Editor’s Commentary

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.

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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.

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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.
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Rising Above the Rest

When the sequoia seeds fall to the ground it will spend the first 200-500 years growing upwards in an effort to avoid competition and to reach the canopy for maximum sunlight … As humans, we don’t have the luxury of spending hundreds of years forming our framework or foundation. In the short life we have to live, we must make our choices with integrity. To rise above the rest, we must be ethical and take the high road.
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Is there a Litigation Gene?

When traveling
in the Galapagos, I had the amazing opportunity to visit various
islands—each unique with their own set of flora and fauna.  I am still
amazed to this day of one theme common to all the islands.  As our tour
guide explained it, the animals somehow evolved without any natural
predators.  I’m sure there is an actual scientific evolutionary
explanation but the details are lost on me.  Without predators, the
animals don’t engage in conflict.

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The Conscious Unconscious Competent

As individuals, we learn things in four stages: (1) unconscious incompetence, (2) conscious incompetence, (3) conscious competence, and (4) unconscious competence … Many argue that the unconscious competent is not the ultimate level … Robert W. Pike actually created an additional fifth level entitled “conscious unconscious competence.”

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A Window to the Other Side – Part Two

When trying to prevent conflict or deescalate conflict, it is often
helpful to consider how language barriers—in this case between men and
women—helped fuel the original conflict.  Only by understanding how men
and women communicate differently can channels of communication be
opened.  Here are four points that are helpful when dealing with parties
in conflict:

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A Window to the Other Side – Part One

Studies show
that different backgrounds (including culture, country of origin, native
language, geographic region, age, and gender) create different
interpretations of language.  Because all individuals have different
backgrounds and different conversational styles, misunderstandings are
likely to arise.1  For example, a minor dispute might arise
between a husband and a wife, but their unique conversational styles
prevent them from resolving the dispute amicably because they are
“talking past one another.”

 

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