emotions

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27 01, 2017

Emotions Do Carryover

By | January 27th, 2017|Negotiation Strategy|0 Comments

I saw a blog on the Program on Negotiation (PON) at Harvard Law School’s web page written by its staff (January 12, 2017) entitled “How Mood Affects Negotiators”. It caught my attention because I had just witnessed this effect in two of my mediations. Recently, I held two mediations on the same day- one in [...]

23 09, 2016

Random Thoughts

By | September 23rd, 2016|Research|0 Comments

Recently (as part of a book club), I read The Psychology of Conflict by Raul Randolph (Bloomsbury Publishing PLC, London 2016) who is a barrister and mediator. His approach is to use existentialism as the vehicle through which to discuss the psychological aspects of mediation.  Although some participants of mediation may deny and avoid  it, [...]

16 09, 2016

Emotions Control

By | September 16th, 2016|Research|0 Comments

Recently, I stumbled across an interesting study published online by the ABA Journal (aka American Bar Association Journal). Researchers discovered that when the LSU Tigers unexpectedly lose a football game, the juvenile judges take their anger/frustration at the loss out on the juveniles before them by imposing longer sentences. (“Louisiana juveniles got longer sentences after [...]

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 [...]

11 11, 2015

Phyllis Pollack is Featured in ABA Journal Article

By | 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 [...]

30 10, 2015

Losing Sight of Reality; Trust and Relationships

By | October 30th, 2015|Actual Mediations|0 Comments

I now know why I traded in the very uncivil world of civil litigation for mediation; it is destructive… and nothing really good comes out of it. I say this because I just mediated a post settlement dispute that was about to end in court the next morning as an ex parte motion to enforce [...]

14 08, 2015

Emotions in Mediation

By | August 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 [...]

18 07, 2014

Listening For the Emotions

By | July 18th, 2014|Negotiation Strategy|Comments Off on Listening For the Emotions

Have you ever attempted to calm down an emotional person? Our natural inclination is to deny the emotional content of what the speaker is saying by using logic and/or facts such as, "There is no reason to get upset", "Calm down", "You are over-reacting", "You have misunderstood", "Maybe it is because...."; "Don't be so sensitive", [...]