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Mediator Resume

Phyllis Pollack, Esq.

Phyllis Pollack, Esq.

Current Employer-Title

USC Gould School of Law - Lecturer in Law, ADR Ethics PGP Mediation - Sole Practitioner

Work History

Lecturer in Law, ADR Ethics and Online Employment Dispute Mediation, USC Gould School of Law, 2018 - Present; Sole Practitioner, PGP Mediation, 2000 - Present; Neutral, Agency for Dispute Resolution, 2013 - 2018; Law Office of Phyllis G. Pollack, 1994 - 2015; Attorney, Billet & Kaplan, Los Angeles (formerly Collison & Kaplan), 1993 - 1994; Attorney, Collison & Kaplan, 1990 - 1993; Office of the General Counsel, Sanwa Bank California, 1987 - 1990; Attorney, Burkley, Moore, Greenberg & Lyman, 1985 - 1987; Attorney, Murchison & Cumming, 1981 - 1985.

Mediator Experience

Practice has involved consumer matters under the Song Beverly Consumer Warranty Act, Magnuson Moss Warranty Act, Fair Credit Reporting Act, The Rosenthal Fair Debt Collection Practices Act, and the Automobile Sales Finance Act. Also mediated matters involving landlord-tenant issues, wage and hour issues, employment discrimination issues, breach of contract issues such as debt collection, trademark and copyright issues, American’s with Disabilities Act issues, and insurance subrogation issues.

Representative Issues Handled as a Mediator

In the consumer area, many of the issues involved new and used automobiles and recreational vehicles that allegedly were not operating as warranted. In the credit area, issues centered on alleged false credit reporting and/or other violations of the federal and state statutes involved. Landlord-tenant matters often involved rent that was due, while wage and hour cases involved alleged violations under the Labor Code. Trademark and copyright cases involved alleged counterfeiting or misuse/infringement of trademarks and copyrights. Americans with Disabilities Act cases involved businesses that allegedly were not in compliance with this Act. Also handled simple debt collection matters in which one party alleges that another owes money.

Mediator Style & Process Preferences

I attempt to assist each party to gain an understanding of the needs, interests, and goals of each party and assist them in looking at all of the information they need to make their decisions. I assist the parties in reaching a mutually satisfactory resolution. I do not make the decision but merely facilitate the process of cooperative problem solving among the parties. The only requirement is that each party has an open mind and is willing to truly listen to what the other parties have to say. As may be necessary and at the request of a party - I may become evaluative after the mediation has progressed for a while.

Education

Tulane University School of Law (J.D. - 1977); Newcomb College of the Tulane University (B.A., Sociology - 1973).

Professional Licenses

Admitted to the Bar: California (1980), Louisiana (1977); United States District Court: all Districts of California, Eastern District of Louisiana; United States Court of Appeals: Ninth Circuit, Fifth Circuit; United States Court of International Trade United States Court of Federal Claims.

Professional Associations

California Lawyers Association (ADR Sub-Committee of the Litigation Section); District of Columbia Bar Association; Louisiana State Bar Association; Dispute Resolution Section American Bar Association; Dispute Resolution Section Louisiana State Bar; United States District Court, Central District of California Settlement Officer Panel; First Appellate District, California Court of Appeals (San Francisco, Ca) Mediation Panel (2005 - 2012 Panel was disbanded); Second Appellate District, California Court of Appeal (Los Angeles, CA) Mediation Panel 2005-Present; Los Angeles County Superior Court Mediation Panel (2000-2012 when it disbanded and now the Court's MVP Panel- 2024 to present); Southern California Mediation Association (2005 - Present); Los Angeles County Bar Association-member (more than 20 years). Is also a member of the National Academy of Distinguished Neutrals.

Recent Publications & Speaking Engagements

Over the last few years, have given numerous presentations on the Essentials of Mediation Ethics to the Beverly Hills Bar Association, Orange County Bar Association, Southern California Mediation Association and other organizations. Have also given presentations on other topics as well such as the ethical issues involved in mediators drafting settlement agreements. Presentation of mediation confidentiality as part of a 40-hour training class conducted by Clare Fowler, mediate.com (May 2018, January 2019). Also presented in an online- divorce mediation conference put on by Ms. Fowler in May 2024 in which the ethical issues in online dispute mediation were discussed, a topic presented on elsewhere as well. Presentation on mediation confidentiality and on Attorney Mediation Ethics as part of a 40-hour training class sponsored by the LA County Bar Association (January 2019). Guest speaker on mediation confidentiality in the classes of Dr. Jack Goetz and Professor Lisa Klerman at USC Gould School of Law (2017-Present). Assisted Professor Lisa Klerman as a mediation coach in a mediation clinic class which entails attending the class 2-3 times a year to supervise some of the students while they conduct a mock mediation. These students have also, at times, shadowed mediations. Co-mediated with students in Americans with Disability Act (ADA) cases filed in U.S. District Court - Central District of California. (~2008-Present). Participated as a mediator in a first year Civil Procedure class at the USC Gould School of Law in which the students participate in a mediation, taking the roles of counsel and client to learn about mediation. Professor Lisa Klerman coordinates the program with Professor Daniel Klerman who teaches the Civil Procedure class. (2016-Present) In connection with the State Bar of California Annual Conference, acted as the mediator on a mock mediation panel with a script used as a teaching tool concerning various issues that may arise during mediation such as preparation (or lack thereof) and ethics. This panel was presented at the State Bar Convention in Monterey, CA (2012) San Jose, CA (2013), San Diego (2014) Anaheim, CA (2015) and San Diego (2016). Participated on a panel discussing implicit bias at the California State Bar Convention in San Jose, CA (2013). Participated on a panel discussing implicit bias during a conference put on by Dentons, an international law firm, in Beverly Hills, CA (January 2014). During mediation week, presented with Daniel Ben Zvi a one-hour discussion of ethics before, during and after mediation sponsored by the Southern California Mediation Association which was held at the Los Angeles County Law Library, Los Angeles, CA(March 25, 2015). Participated on a three-hour panel with Mary Culbert, a professor at Loyola Law School discussing Mediation Confidentiality sponsored by the Southern California Mediation Association held at Loyola Law School, Los Angeles, CA (February 28, 2015). Participated on a panel with Jan Schau at a U.S. District Court- Central District of California training program on the topic of mediation confidentiality at the U.S. Courthouse, Roybal Building, Los Angeles, CA (April 30, 2015). Participated on a 90-minute panel at the California State Bar Convention with Mary Culbert, a professor at Loyola Law School, on mediation confidentiality entitled “Strict Mediation Confidentiality? Not So Fast!” (October 8, 2015). Participated in SCMA’s mentoring program by having those participants in the program observe or shadow mediations (2017-Present).Participated on a panel at USC’s First Annual ADR Symposium entitled “Ethical Issues Surrounding Mediation Confidentiality” (April 2016). Participated on a panel at the California State Bar Convention entitled “Ethical Issues Surrounding Mediation Confidentiality” (September 30, 2016).

Compensation

Hourly Rate: $500.00 Daily Rate: Not provided Study Rate: $500.00/hr Cancellation: $500.00/hr Cancellation Period: 10 Days Comment: Rates are flexible and negotiable depending on the amount involved, e.g. for lemon law cases, typically charge $375.00/ hour. For "block" lemon law mediations - will charge $3200 for an 8 hour day.

Languages

English

Citizenship

United States of America

Locale

Los Angeles, California