Jay Folberg is Professor and Dean Emeritus at the University of San Francisco School of Law. He is coauthor of Resolving Disputes, Theory, Practice and Law 3rd Ed., Aspen Publishers (2016), as well as other books on ADR. Dean Folberg is a mediator with JAMS and served as Executive Director of the JAMS Institute from 2003 - 2015.
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Mediating Family Property and Estate Conflicts: Keeping the Peace and Preserving Family Wealth
Of all of the cases I have mediated over the past 30 years, the most challenging and rewarding disputes have been those between family members over family property, estates, trusts and businesses.
Interview with Jay Folberg
This is the complete interview by Robert Benjamin with Jay Folberg filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
The Shrinking Joint Session: Survey Results
As mediation has proliferated and become part of our legal culture, how mediations are conducted has diversified. Although there is no “standard” process of mediation, there has previously been little empirical evidence to inform us of what is really happening behind closed mediation doors.
Pioneer Series: Field Combined Law and Social Work - Video
Jay Folberg describes early on in the field when he, as a lawyer, collaborated with psychologists and social workers and they learned from each other.
Jay Folberg: Institutionalization Brings Loss of Vitality - Video
Jay Folberg discusses that with institutionalization, the field is becoming more focused on practicing a profession and trying to become more lucrative instead of how it was - a more creative social movement.
Jay Folberg: Let Clients Decide - Video
Jay Folberg talks about a client-centered approach where the parties (and lawyers) should choose the kind of process and style they want in a mediation.
Jay Folberg: Approaches Differ - Video
Jay Folberg explains how different professionals practice mediation differently, depending on their backgrounds. As a lawyer, he brings more legal knowledge to the parties.
Jay Folberg: Oregon Allowing Lawyers to Mediate - Video
Jay Folberg discusses the rough process of getting the state of Oregon to rewrite its ethical standards so that lawyers could practice mediation.
Jay Folberg: Negotiation Skillset Observed from PawnBroker Father - Video
Jay Folberg tells of observing his pawn broker father as he bargained with customers. He claims the key to his father's success was figuring out what people's needs were and how to then meet those needs.
Jay Folberg: Field Emerges from Ineffectiveness of Legal Process - Video
Jay Folberg describes his start in the field, which came from himself and others trying to resolve conflicts and divorces between people who could not afford legal assistance.
Jay Folberg: Mediating Failed Negotiation - Video
Jay Folberg explains how he mostly mediates failed negotiations. He sees mediation as a laboratory for finding out why the negotiation failed and how it can be improved so the parties can have their needs met.
Jay Folberg: Professionals, not Clients, complain about territories - Video
Jay Folberg explains that all the complaints that he has heard about mediation have not come from the general public, but from professionals who are concerned about lines being crossed into other professions with the practice.
Jay Folberg: Evolution of Professionals in Field - Video
Jay Folberg observes the evolution of the kinds of professionals who practice in the field from when it started to the present.
Negotiation Lessons from the Pawnshop
My resume is loaded with Alternative Dispute Resolution credentials: law school professor and then a dean; teaching negotiation and mediation for decades on several continents; writing books and dozens of articles; negotiating and mediating lawsuits with up to eight-figure payouts; and serving on umpteen advisory boards and “blue ribbon” commissions. But my resume is not the reason you should follow my advice about negotiation. The reason you should pay attention to what I have to say is that I am the son of a pawnbroker.
Memories of Sid Lezak
Sid Lezak, the longest serving U.S. Attorney in Oregon's history (originally appointed by President Kennedy), dedicated the last 25 years of his career to furthering mediation. Sid died on April 24, 2006 at the age of 80. Sid is widely regarded as the "godfather" of mediation in Oregon. Sid was the first Chair of the Oregon Dispute Resolution Commission and a fellow in the International Academy of Mediators. In this article, Jay Folberg, Professor Emeritus and former Dean of the University of San Francisco Law School, shares his memories of Sid Lezak. In addition Jay Folberg's article, you can read more and watch a recent interview of Sid by clicking here.