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 [Read More]
Recently, I mediated a matter in which the defense representative did not appear in person but was available by telephone. Her attorney as well as plaintiff and her attorney were physically present. Prior to the mediation, counsel had agreed that the defense representative could be available by telephone as she [Read More]
A few weeks ago, I discussed the paradox of Avoidance and Engagement as discussed by Bernard Mayer in his book, The Conflict Paradox (ABA and Jossey-Bass, 2015). I cited the use of mediation as an example of this paradox. Parties engage in mediation to avoid further litigation or prolonging the [Read More]
As we all know, there is quite a bit of subtlety involved in every negotiation. While each party is outwardly stating her perspective or views, each is also communicating a lot by what is not being said, or by what is being implied. Sometimes, these subtle communications get lost because the [Read More]
In November 2015, I discussed a Ninth Circuit Court of Appeals decision- Campbell Ewald Company v Gomez, 768 F. 3d 781 (9th Cir. 2014)- in which that court held that where Plaintiff rejects Defendant’s Federal Rule of Civil Procedure Rule 68 Offer of Judgment offering plaintiff all of the relief [Read More]
If you have been reading my blogs, you know that I am interested in neuroscience and the notion as discussed by Daniel Kahneman in his book Thinking Fast and Slow that we have two systems of thought : System 1 which we use to get through the day; it is [Read More]
Are you superstitious? Do you wear a “lucky” piece of clothing when you need the “gods” to be with you or have a “lucky” charm that you use or hold dear when you hope and pray that a certain event turns out as you want it to? If so, you [Read More]
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 [Read More]
