13 04, 2018

What is “Good Faith”?

By |2018-03-23T15:49:44+00:00April 13th, 2018|Mediations|1 Comment

Recently, I conducted a mediation in which defense counsel was very candid with me by advising that she was there only because the court ordered the mediation and  her client would just assume take the matter to trial.  In this connection, she further advised that  her  client has been taking a very aggressive approach to [...]

15 12, 2016

Penny Wise – Pound Foolish

By |2017-05-13T07:41:15+00:00December 15th, 2016|Mediations|1 Comment

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+00:00April 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+00:00February 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+00:00November 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 [...]

6 06, 2015

Seeking “Justice”

By |2017-05-13T07:45:26+00:00June 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+00:00May 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+00:00August 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 [...]