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Games People Play

by Jan Frankel Schau
July 2009

From Jan Schau's blog.

Jan Frankel Schau

I mediated an interesting case today because the two opposing counsel played poker together with some regularity. What this meant is that they both had a friendly degree of distrust, as well as respect for the other's ability to bluff, on the one hand, and to win on the other. I often see and even describe the negotiation process in a mediation as a game (usually of chess, implying strategic moves in anticipation of reciprocal moves designed to bring the opposing party to where the other wants them to be), but rarely do I overtly reference the bluffing that takes place in poker. Yet it is so apt! Consider the risk taker, the card counter, the one who is too obviously risk-adverse, or fearful of losing it all. These are frequently prototypical personalities represented in a mediation. So it was with much amusement that these two gentleman deftly conveyed their positions to me and then to one another and back and forth until they were fully engaged in the process--leaving with plans for more when additional parties (presumably not represented by part of their poker group) return to the table! There is much to be learned from excellent poker players, but when two of them meet--it's probably best to grab a beer and let it unfold! Happy 4th of July!

Biography


Attorney Jan Frankel Schau is a highly skilled neutral, engaged in full-time dispute resolution. Following a successful career spanning two decades in litigation, she has mediated over 700 cases for satisfied clients. Ms. Schau understands the nuances of trial and settlement practice as well as client relations and balancing the needs of their representatives with the risk and expenses of trial. Those who have used Ms. Schau’s services recognize excellence in her persistence, optimism, creativity and integrity.

Ms. Schau was the President of the Southern California Mediation Association in 2007 and is recognized as among the most outstanding mediators in Southern California in the mediation of civil disputes by her peers and clients. She also serves as a Trustee of the Board of Directors of the San Fernando Valley Bar Association, and has presided as Chair of it’s Alternative Dispute Resolution Section and Litigation Section. She holds a Certificate of Advanced Skills in Negotiation from the Straus Institute for Dispute Resolution of Pepperdine University as well as from the Western Law Center for Disability Rights at Loyola Law School.



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Website: www.schaumediation.com

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