Joe Markowitz

Joe Markowitz
Joe Markowitz has practiced commercial litigation for more than 30 years, both in New York City and Los Angeles, and has served as a mediator for more than fifteen years. He is a member of the Mediation Panels in both the District Court and Bankruptcy Court in the Central District of California. He is currently the president-elect of the Southern California Mediation Association.

Objections to Joint Sessions

“Joint sessions are a waste of time,” said the judge conducting a mediation in which I was representing one of the parties. In that mediation I was asking for a joint session, but the judge still blocked us from doing one because the other side would not agree. I’ll...

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Reading Emotions

In the second Guardians of the Galaxy movie, there is a character named Mantis who has the power to sense the emotional state of anyone she touches. She can’t read their thoughts, but she can read their feelings. The other characters are amazed, and sometimes...

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Mediation and Justice

At the ABA Dispute Resolution Conference, I had a chance to hear a panel of experts from around the world talk about different ways of viewing the mediator’s role in helping achieve a just result for parties using the process. In China, which has a couple of thousands...

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How Mediation Works

A new book by Sephen Goldberg, Jeanne Brett, Beatrice Blohorn-Brenneur and Nancy Rogers presents a concise primer on what participants can expect from the mediation process. Being academics, the authors ground their discussion in theory, starting with an explanation...

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Bidding Against Yourself

I had a chance to hear William Ury, best-known as co-author of Getting to Yes, speak this weekend at the SCMA fall conference. One of the things he talked about was seeing yourself as your own worst enemy in a negotiation. Or as he put it, listening to yourself as a...

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Rule 1

The reformers who drafted the Federal Rules of Civil Procedure in the 1930's thought that if we could only get rid of the complexities of ancient pleading practices, and liberalize discovery, cases could be fairly adjudicated on their merits instead of being won or...

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Mixed Signals

Last week it was revealed that movie producer Harvey Weinstein has a long history of accusations of sexual harassment. His namesake company fired him. In response, Weinstein composed an apology letter, in which he promised to “conquer my demons” and make amends to...

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From Litigation to Conflict Resolution

If I were to write a book on my experiences practicing law, I might use the above title. It has multiple meanings. “From litigation to conflict resolution” describes what happens with most contested legal disputes; they tend to follow a trajectory from an adversarial...

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Ten Duel Commandments

I’ve been listening to the cast album from the musical “Hamilton”, in preparation for finally getting to see the show when it comes to LA later this summer. One of the bits of historical information that can be gleaned from this show concerns the rules of dueling,...

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