American Journal of Mediation ACCTM

Archive of all Volumes > Vol. 8 - 2015

Volume 8 - 2015

The 8^th issue of the Journal continues our tradition of exploring the wide landscape of alternative dispute resolution.

We begin with an excellent piece by American College of Civil Trial Mediators Fellow Gary V. McGowan contrasting comparable procedures in arbitration and litigation – an analysis every litigator entering the arbitration field should appreciate and understand.

ACCTM Fellow Don Philbin joins Randall Kiser in an overview of the relationship of ADR skills to legal decision making which, in turn, serves as an introduction to three intriguing pieces tying legal analysis and tactics to problem solving procedures. Kristine Unanyan recounts how the legal strategies employed by principals in a major toy manufacturer’s lawsuit failed to take advantage of clear opportunities to reach mutually favorable resolutions. Melissa Wai examines the mechanics of decision making procedures in the mediation process, and Devan Larson explores the dangers of heightened emotional factors in resolving employment disputes.

We then round out this issue of the Journal with three student presentations gathered by Distinguished Fellow Mel Rubin in his capacity as an adjunct professor at the University of Miami Law School. Anthony Diblasi , a 2015 graduate, offers us a creative proposal for resolving compensation issues for collegiate athletes through an arbitration procedure. Daniel De Orchis, another 2015 graduate, explores how ADR procedures might be utilized to resolve conflicts between recording artists and their record label sponsors, and Michael Gayed, a 2014 Miami Law graduate, details the creation and operation of a damage mitigation system for the aftermath of the Fukushima Daiichi Nuclear Plant disaster.

We hope our readers find these presentations as enjoyable and thought provoking as the entire ACCTM Journal of Mediation Board. We welcome your thoughts and suggestions and would look forward to any submissions you would care to make for publication.

Lawrence M. Watson Jr., Emeritus
For the Editorial Board

Don't Call It A "Trial" - What Litigators Should Know About Arbitration
GARY V. MCGOWAN, ESQ.
Fellow, Houston, TX

Gary McGowan is the principal in McGowan Arbitration and Dispute Resolution. A former business litigator and founding partner of Susman, Godfrey & McGowan, he has for the past 25 years served as arbitrator and mediator in both national and international disputes involving complex, high-stakes matters.

The Critical Role of Dispute Resolution Skills in Legal Decision Making
DONALD R. PHILBIN, JR., ESQ.
Fellow, San Antonio, TX

Don Philbin was named the 2014 “Lawyer of the Year” for Mediation in San Antonio by Best Lawyers®, was recognized as the 2011 Outstanding Lawyer in Mediation by the San Antonio Business Journal, is one of seven Texas mediators listed in The International Who’s Who of Commercial Mediation, and is listed in Texas Super Lawyers. He is an elected fellow of the International Academy of Mediators, the American Academy of Civil Trial Mediators, and the Texas Academy of Distinguished Neutrals.

RANDALL KISER, M.D.
DecisionSet, Palo Alto, CA

Randall Kiser, Principal Analyst, DecisionSet®, 550 Hamilton Avenue, Suite 100, Palo Alto, CA 94301; email rkiser@decisionset.com. Kiser also teaches legal decision making at Pepperdine University School of Law, University of Washington School of Law and University of Nevada’s Boyd School of Law."

Give Me Back My Toy - Analyzing How Decision-Making Styles Led to Missed Opportunities
KRISTINA UNANYAN, Student
Pepperdine University School of Law
Fellow Sponsor: Donald R. Philbin, Jr., Esq.

Kristina Unanyan is a Juris Doctor Candidate at Pepperdine University, School of Law, pursuing both a certificate in the Straus Institute for Dispute Resolution and the Palmer Center for Entrepreneurship and the Law, as well as serving as the associate editor of the Journal of Business, Law, and Entrepreneurship. Kristina externed for Judge Gelfound, Judge Zacky, and Judge Lyons during the summer of 2013 and is currently a law clerk for in-house legal counsel at Mercury Insurance Company. She earned a Bachelor’s Degree at the University of California, Santa Barbara, double majoring in Communication and Psychology. Kristina would like to thank Professors Don Philbin and Randall Kiser for the interesting and insightful course they taught, which influenced this note, and their guidance and support in publishing it.

Techniques in Mediation - A Closer Look at Decision Analysis
MELISSA WAI, MBA, 2014 Graduate
Pepperdine University School of Law
Fellow Sponsor: Donald R. Philbin, Jr., Esq.

Melissa attended the University of California, Irvine where she received her Bachelor’s of Arts degree in Criminology. While working full-time at PMA Dispute Resolution, she also attended Pepperdine’s Graziadio School of Business and Management to earn her Masters in Business Administration. Melissa recently earned her Certificate in Dispute Resolution from the Pepperdine University School of Law in 2015. With more than five years of experience working in the ADR industry, she is currently a Case Manager at Judicate West in their Santa Ana headquarters.

Cognitive Errors Caused By Emotion In Employment Mediations
DEVAN LARSEN, 2015 Graduate
Pepperdine University School of Law
Fellow Sponsor: Donald R. Philbin, Jr., Esq.

Devan Larsen, originally from Solvang, California, graduated from the Pepperdine University School of Law in May 2015. Prior to attending law school, she graduated from the University of California, Los Angeles, cum laude, with a bachelor’s in psychology. Devan would like to thank Professor Don Philbin for his advice and support in writing this article.

Arbitration - Solving College Football's Compensation Problem
ANTHONY DIBLASI, 2015 Graduate
University of Miami School of Law
Distinguished Fellow Sponsor: Melvin A. Rubin, Esq.

Anthony Diblasi is a 2015 J.D. candidate at the University of Miami School of Law. He earned his Bachelor of Arts in Psychology from Dartmouth College, where he was also a member of the men’s varsity football team. Anthony would like to thank Professor Melvin Rubin and Dean Marni Lennon for their guidance in writing this article. This is his first publication.

Designing Success - Alternative Dispute Resolution Systems Manage Conflict
DANIEL DE ORCHIS, 2015 Graduate
University of Miami School of Law
Distinguished Fellow Sponsor: Melvin A. Rubin, Esq.

Daniel De Orchis is a third-year student at the University of Miami School of Law. Prior to law attending law school, he earned his bachelor’s degree in Business Administration from Boston University’s School of Management. Daniel’s passion for producing hip-hop music and educational backgrounds in business and law inspired him to write this paper on ADR and the mainstream music industry.

Cleaning Fukushima - Designing a Multiparty Stakeholder Damage Mitigation System
MICHAEL GAYED, 2014 Graduate
University of Miami School of Law
Distinguished Fellow Sponsor: Melvin A. Rubin, Esq.

Michael Gayed received his B.S. in Finance from the Richard Stockton College of New Jersey in 2009. Michael went on to obtain his MBA from Florida International University in 2010 and his JD from the University of Miami School of Law in 2014.