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Max Factor III


21355 Pacific Coast Highway
Suite 200
Malibu, CA 90265
Phone: 310 456 3500
Fax: 310 456 3003

ARTICLES

 

Combatting Hardball Tactics

Published in the Daily Journal in December 2007.


Babasa v LensCrafters Alerts Attorneys to a Lurking Mediation Noose

Confidentiality in the mediation process. Published in The Daily Journal on October 12, 2007.


An Angry Negotiator is too often Happy to Strike a Poor Deal
Emotions in the mediation process.  Published by The Daily Journal on August 17, 2007.

Exceptions to Confidentiality.pdf
Recognized Exceptions to Mediation Confidentiality and Remedies that Every Litigator Should Know.  Written with Alice M. Graham and originally published on mediate.com in 2005

What "The Practice" could learn from "ER": Lessons from the Harvard Medical School Keynote Address, June 2005
Published in The Daily Journal: Alternative Dispute Resolution Section: Focus Column on Thursday, August 25, 2005

They Say it's about Dollars, but it's often about Emotion: How to Use Mediation to Restore Business Judgment to Business Disputes
Mediate.com website article, March 2005

Using Mandatory Early Mediation to Protect Clients and Attorneys
The Daily Journal: ADR Section: Focus Column on Thursday, March 25, 2005

 

Six Ways to Defuse Moore-Style Techniques Used in Mediation
The Daily Journal: ADR Section: Focus Column on Thursday, July 22, 2004.  Written shortly after Michael Moore's documentary "Fahrenheit 911" was released.


Making Sure the Rojas Shield Doesn't Become a Weapon: How to Prevent Opposing Counsel from Cloaking Evidence with the Shield of Mediation Confidentiality
The Daily Journal: ADR Section: Focus Column on Thursday, September 20, 2004


Is Duck Hunting for Mediators?
Southern California Mediation Association Newsletter, September 2004
Written after the Justice Scalia debacle, one in a series of articles exploring the ethical dilemmas of mediation participants.


Thirty FAQ’s for California Mediators on Ethical Minefields Involving Business, Construction, Employment and Real Estate Medations.   Questions re: Which Standards of Ethical Practice Govern Mediators’ Conduct
Written and published for the 15th Annual Conference of the Southern California Mediation Association, "Waves of Change", held at Pepperdine's Straus Institute for Dispute Resolution, on November 3, 2003

When Should Public Policy Interests Require that Mediation Confidentiality in California be Subject to Certain Common Sense Exceptions?

* * * * * * *

Guest Lecturer, Adjunct Professor or Panelist:
International Academy of Mediators Conference, May 2008:  Panellist on: "Emerging Ethical Issues: Are Mediations Really Confidential?"

Los Angeles County Bar Association: Downtown Los Angeles: Litigation Inn of Court: Incoming President: 2008

International Academy of Mediators Conference, October 2007: "Excellence in Mediation Advocacy: How to Best Represent Your Client in Mediation", Moderator for a Panel Presentation on: 'Fear, Anger & Risk in Mediation'.   

Case Western Reserve University School of Law, Distinguished Visitor Lecture, September 2007
: "On Understanding the Effects of Fear and Anger on Negotiating Outcomes".
 


Adjunct Professor, Straus Institute for Dispute Resolution, Pepperdine University
2006-present.

Moderator, International Academy of Mediators
, Fall Conference, November 2005: "Beyond Yes: An Exploration of the Mind and Decision-Making". 
 


Conference Chair, Southern California Mediation Association's 17th Annual Interactive Conference
, "The Absolute Mediator", November 2005, Straus Institute

Founder, Beverly HIlls Chamber of Commerce/BH Bar Association
Monthly Lecture Series: "Business Needs 2 Know", on Real Estate, Employment and Insurance.

Business Inn of the Court
, West Los Angeles: Panelist, January, May, 2005.

Los Angeles County Bar Association
, Inn of the Court (downtown L.A): "Successful Techniques You Can Use to Achieve Litigation Objectives through Mediation and Make More Money"  (June, 2004)

Southern California Mediation Association, Roundtable Meeting: "Human Flaws that Interfere with Rational Decision-Making of Mediation Participants and What Mediators Can Do to Restore Rational Decision-Making" (April, 2004)


Southern California Mediation Association
, 15th Annual Interactive Conference: Presented session: "How to Avoid Mediator Malpractice, Build Trust and Resolve Ethical Dilemmas in Business/Consumer, Employment and Real Estate/Construction Defect Disputes" (November 2003) 


California Institute of Technology (CalTech) and Art Center College of Design of Pasadena:
"Proven Negotiating Techniques in Business Environments" (March 2002)


Southern California
Mediation Association, Annual Employment Law Conference: "Building a Successful Mediation Practice" (May 2002)


Family
Foundation Resource Center,"Navigating Conflict in the Family Foundation" (December 2002)


Inn of Court
, Downtown Los Angeles: Panelist and Mentor, "Voir Dire & Opening Statements in Business Litigation", 1999-2000


University of Southern California Law School
(USC)
Adjunct Professor, Commercial Law Seminar: Study of Ambiguities in the Uniform Commercial Code, 1977-78


University
of California at Los Angeles
(UCLA)
Headed Clinical Law Program for Los Angeles City Attorney: Internship Program on Consumer Healthcare & Law Enforcement, 1974 -77


Witness on Behalf of Business/Consumer/Healthcare Interests
Federal Trade Commission
 Re: Magnuson-Moss Warranty Regulations, 1975, 1977.
 Re: Used Car Sales Practices, 1976, 1977.
 Re: Misleading Nutritional Claim, 1978.

California
Little Hoover Commission
 Re: Criminal Prosecution of Operators of Local Skilled Nursing
 and Community Care Facilities, 1976.

California
Division of Medical Quality  Assurance
 Re: Development of Law Enforcement Prosecutions of Physician
 Misconduct, 1976, 1977. California Attorney General Commission Hearings on Fair Trade Laws.  

California
Senate Business and Professions Committee
 Re: Unfair Auto Repair Practices, 1975. 

California
Assembly Agriculture Committee
 Re: Misleading Nutritional Claims, 1974.
  

California
Public Utilities Commission
 Re: "Lifeline" Telephone Service Rates, 1973, 1974, 1977.

 

Interests
Golf, Hiking, Contemporary Art, Drama and Contemporary Dance
 


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