Mediation

16 04, 2019

Getting California Mediation Settlements Enforced Is Now Harder

By |2019-04-17T11:15:12-07:00April 16th, 2019|Actual Mediations, Arbitration, Featured Articles, Legislature, Mediation|0 Comments

Originally published in Law360, April 9, 2019 Typically, if a matter settles at mediation, the parties will enter into a settlement agreement then and there to ensure that the matter has indeed settled; there will be no buyer’s remorse or change of mind the next morning. Often included are provisions that the settlement agreement may [...]

26 10, 2018

Informed Consent in Mediations Taking Place in California

By |2018-10-27T09:33:23-07:00October 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 |2018-10-26T12:18:23-07:00August 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 [...]

12 02, 2016

Recent Developments in Mediation Confidentiality

By |2017-05-13T07:43:33-07:00February 12th, 2016|Court Cases, Legislature, Mediation, News articles|0 Comments

Two developments occurred regarding mediation confidentiality during the first week of February. First, on Monday, February 1, 2016, the Ninth Circuit Court of Appeals heard oral argument in Craig Milhouse v. Travelers Commercial Insurance, Case Nos. 13-56959 and 13-57029.  Dr. and Mrs. Milhouse suffered the total loss of their home in Yorba Linda, California in [...]

27 11, 2015

The Value of a Joint Session

By |2017-05-13T07:43:59-07:00November 27th, 2015|Mediation, Negotiating, Negotiation Strategy, Research|0 Comments

Depending upon where one mediates within the United States, the mediator either will start the mediation with a joint session or will simply start with separate sessions so that the adverse parties may, indeed, never see each other. For some reason, using joint sessions is popular on the east coast but most folks in California [...]

11 11, 2015

Phyllis Pollack is Featured in ABA Journal Article

By |2017-05-13T07:44:10-07:00November 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 [...]

16 10, 2015

A Further Update to Mediation Confidentiality in California

By |2017-05-13T07:44:25-07:00October 16th, 2015|Legislature, Mediation|0 Comments

Several weeks ago, I posted a blog about the proposals voted on by the California Law Revision Commission to make certain changes to mediation confidentiality in California. At its August 8, 2015 meeting, the Commission proposed creating  several exceptions to mediation confidentiality that would allow; (1) Both lawyers representing clients and attorney mediators to be [...]

25 09, 2015

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

By |2017-05-13T07:44:35-07:00September 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 [...]