Individuals commit the sunk cost fallacy when they continue a behavior or endeavor as a result of previously invested resources (time, money or effort). Arkes & Blumer, 1985. Thus the CLRC has decided to press forward with its proposal to eliminate mediation confidentiality in legal malpractice cases despite opposition it’s staff characterized as “overwhelming.”
Author Archive for: Phyllis Pollack
About Phyllis Pollack
After more than 13 years providing mediation services, Phyllis has the ability to bring the strengths and weaknesses of both parties' cases to light, helping pave the way to resolution. While she will not offer her opinion on the conflict, she is proactive in helping clients reach an agreement by offering a generous dose of reality. This approach is particularly useful when the process has stalled due to unrealistic expectation, a failure to focus on needs rather than demands, or when one or more parties need to be reminded of the potential consequences of their failure to reach an agreement. Phyllis graduated Tulane University School of Law in 1977 and moved to California in 1980, at which time she took and passed the bar. Between 1980- 2005 she was a practicing attorney engaged in all types of litigation. Commencing in 2005, she transitioned to becoming a full time neutral and has conducted over 1200 mediations.
865 S. Figueroa Street, Suite 1388
Los Angeles, CA 90017
Entries by Phyllis Pollack
On June 22, 2017, the California Law Revision Commission issued its Tentative Recommendation following its study to create an exception to mediation confidentiality (Study K-402). All public comments are due by September 1, 2017. The Tentative Recommendation would be set forth in a new California Evidence Code Section 1120.5 that would allow the discovery and admission […]
Sometimes, we are our own worst enemy. We do this by focusing on our weaknesses and conceding issues before we even begin to negotiate. The little voice in our head tells us not to pursue it even though we do not really know what the other party’s response will be…
“The recent vote by Great Britain to exit the European Union (aka Brexit) is an example of making decisions emotionally and without thoroughly analyzing the consequences…” Phillis Pollack
Neuroscientists have also learned that the brains of individuals experiencing the same event react differently…
…we have all learned the cardinal rule that mediations are confidential both in terms of the statements and other communications made…
I have conducted multiple mediations simultaneously in matters involving the same plaintiff’s counsel and defendant’s counsel…
What to do about Jane?
In his bestselling book, Thinking Fast and Slow, Daniel Kahneman notes that our brain…
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”, […]