The 10 Best Negotiation Books of 2021

Most people want to get what they desire, which is where negotiating can come into play. There are countless books about negotiation out there, but which one is the best option? Learning to bargain is quite easy with the right tools. Whether it’s for business, your personal life, or something else, negotiating skills are essential. …

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Orchestrating Settlement: A Symphony of Sound and Color

This fall I attended one of the outdoor concerts by the Los Angeles Philharmonic Symphony at the Hollywood Bowl. It was a spectacular affair—beginning with the wonderful sounds of classical music and ending with a fantastic light show.  The concert featured a local university marching band as well as a guest appearance from a world renowned cellist.

The Courtroom vs. The Boxing Ring

Two key points:
First, to be successful, a boxer must first become desensitized to the
effects of inflicting injury on others. Secondly, the boxer must accept
personal risk with every fight.
As a litigation attorney and a writer, the boxing world is full of
parallels to my profession. Many key psychological aspects of boxing are
very similar to that of litigation.

Exciting New “Discoveries”

The Legislature is authorized under Code of Civil Procedure section 2033.710 to develop form interrogatories. In the past, the Council has approved sets of interrogatories for general use in civil cases, unlimited civil cases, and specialized sets for various types of law that are commonly practiced … However, as of January 1, 2013, the Judicial Council approved a NEW set of form interrogatories specifically designed for use in litigating construction and construction defect cases.

Listen to Me! Litigation’s Modern Failure

We live in an increasingly touchy-feely society where we give respect and regard to the therapist, the counselor, and professionals generally whose purpose and process is geared towards the individual’s needs. It’s not surprising that as society has evolved, and our basic needs are met (e.g. food, shelter, safety), we strive to find belonging, build self-esteem, and achieve self-actualization … Yet, somehow, when it comes to solving legal disputes, these tenets or values are significantly underappreciated or, worse, overlooked and discarded entirely.

Mediation Confidentiality Threatened

Confidentiality has been a hot topic lately.  Under existing California law, when a person participates in mediation for the purpose of settling a civil dispute, anything said in the course of mediation or in the consultation for mediation services is not admissible in evidence in any other action or proceeding.  Last year, in Cassel v. Superior Court (2011) 51 Cal. 4th 113, the Court was unwilling to make an exception to the broad sweeping policy of confidentiality in mediation.