15 12, 2016

Penny Wise – Pound Foolish

By | 2017-05-13T07:41:15+00:00 December 15th, 2016|Mediations|0 Comments

Although as a full time neutral, I usually get paid for mediating, as a way to give back to the community, I am on various state and federal court mediator panels in which parties can utilize my services for a certain number of hours on a pro bono basis or for free. After that set [...]

1 04, 2016

Informed Consent

By | 2017-05-13T07:43:14+00:00 April 1st, 2016|Mediations, Negotiation Strategy|0 Comments

On Saturday, March 19, 2016, the Southern California Mediation Association held a Town Hall on two topics: mediator certification and mediation confidentiality. It is the latter that I wish to discuss. The Supreme Court of California has repeatedly held that mediation confidentiality as set out in California Evidence Code Sections 1115-1128 is absolute. There are [...]

26 02, 2016

Avoidance and Engagement

By | 2017-05-13T07:43:28+00:00 February 26th, 2016|Mediations, Negotiation Strategy, Research|0 Comments

In last week’s blog, I mentioned one paradox (competition and cooperation) discussed by Bernard Mayer in his book, The Conflict Paradox (ABA and Jossey-Bass, 2015).  A second one is avoidance and engagement. Like the first paradox, on superficial glance, avoidance and engagement appear to be polar opposites. But, upon deeper reflection, and like the first [...]

11 11, 2015

Phyllis Pollack is Featured in ABA Journal Article

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

6 06, 2015

Seeking “Justice”

By | 2017-05-13T07:45:26+00:00 June 6th, 2015|Mediations, Research|0 Comments

Plaintiffs file lawsuits seeking “justice”. Defendants respond, stating they are seeking “justice” as well. Both come to mediation, seeking “justice”.  When I am told this, that each side wants “justice”, I am not sure how to respond because I do not know exactly what that word means. An article by Jonathan M. Hyman and Lela [...]

1 05, 2015

Insuring Settlement

By | 2017-05-13T07:45:47+00:00 May 1st, 2015|Mediations, Negotiation Strategy|0 Comments

A colleague (Esther Bleuel) recently shared a quote by Benjamin Franklin: “Failing to Prepare is Preparing to Fail.” Recently, the Los Angeles Daily Journal published an article by Larry Mills entitled, How Counsel can make or break a settlement. (April 3, 2015- page 2 of Verdicts and Settlements). In essence, the article was all about [...]

15 08, 2014

To Mediate or Not To Mediate Now, That is the Question

By | 2017-05-13T07:47:53+00:00 August 15th, 2014|Mediations|Comments Off on To Mediate or Not To Mediate Now, That is the Question

With the upmost respect and acknowledgment to Hamlet's famous soliloquy in Shakespeare's Hamlet, (Act 3, Scen3 1, lines 55-87), the question often arises of when should the parties attempt to negotiate a settlement, through mediation or otherwise.Some argue that the sooner the better, before the parties become entrenched in their respective positions and the costs [...]

28 06, 2013

Mediating ZOPA

By | 2017-05-13T07:31:32+00:00 June 28th, 2013|Mediations|Comments Off on Mediating ZOPA

In the last few days, I have mediated a couple of cases in which ZOPA took center stage. ZOPA stands for Zone of Possible Agreement and as defined by Brad Spangler (and updated by Heidi Burgess in June 2013) on the Beyond Intractability website, it " the common ground between two disputing parties":[Zopa] exists if [...]