Segment 1 Joe Markowitz’s Journey
On this edition of the Doug Noll Show, we have with us Joe Markowitz. Joe Markowitz began began practicing in New York City back in the 80's which was a time when what was en vogue was particularly aggressive style of litigation. The idea of that was that if someone sues you or you wanted to sue someone else, your job was not to make their life a picnic, your job was to make their life unpleasant. That was the way to get to resolution. Joe figured out there is a be a better way to get to the point of negotiation resolution. He began getting into mediation in the nineties by attending seminars and volunteering in the courts.
Joe is now a mediator (20 years strong) and also enjoys being a trial lawyer but he believes people are trying to find a better way for the process. It's not that we mediate to avoid trials. The problem with our system is not that we have too many trials. We actually have way too few trials. Our system simply has too much litigation and there must be smarter ways to resolve problems.
Segment 2 Joint Sessions
In this Joint sessions have diminished that there and in this segment, Joe shares with us why he thinks this is the case. A lot of this is the culture people have grown up in and partly because people have had bad experiences in the past. What Joe has to do ask what are they worried about happening in the joint session. Instead of that, let's share information and a have a chance to listen to one another. The value of joint session is direct communication. If people understand the ground work, they can see that mediation is a great tool. Doug finds that the resistance is when the parties don't like each other. People don't have the confidence or courage to be in front of the person they have conflicts with. It seems that people are conflict diverse. There are not a lot of mediators that know how to handle strong emotions.
Also discussed in this segment are the dramatic changes that have affected mediation practices in California.
Segment 3 Mediation Confidentiality
In this segment Joe and Doug discuss Mediation confidentiality and the Millhouse case along with speaking about how mediation skills are applicable in many other professions.
Segment Four Future of Mediation
It's clear that mediation is the trend of the future and the current legal system needs to be streamlined and reformed. This is further discussed in this segment of the Doug Noll Show.
Segment 4 Future of Mediation
It's clear that mediation is the trend of the future and the current legal system needs to be streamlined and reformed. This is further discussed in this segment of the Doug Noll Show.
To listen to this great show with Joe Markowitz, click http://wsradio.com/043015-mediation-confidentiality-and-the-millhouse-case-pending-the-9th-circuit-joe-markowitz/ now.