Actual Mediations

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22 12, 2016

Stepping Outside of Ourselves

By | December 22nd, 2016|Actual Mediations|0 Comments

Not everyone lives the way we do. And just because someone may do things very differently than we might does not mean that what he alleges as happening is false. In social psychology circles, this tendency to discount others who do not share our world view is called “naïve realism” which according to Wikipedia (https://en.wikipedia.org/wiki/Na%C3%AFve_realism_(psychology) [...]

18 08, 2016

Mediation Confidentiality: Where We Stand in 2016

By | August 18th, 2016|Actual Mediations, Arbitration, Featured Articles, Legislature, Mediation|0 Comments

Where we stand on mediation confidentiality, both in California since the Cassel decision and in the Ninth Circuit Originally published in The Advocate, August 2016 Issue. Download the PDF Version of the Article Here (PDF, 250Kb) Phyllis Pollack. Photograph by Jonah Light During the past year, there have been two interesting developments regarding [...]

10 06, 2016

Mediation Attendance

By | June 10th, 2016|Actual Mediations|0 Comments

Recently, I mediated a matter in which the defense representative did not appear in person but was available by telephone. Her attorney as well as plaintiff and her attorney were physically present. Prior to the mediation, counsel had agreed that the defense representative could be available by telephone as she lived on the other side [...]

29 04, 2016

A Perfect Example of Engaging to Avoid

By | April 29th, 2016|Actual Mediations, Research|0 Comments

A few weeks ago, I discussed the paradox of Avoidance and Engagement as discussed by Bernard Mayer in his book, The Conflict Paradox (ABA and Jossey-Bass, 2015). I cited the use of mediation as an example of this paradox. Parties engage in mediation to avoid further litigation or prolonging the dispute yet at the same [...]

18 03, 2016

Are You Hearing What I Am Saying?

By | March 18th, 2016|Actual Mediations|0 Comments

As we all know, there is quite a bit of subtlety involved in every negotiation. While each party is outwardly stating her perspective or views,  each is also communicating a lot by what is not being said, or by what is being implied. Sometimes, these subtle communications get lost because the listener hears the question differently [...]

29 01, 2016

An Offer to Settle Does Not End the Case!

By | January 29th, 2016|Actual Mediations, Arbitration, Court Cases|Comments Off on An Offer to Settle Does Not End the Case!

In November 2015, I discussed a Ninth Circuit Court of Appeals decision- Campbell Ewald Company v Gomez, 768 F. 3d 781 (9th Cir. 2014)- in which that court held that where Plaintiff rejects Defendant’s Federal Rule of Civil Procedure Rule 68 Offer of Judgment offering plaintiff all of the relief he requests, the case is [...]

11 12, 2015

Which System Would the Jury Use?

By | December 11th, 2015|Actual Mediations, Research|0 Comments

If you have been reading my blogs, you know that I am interested in neuroscience and the notion as discussed by Daniel Kahneman in his book Thinking Fast and Slow that we have two systems of thought : System 1 which we use to get through the day; it is intuitive, fast, emotional, automatic and [...]

4 12, 2015

Overcoming Irrationality!

By | December 4th, 2015|Actual Mediations, Negotiation Strategy, Research|Comments Off on Overcoming Irrationality!

Are you superstitious?  Do you wear a “lucky” piece of clothing when you need the “gods” to be with you or have a “lucky” charm that you use or hold dear when you hope and pray that a certain event turns out as you want it to? If so, you are not alone. But, like [...]