PGP Mediation

EXPECT THE UNEXPECTED

Phyllis — Fri, 03 Feb 2012 14:00:27 +0000

One of the more memorable movie lines is from Forrest Gump (1994) when Gump comments “My momma always said, “Life was like a box of chocolates. You never know what you’re gonna to get.” ” Mediations are like that, too; as a mediator, I never know what to expect. I say this because I [...]

TATTOOS

Phyllis — Fri, 27 Jan 2012 14:00:17 +0000

The January 2012 issue of the California Lawyer contains an article about tattoos in court. As the blurb intrigued me, I read the article, entitled “Tattoos as Evidence” by Ryan Lozar (pp 37-39) (Tattoos as Evidence ) in which the author discusses the existence of a tattoo on a criminal defendant as potentially biasing a [...]

ATTENDING BY TELEPHONE

Phyllis — Fri, 20 Jan 2012 14:00:27 +0000

Although the general consensus among neutrals is that the parties to a dispute should attend the mediation in person, at the same time, I have successfully mediated disputes in which one or more or all involved have attended by telephone. Indeed, I have conducted several mediations solely via telephone with success: the cases settled. Yet, [...]

MEDIATION IS A MINDSET

Phyllis — Fri, 13 Jan 2012 14:00:51 +0000

What makes or breaks a successful mediation? Your mindset; that is, how you approach it. Like athletes before an event, one must “visualize” the process of mediation and its successful outcome. Create a mental (if not actual) checklist of the pertinent facts and issues and think about alternative ways to resolve each issue. Become [...]

Try Something New for 2012: Trust

Phyllis — Fri, 06 Jan 2012 14:00:33 +0000

First and foremost, I want to wish each of you a very healthy, happy, prosperous and peaceful New Year. To obtain that peace and a peaceful resolution to all of your disputes, may I suggest something different and oxymoronic: trust. That is right, “trust”. Why? Because, a lot of disputes (and lawsuits) arise because the parties no [...]