Published Articles / Teaching
85th Annual California State Bar Conference, October 2012: Presentation with William Pownell of Advanced Negotiating Skills that Every Lawyer Should Know
Leveling the Playing Field: Why Insurance Claims Adjusters are Not the Enemy
Helpful advice for cases involving insurance, published in The Daily Journal, October 3, 2011. (For an easier to read PDF version of the article, please click here)
Will Porter v Wyner and Cassell Change Mediation Forever?
The first in a series of two articles about mediation confidentiality, published in The Daily Journal, April 23, 2010. Click here for an easier reading copy.
New Cases Suggest 'Wimsatt Warnings' Are a Better Practice
The last in a series of two articles about mediation confidentiality, published in the Daily Journal, April 26, 2010. Click here for an easier reading copy.
Responding to "The Nibble" in a Wage & Hour Context
Published in The Daily Journal, March 26, 2010. Click here for an easier reading copy
Something You Should Know: The Trust Game: One in a Series of Observations derived from Academia
Published in The Daily Journal, March 25, 2010. Click here for an easier reading copy.
Recognizing Emotional Demons for a More Effective Negotiation
Published in Cal.State Bar LPMT's "The Bottom Line", December 2008
Recognizing The Real Demon:a discussion of splitting & projective identification
Published in The Advocate, October 2008
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.
Hillary Rodham Clinton grading one of Max's articles....
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 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 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 2004Written 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?
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Guest Lecturer, Adjunct Professor or Panelist:
Faculty, Straus Institute for Dispute Resolution: Taught "Mediating the Litigated Case" - highly regarded, intensive course for attorneys and graduate students from all over the country: 2010, 2011 & 2012 Orange County and Malibu campuses.
Adjunct Professor, Straus Institute for Dispute Resolution, Pepperdine University: The Mediation Clinic, a required course. 2006-present.
Los Angeles Superior Court ADR Training: 2008, 09, 10, 11, 12 Panellist & Presenter for Mediation and Early Neutral Evaluation Programs
American Bar Association's Dispute Resolution Annual Conferences, 2011 and 2012
International Academy of Mediators Conference:
May 2008: Panellist - "Emerging Ethical Issues: Are Mediations Really Confidential?"
October 2007: Moderator, Panel Presentation on: 'Fear, Anger & Risk in Mediation'.
November 2005: Panellist - "Beyond Yes: An Exploration of the Mind and Decision-Making".
Los Angeles County Bar Association: Downtown Los Angeles: Litigation Inn of Court: President: 2008-09
Case Western Reserve University School of Law, Distinguished Visitor Lecture, September 2007: "On Understanding the Effects of Fear and Anger on Negotiating Outcomes".
Moderator, International Academy of Mediators,
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 InterestsFederal 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.
Golf, Hiking, Contemporary Art, Drama and Contemporary Dance