Facilitation Articles

Facilitation Articles


An Offer to Settle Does Not End the Case!

(2/05/16)Phyllis Pollack The Ninth circuit recently determined that a rejected Offer of Judgment did not moot the case. Defendant appealed. This is their story.

Successful Entrepreneurs Must Learn to Negotiate

(1/22/16)Larry Susskind If you can’t negotiate, you can’t be a successful entrepreneur.

I’m Telling on You, You Tattletale!

(1/22/16)Vivian Scott To me there’s a difference between calling out bad actors for the benefit of the greater good and tattling on someone with the intention of being unfairly rewarded. And, that’s exactly what I think is happening with the tattletale epidemic

The Australian Experience of Pre-Litigation ADR Requirements

(1/22/16)Greg Rooney Mediation is now well-established in Australia particularly in the commercial jurisdictions of the states and territories. However it is still viewed as an unwelcome visitor by many in the legal profession and the judiciary.

Control Addict – My Life As A Recovering Micromanager

(1/15/16)Patricia Porter “Ab, stop micromanaging…” My husband Bernard cried out. I was badgering him with questions about when he would complete a project on our house.

Whatever You Do, Don't Buy a Discount Baboon

(1/15/16)Brad Heckman My job in PA was to listen to people’s legal troubles and align them with an affordable attorney. One day, I got a call from a client who had been trying, with no luck, to find an attorney with experience with “monkey cases.”

An Australian and a Canadian Walk into a California Law Revision Commission Meeting… And Listen.

(1/15/16)Karinya Verghese This article provides a summary of the authors’ observations at the Commission Meeting of December 10, 2015 and of the issues surrounding the proposed legislative amendments to mediation confidentiality.

Are You Letting This Common Habit Get in the Way of Effective Mediating?

(1/08/16)Tammy Lenski It feels natural to take notes while mediating or coaching, and coaching and mediation notes serve a purpose. While jotting down something really important is useful, taking notes throughout the session is often a mistake.

In Support of Arbitration

(1/08/16)Brian Jerome This article reflects on the current and timely issue of hidden arbitration clauses in contracts, and a rebuttal to the recent NY Times article series which was extremely partisan and put arbitration and arbitrators in a very poor light. The article more accurately positions arbitration as an important and helpful alternative to litigation.

Enforcing Arbitration Clauses in Derivative Proceedings: Russia’s Perspective

(1/08/16)Mikhail Samoylov Russian courts take a view that a shareholder is not bound by an arbitration clause included in a contract.

New Year – New Beginnings – Better You

(1/04/16)Patricia Porter I love New Years because I love the idea of a new beginning. I like many others’ like to make New Year resolutions. I determine what my intentions for the coming year will be by reflecting on where I fell short over the last twelve months.

E-Mediacion: ¿Un Nuevo Escenario Deontologico?

(12/18/15)Maria Eugenia Sole El desarrollo de la Mediación como práctica social amerita considerarla ya como una profesión en sí misma, no sólo por los alcances que presenta en la problemática social, sino también por la preparación académica que se espera de los mediadores para constituirse como tales.

Which System Would the Jury Use?

(12/11/15)Phyllis Pollack 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 to get through our day.

Make the Most of Your Mediation – The Personal Injury Case

(11/13/15)Lynn Duryee Doesn’t it seem like all personal injury cases should settle at mediation? Due to the mountain of available data, there is much more predictability with the outcome of PI cases than with other civil cases.

Death and Conflict are Part of Life

(11/09/15)Dan Simon In conflict, professionals often believe that containment, suppression and an efficient settlement are needed. That is, they try to make the conflict go away, just as physicians try to make disease go away.

Federal Arbitration Case Update: The Powers that Be

(11/09/15)Richard Birke Following are two interesting and recent federal court rulings related to arbitration.

Compassion Business: Whose Business is It?

(10/30/15)Michelle Brenner This article discusses a conversation between a Social Psychologist, a politician and community leaders.

Dispute Resolution Systems and the Future of Our Field

(10/23/15)John Lande First, I suggested that trials should be considered as part of (A)DR. Now, my school publishes a symposium on judicial education in our Journal of Dispute Resolution. You might understandably wonder if we have lost our freaking minds.

The Hague Convention, Seven Characteristics, and Mediation

(10/23/15)Mary Damianakis This article discusses the Hague Convention on child abductions. It gives an update on dealing with children in international custody negotiations.

Fresh Eyes and Bruce Springsteen

(10/23/15)Hannah Kaufman The feeling of settling in has clear value for those of us involved in mediation, but it poses risks as well.

Why Do We Do These Things?

(10/16/15)Don Cripe I am certain that I have learned more about the law and human beings in my 18 years of mediation experience than I ever believed possible. I am constantly amazed, and I mean that term sincerely, with the things I have witnessed my lawyer colleagues do in mediation.

The Upside of Anger

(10/12/15)Phyllis Pollack In most disputes, when people get angry- it is a bad sign! It usually means that the dispute will NOT get resolved, and that one or the other party will leave in a huff. Indeed, neuroscience teaches us that when the emotional side of our brain (right brain) is operating in full force, there is absolutely no way that we can think deliberately or rationally (?). Our left brain is being overpowered by right brain.

Yes, it Does Matter What Others Think of You

(10/12/15)Vivian Scott If you’re on the Internet at all, you’ve probably seen those quotes floating around social media that are supposed to give you strength, inspire you, or simply provide a chuckle here and there. Some of them can be quite thought provoking; enough so that I often share them myself because I think they’re a quick way to remind us all to be our best, try our hardest, and to generally calm down while we focus on the good things in our lives.

Stop and Think … Before Suing!

(10/02/15)Phyllis Pollack Californians have a reputation for being litigious; for making mountains out of mole hills. Judge Kozinski of the Ninth Circuit Court of Appeals minces no words on this point. A very small “tiff” got very much out of hand apparently because neither party had the courage (or common sense?) to admit the error and/or apologize.

Mediations are Supposed to be Confidential… But Are They Really?

(9/25/15)Phyllis Pollack Either as a participant in a mediation or as the mediator, we have all learned the cardinal rule that mediations are confidential both in terms of the statements and other communications made during the mediation and the information the mediator keeps to herself, not sharing it with the other parties. Many times a mediator has analogized mediation confidentiality to the television ad, “What happens in Vegas, stays in Vegas” to explain the sacrosanct nature of mediation confidentiality.
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