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Joe Markowitz
Los Angeles business trial lawyer and mediator
Los Angeles business trial lawyer and mediator
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Joe's posts

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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 sometim...

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Winning
This week Congress appears poised to succeed in passing a budget, a feat many were not sure was possible in these partisan times. Budget negotiations were a subject I took a strange interest in during the Obama years, when all the talk was of whether the pr...

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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 o...

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Dispute Resolution Protocols
It's not enough to suggest that in resolving disputes, we ought to encourage the use of mediation or negotiation or some other techniques that are preferable to a long, drawn-out lawsuit. Litigants often are not comfortable enough with ADR to resort to it a...

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Compared to what?
In my sometimes over-simplified way of looking at negotiated agreements, I have argued that the only proper way to evaluate a potential deal is to compare it to alternatives that are actually available. Do not compare it to the deal that you think your side...

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Aikido and conflict resolution
I had a chance at the SXSW Interactive Conference this week, to attend an introductory session on how the principles of the martial art of Aikido can be applied to resolving workplace and other conflicts. The presenters used the symbols of sword, shield and...

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Opposing Actors
While lots of attention is being paid to this year's Oscars fiasco in which the presenters were handed the wrong envelope for the final award, I want to call attention to a little-noticed speech by Mark Rylance, who presented the (correct) award for best su...

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How litigation resolves conflict
The other day, I was trying to explain to another attorney why I've grown to dislike the term "litigation," even though it's the most commonly-accepted way of describing most of my law practice. I don't have any objections to filing or defending lawsuits, a...

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"Us" vs. "Them"
You want to know about us? The kind of people you can trust, that's us. Reputable people. About them, they are the ones who caused the problem, not us. The thing about us, is that we're right. We did nothing wrong. OK, maybe we made a few mistakes, and the ...

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Limiting options
There is a measure on the March ballot in Los Angeles, Measure S, that would among other things force a two year moratorium on most new big real estate development projects in the city. I'm not going to discuss here the merits of this proposal, even though ...
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