For the past year, I’ve authored monthly articles for the Bar Bulletin as well as other periodicals regarding the foundations of alternative dispute resolution. Most legal professionals who find themselves involved in mediation will debate whether mediation is a vital process in conflict resolution. Both trust and faith in the mediation process are required to achieve a mediated resolution. However, the use of extreme positions in mediation can hinder rather than facilitate this goal. This month’s article explores why extreme positions are counterproductive in mediation and examines the psychological, practical, and ethical aspects that undermine the effectiveness of this approach. By understanding the drawbacks of extreme positions, mediators and parties involved can better navigate the mediation process towards more successful and sustainable outcomes.

I met a lady from the South who said

(You won’t believe she said it, but she said it):

“None of my family ever worked, or had

A thing to sell.” I don’t suppose the work

Much matters. You may work for all of me.

I’ve seen the time I’ve had to work myself.

The having anything to sell is what

Is the disgrace in man or state or nation.

Stratford v. Umpqua Bank, No. 100717-5 (Sep. 14, 2023). At issue: whether Washington recognizes the apex doctrine as a basis for a protective order under civil rule 26(c). Washington’s Supreme Court ruled that it does not and should not.

The second Monday in October is Indigenous Peoples’ Day, a contemporary interpretation of the Columbus Day federal holiday originally enacted in 1932. How we approach this day varies: some choose to honor or celebrate, while others mourn. No matter how you experience Indigenous Peoples’ Day, it is personal, and it is essential we commit to shifting our lexicon from “Columbus Day” to “Indigenous Peoples’ Day.”

There is a crisis in public defense, as experienced lawyers quit because the workload is crushing, and offices struggle to replace them. In some Washington counties this year, accused persons sat in jail for weeks with no lawyer at all. A new National Public Defense Workload Study makes clear that existing caseloads are far too high.

As a young person travelling in England, an iconic memory was hearing the sonorous English voice telling me to “Mind the Gap” in the tube station. A nice bit of nostalgia but it also puts me in mind of the gaps that we face when trying to provide truly effective service to those who are representing themselves in legal proceedings. While there are plenty of resources to help pro ses, there are just as many gaps that make it difficult for people to advocate for themselves.

October is the month to celebrate the harvest and embrace the beginning of the autumnal chill. Our shadows grow longer, and we are reminded it is also the month synonymous with ghouls, goblins, tricks and treats. Thanks to KCBA, there is no need to be spooked.

This month’s PBS Spotlight recognizes Shaun Baber for her work as a volunteer with the Neighborhood Legal Clinics (NLC). Shaun has been serving in important roles as a Clinic Assistant for the West Seattle General Clinic and as an intern with NLC’s Intake and Referral Line. It’s not common for volunteers to take on both volunteer roles, which speaks to Shaun’s commitment to helping clients access legal help.

“Renaissance Woman” describes a woman who has acquired profound knowledge or learning in more than one field, a woman who knows a lot and is interested in many things and a woman who can mix the knowledge of what is considered disparate spheres into a new whole.

Pity the appellate judge. The desire to do justice must give way to the incremental pace of our common law tradition, with its reliance on precedent, convention and procedural rules that limit the breadth and scope of appellate decisions.