It’s time to come together
I’m not going to try to add to the chorus of voices frightened about what they see happening in our country. I worry every day not just that we’re divided – but that we don’t even know how to even speak with those with whom we disagree. Instead, I’m posting this beautiful and uplifting video. Maybe it takes a beer company to show us the way? I’ll take it! ...
Read MoreI KNOW WHAT YOU DID AT WORK (AND SO DOES EVERYONE ELSE)
As if there weren’t enough good reasons not to go to court on employment claims, the Internet has given us another. Increasingly, electronic court filings are being widely circulated, either by plaintiffs’ attorneys or by courthouse information services. And the more sensational the allegations, the likelier the case is to go viral. The trend is most notable where someone (usually but not always a woman) alleges that she’s been subjected to sexual misconduct and/or discrimination. No surprise there. There’s a far smaller audience for cases about, say, subordinated...
Read MoreINTERACTING WITH OTHERS – A NOVEL IDEA
My daughter hosted a sleepover for her 12th birthday last weekend. Things were a little different than the slumber parties I remember going to at that age. Each time I checked on them, at least three or four guests had their heads down, looking at their phones. Two girls kept leaving the room; they seemed to be texting with someone all evening long. And when I came downstairs at an insane hour to ask them to lower their voices, one girl was at the kitchen table staring at a computer. A computer, and not one of ours – two girls had bought computers along with their sleeping bags....
Read MoreTHE UNIQUENESS OF EMPLOYMENT MEDIATION
Words of wisdom from a highly-experienced mediator: The [employees] believe they have been mistreated by their employers, and the employers almost always deny the factual allegations. Consequently, employment mediations tend to be emotionally charged. At the same time, the cases usually involve a complex body of statutory and case law. This requires a mediator who can empathize with the employee and employer, make them feel comfortable and engender trust. At the same time, however, the mediator must understand the applicable law and be able to discuss how it applies to the facts of...
Read More“HOW ARE WE SCREWING YOU UP?”
Reading today’s obituary for John Shields, a former CEO of Trader Joe’s, I was struck by one passage: Shields said he spent days in stores asking employees, “What are we doing at the office to screw you up?” “And, boy, I filled up 20 notepads,” he said. No one knows a job like the people who are in it. Why then is it nearly unheard-of for managers – much less a CEO – to take the time to ask employees what’s going well and what could be improved? The benefits of these conversations are enormous: By knowing what’s wrong, the stores...
Read MoreNEWS: THE HARWELL INSTITUTE
I’m pleased to announce that I’ve become affiliated (non-exclusively) with the Harwell Institute, which has been established to provide the legal community with mediation and arbitration services at an extremely affordable cost. With mediation no longer available through Los Angeles Superior Court, attorneys and their clients are in an unpalatable situation. Since cases may not get to trial for five years, early resolution is more important than ever. But the traditional ADR provider organizations are very expensive, and spending more than a modest amount for mediation often...
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