Featured Articles

26 10, 2018

Informed Consent in Mediations Taking Place in California

By |2018-10-27T09:33:23+00:00October 26th, 2018|Actual Mediations, Arbitration, Featured Articles, Legislature, Mediation|0 Comments

Informed Consent in Mediations Taking Place in California Originally published in the Daily Journal, September 28, 2018. Download the PDF Version of the Article Here Sometimes parties attend mediation without the proper preparation. If the matter is in litigation, their attorney may not have met with them beforehand to explain the process of mediation [...]

18 08, 2016

Mediation Confidentiality: Where We Stand in 2016

By |2018-10-26T12:18:23+00:00August 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 [...]

11 11, 2015

Phyllis Pollack is Featured in ABA Journal Article

By |2017-05-13T07:44:10+00:00November 11th, 2015|Featured Articles, Mediation, Mediations|0 Comments

Mediators find more tools through neuroscience By Susan Kostal - ABA Journal Phyllis Pollack. Photograph by Jonah Light Mediators and other practitioners of alternative dispute resolution are using information gleaned from the research of world-class neuroscientists to calm emotions and help mediations resolve more easily. With the advent of functional magnetic resonance imaging [...]

25 09, 2015

Mediations are supposed to be confidential… but are they really?

By |2017-05-13T07:44:35+00:00September 25th, 2015|Conflict resolution, Featured Articles, Mediation|0 Comments

Previously published in the September 2015 issue of "Advocate" Magazine, Pages 44-55 The September 2015 issue of  Advocate (Journal of Consumer Attorneys Associations for Southern California) focuses  on ADR-Choice is Good.  I am privileged to contribute an article on mediation confidentiality and re-print it here. It may be found at pages 44-55 of this [...]

14 08, 2015

Emotions in Mediation

By |2017-05-13T07:44:58+00:00August 14th, 2015|Featured Articles, Mediation, Negotiation Strategy, Research|0 Comments

The August  2015 edition of the California Lawyer contains an article entitled Feelings in the Fray for which I was interviewed. In it, the author Susan Kostel discusses how emotions very much play a critical rule in negotiations and in resolving disputes.  Understanding a bit of neuroscience goes a long way to helping parties resolve their disputes (as several of [...]

21 03, 2014

Article on Advocacy

By |2017-05-13T07:28:39+00:00March 21st, 2014|Featured Articles|0 Comments

Introduction Several months ago, Joan Kessler asked that I provide an article to be included in the ADR issue of The Advocate. Since then, I have pondered on what I should write about. For inspiration, I went to my weekly blog which I have been posting since August 31, 2006. Reviewing them, I noticed a [...]

13 01, 2014

Mediation Confidentiality: Once Again

By |2017-05-13T07:29:38+00:00January 13th, 2014|Featured Articles|0 Comments

According to the Second Appellate District of the California Court of Appeal, mediation confidentiality will not protect attorney-client communications. In Porter v. Wyner, Case No. B211398 (April 8, 2010), this appellate court held that communications between an attorney and a client during a mediation are not protected by mediation confidentiality. In light of the California [...]

31 08, 2007

Mediation Confidentiality: Does it Really Exist in Federal Court?

By |2017-05-13T07:38:47+00:00August 31st, 2007|Featured Articles|0 Comments

Does mediation confidentiality exist in federal court? The answer is far from clear. Depending on the circumstances, it is both "yes" and "no." BABASA v. LENSCRAFTERS My quest for this answer started by happenstance when I read the Ninth Circuit Court of Appeals' opinion in Babasa v. LensCrafters, Inc., 498 F. 3d 972 (9th Cir. [...]