KIRN MEDIATION

KIRN MEDIATION Blogs

Blog Authors

Latest from KIRN MEDIATION

KIM is a full-time mediator handling employment disputes, contract issues, real estate, construction, personal injury and premises liability cases. She has a strong record of tackling, even the most difficult disputes, and finding a resolution.

An e-mail arrives at 2:13 AM rejecting the applicant for a new job. The applicant had felt her qualifications matched the job criteria perfectly, so she had enthusiastically submitted her application online as requested by the employer.  She had not expected a response so soon; after all she had just submitted the application at 3:00 PM the day before. The employer had the application for
Continue Reading AI: IMPACT ON EMPLOYMENT LAW

Sexual misconduct legislation keeps coming in the aftermath of the Harvey Weinstein scandal and the resulting #Metoo Movement. Recently, the state of California enacted a bill protecting survivors of sexual assault, sexual harassment, or discrimination by defining their speech as privileged. Under the new law, any communication made “without malice, regarding an incident of sexual assault, harassment, or discrimination” is considered privileged if the person making the statement had a “reasonable basis” to file a complaint for sexual assault, sexual harassment, or discrimination—regardless of whether a complaint is filed.  https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=47.&lawCode=CIV
While the law is intended to encourage legitimate complaints
Continue Reading #METOO Legislation

My sister and I were roommates in Chicago back when we were both beginning our professional careers. To travel home to our small town in rural Missouri for a holiday was a seven-hour one-way drive; long, boring and made treacherous by winter weather. We drove Interstate 55 and, not only is this a long stretch, but a flat, wind-blown road with snow fences along the fields to keep the drifting snow off the Interstate. We drove a 12-year-old, hand-me-down Chevy Caprice, nicknamed the Green Beast; it was a boat, so we felt safe amid the trucks and other holiday travelers
Continue Reading EVERYDAY MIRACLES

Who attends the mediation is critical. My own experience bears this out—when the actual decision maker is in the room and actively participating, we have a much better chance of settling. The higher the stakes, the more important it is for the right people to sit around the table.
3M, headquartered in St. Paul MN, is number 116 in Forbes Fortune 500 listing. In 2008, 3M acquired an Indiana company, Aearo Technologies, which sold earplugs to U.S. military.  However, in 2015, 3M ceased manufacturing the ear plugs. Complaints from veterans arose about hearing loss and tinnitus. An earlier whistleblower case
Continue Reading Court Orders 3M CEO to Attend Mediation In-Person

While riding my bike on a tranquil bike path, I smelled smoke. The smell became stronger. Then I saw smoke–lots of it. Beyond some adjacent shrubs was a road with small businesses and one of those businesses was on fire.
Smoke was billowing out of every window and the roof. The fire trucks were assembling and beginning to shoot strong jets of water from their hoses. The heat radiating from the fire was fierce, sweltering, and frightening. My brain wanted to run but I was transfixed.  I had never been so close to a serious fire.  A team of firefighters
Continue Reading RUNNING TO THE FIRE

FINRA (the Financial Industry Regulatory Authority) invited me to join in their latest video geared help FINRA Arbitrators. I filmed from my dining room while my colleagues were in the recording studio and we demonstrated how seamless using ZOOM can be. Lots of hearings and mediations are still moving ahead on ZOOM and with so many parties and attorneys coming in from all over the country, virtual hearings can be faster and cost effective. So check out my FINRA debut! https://www.finra.org/arbitration-mediation/neutral-workshop-audio-and-video-files
 
The post New FINRA Workshop Video appeared first on Kim L. Kirn.
Continue Reading New FINRA Workshop Video

]
Do you remember Cabbage Patch Kids; sweet, soft baby dolls with the strange faces that were such a phenomenon back in the 80s?  My Christmas story involves my much younger sister’s fervent desire for a cabbage patch kid for Christmas.  I am so lucky to have a sister who’s 16 years younger than I am, so as a young professional I could come home to stay with my parents and spend the holidays with this delightful little girl.
One Christmas, she (like every other child in America) asked Santa for a cabbage patch kid.  I’m including a picture
Continue Reading CHRISTMAS SURPRISES

Have you ever compared the design of US dollars to other countries’ notes, like the Euro? Each Euro numerical denomination includes color and architectural treasures.  I’ve included a picture of the EURO note so you can see an illustration.  Each denomination boasts detailed illustrations of doorways, bridges and aqueducts.  https://www.ecb.europa.eu/euro/banknotes/design/html/index.en.html
Look closely. None of the illustrations represent actual existing monuments or bridges.  What?!?  Europe, the home of Gothic cathedrals, Palladium windows, leaning towers and Rose stained glass windows chose to forego boasting of their architectural gems on their money.  Why?  In contrast, US currency includes renderings of the Lincoln Memorial
Continue Reading Mediating the EURO note

As COVID ebbs and flows and we are now on our second booster shots, mediations are coming back to in-person. I am seeing hybrid mediations with most clients and attorneys in person, but a couple of participants using ZOOM.
This will the model going forward.  The benefits of ZOOM participation are easy to list:  cost saving; convenience; ability to make right person available for the ZOOM, etc.  But there are thoughtful reasons to attend a mediation in person:

  • To see and hear your opponent live.  ZOOM cannot capture the “whole person” and you may want to make your own assessment

  • Continue Reading HYBRID MEDIATIONS

    Just as you can hone your trial advocacy skills, you can hone your mediation advocacy skills.  I have the pleasure of presenting three continuing legal education (CLE) webinars with my mentor and colleague Mike Geigerman on mediation advocacy.  We will be sharing many tips on how to be the best advocate you can be, but I’d like to share three tips that you can incorporate into your practice now.
    The Missouri Bar Association is offering mediation advocacy 101 on January 4, 2022 at 2:00 PM.   https://mobarcle.mobar.org/item/2022-mediation-advocacy-101-437687?eventTimeId=3487904.  101 is geared for young lawyers or others who have never attended
    Continue Reading THREE TIPS FOR BEING THE STRONGEST ADVOCATE YOU CAN BE IN A MEDIATION

    “Guess Who’s Coming To Dinner” was a groundbreaking movie focusing on an interracial love story. Who were the suburbanite parents expecting their daughter to bring home to dinner in this 1967 movie?  Unmet expectations make for a great story, but they do not make for a great mediation.  Actually, they can make for disaster and who we expect to attend the mediation is critical.
    The US District Court for the Eastern District of Missouri spells out who must attend:
    All named parties and their counsel are required to attend the ADR conference, participate in good faith, and possess the requisite
    Continue Reading GUESS WHO’S COMING TO MEDIATION