PGP Mediation

THE MAGNUSON-MOSS WARRANTY ACT

Phyllis — Fri, 11 May 2012 14:00:06 +0000

As a mediator who handles a lot of “lemon” law matters, I have mediated many cases in which an alleged violation of the Magnuson-Moss Warranty Act is one of the claims. Last fall, the Ninth Circuit Court of Appeals issued an opinion involving this Act. Recently, it withdrew its opinion in light of the [...]

MEDIATION CONFIDENTIALITY: UPDATE ON AB 2025

Phyllis — Fri, 04 May 2012 22:50:39 +0000

On February 23, 2012, Assembly Bill 2025 (ab_2025_bill_20120223_introduced) was introduced in the California legislature. The intent of the bill was to abolish mediation confidentiality with respect to “… communications between a client and his or her attorney during mediation, in an action for legal malpractice or breach of fiduciary duty or both and in [...]

ITS ALL IN THE DELIVERY

Phyllis — Fri, 27 Apr 2012 14:00:46 +0000

One of the major tools in a mediator’s toolbox is “persuasion.” Either through training, experience and/or intuition, a mediator learns tactics that can be used to “persuade” a party to compromise and settle a dispute. My friend and colleague, Maria Simpson Ph.D., defines “persuasion” as “. . .helping people agree with us through the [...]

TOO HAPPY ???

Phyllis — Fri, 20 Apr 2012 14:00:45 +0000

Science never ceases to amaze me. Now there is a study that finds that being too happy is not a good thing. According to an article in the April 2, 2012 edition of The Washington Post entitled “Too much happiness can make you unhappy, studies show”, one can be less happy by being so [...]

HUMOR

Phyllis — Fri, 13 Apr 2012 14:00:00 +0000

If you have ever mediated a case with me (and most of you have not), you know that I crack jokes, especially in the opening joint session. There is a method to my madness; to take the tension out of the situation and try to put the parties at ease. I also let myself [...]