Myer Sankary

Mr. Sankary is the principal owner of Advanced Mediation Services and provides NEW and EFFECTIVE methods of MANAGING CONFLICT.

Since 2007, Mr. Sankary has been on the distinguished panel of mediators at ADR Services, Inc. in Century City, headed by Lucie Baron. Read more here

See www.ADRServices.org.

MANAGING CONFLICT is a dynamic and systematic approach for individuals, businesses, and organizations to increase value by reducing the costs of conflict. Unresolved conflicts often spiral out of control and inflict irreparable financial and emotional harm to the parties and their relationships. Mr. Sankary draws on his 44 years of legal experience in diverse areas of litigation, corporate, business, probate and estates, as well as his training, experience and skills in negotiations to bring about resolution of disputes where the parties often achieve maximum satisfaction of their interests beyond their expectations. Ways in which services are provided:

• 
  Traditional Mediator and Arbitrator of disputes already in litigation,
• Neutral Facilitator of disputes before the parties invest in litigation
• Advisor and consultant to parties about managing specific disputes before they spiral out of control,
• Representing parties in mediation proceedings
• Designer of Conflict Management Systems to reduce costs of conflict for organizations

Mr. Sankary has practiced as a litigator and transactional attorney for over 44 years in areas of law which include the following: corporate and business transactions and disputes, contracts, including U.C.C., probate, wills, trusts, conservatorships, family law, real estate, construction disputes, employment law, including discrimination, intellectual property matters, trade secrets, and a variety of tort actions including personal injury, premise liability, and product liability.

Mr. Sankary is Director of the Southern California Mediation Association.

Mr. Sankary is active in numerous civic organizations, including the American Friends of the Oasis of Peace (Neve Shalom/Wahat Al Salam), the only community in Israel where Arabs and Jews have lived together peacefully for over 25 years. He is the founder and director of the Middle East Peace Network, a non-profit corporation which supports conflict resolution, peace and democracy in the Middle East. Visit www.peacenetwork.org. He is past Chairman of the Solo and Small Firm Practice Section of the State Bar of California. He has an A.V. rating in Martindale & Hubbell.

ADR Experience

Mr. Sankary’s career in ADR is extensive, starting with family law mediation as early as 1985. Based upon his research, training and experience, Mr. Sankary is particularly astute in assisting attorneys and their clients in the negotiating process during mediation and is sensitive to cross-cultural and personality issues which may affect the attitudes of parties in the dispute.

• 
  Mediator/Arbitrator, Los Angeles Superior Court and Probate Court Panel of Mediators Mediator,
• San Fernando Valley Bar Representative to the Los Angeles Superior Court ADR Committee,
• San Fernando Valley Bar Association Court Preferred Panel of Mediators & Mentors Arbitrator,
• Kaiser Permanente Arbitration Panel

Professional Affiliations

President, Southern California Mediation Association; Chairman of San Fernando Valley Bar Association Mandatory Fee Arbitration committee; member of State Bar Mandatory Fee Arbitration Committee, former member ADR Committee of State Bar of California, Dispute Resolution Services, Member of Probate and Estate Sections of Los Angeles County Bar and State Bar of California, former member L.A. Consumer Lawyers Association, Los Angeles County Bar Association; San Fernando Valley Bar Association; and member of State Bar of California (since 1966). Former Chairman of the Solo and Small Firm Section of the State Bar of California. Founding member of non-profit organization for mediating elder adult issues - Adult Resolution and Mediation Services. Trained by ARMS at first program focusing on elder adult issues.

Background and Experience

• 
  Excellent communication skills, both listening and explaining complex issues
• Trained in the science of influence by internationally recognized social scientist, Dr. Robert Cialdini of Arizona State
• Empathy, patience, understanding, and sensitivity to personal and emotional issues – these are qualities by which Mr. Sankary gains the trust of the parties
• Negotiating skills, based upon current research and application of advanced theories developed in universities and used by highly successful negotiators
• Experience and knowledge of substance and procedures in business and legal matters
• Creative problem solving and brainstorming techniques – offering sound solutions to perplexing disputes using interpersonal skills to gain acceptance
• Serves as court appointed independent conservator and trustee in cases of conflict

• 
  Pepperdine Law School Mediating the Litigated Case, Straus Institute,
• Pepperdine Law School Mediation Masters Forum, Straus Institute,
• Pepperdine Law School, Negotiating Techniques in Mediation, Professor Randy Lowry
• Civil and Probate Mediation Training, by James C. Melamed , J. D., Mediation Center, Inc,
• Mediation Workshop at School For Peace, at Latrun, Israel
• Difficult Parties and Cross-cultural Issues in Mediation Cases, State Bar of California

Mediation Training Courses Given by Mr. Sankary include:

• 
  University of Southern California, Marshall Graduate School of Business, Negotiation Strategies
• U.S. Department of Justice, Southern District of California, Use of Mediation;
• Mediating the Probate Dispute, San Fernando Valley Bar
• Lecturer, State Bar of California, and author of “Mediation-How To Negotiate the Best Deal for Your Client”
• Trained as Online Mediator with Onlineresolution.com
  

• 
  Straus Institute, Pepperdine Law School, Malibu,Dipute Resolution Training programs 1996 to present
• Harvard Law School, J.D., Cambridge, Mass., 1965, [Admitted in State Bar of California in 1966]
• Texas Christian University, BA, Philosophy and Metaphysics, Ft. worth, Texas, 1962 [summa cum laude]

The American Bar Association General, Solo & Small Firm Section awared Myer Sankary the 2002 Donald Rikli Lifetime Achievement Award for outstanding services rendered on behalf of lawyers in California and the nation. Mr. Sankary has provided extensive services to the legal profession as Chairman of the Executive Committee of the Solo & Small Firm Section of the State Bar of California, and has been responsible for promoting extensive educational programs as well as a web based Mentor Directory which assists attorneys to provide better services under the auspices of an experienced mentor.

The award was presented to Mr. Sankary in Washington D.C

Why Mediation Works – A Better Way to Settle Disputes

The following is an outline to help you learn about how mediation procedures and techniques can help you, your family, or friends settle contentious disputes with less cost and emotion. Ninety-five percent of all court cases are now referred to mediation before trial, and most of those cases are settled. Why have the courts adopted this method of settling cases? Because it works.

Five common approaches to dispute resolution:

1. Avoidance
2. Direct Negotiation
3. Arbitration
4. Litigation
5. Mediation

What is mediation and how does it differ from arbitration?

1. Key features that distinguish mediation are the following:
   
   
   1. It is a facilitated negotiation by a trained impartial neutral;
   2. Mediation is nonbinding unless the parties enter into a written agreement to become bound to a settlement of their dispute. No judgment is imposed upon the parties.
   3. Parties in dispute do not need attorneys to represent them in mediation – the same in arbitration.
      
      
2. Mediation differs from arbitration in the following ways:
   
   
   1. Arbitration is usually binding – (substitute for a trial or judge) – the arbitrator makes a final and binding decision which can be enforced in court;
   2. In mediation, the mediator frequently gives no opinion about the merits of the case, and if he does, his opinion is not binding. Unless the parties agree in writing to the terms of a settlement, the dispute will continue in court until final judgment.
   3. The arbitrator hears the evidence in a similar manner as a judge – but the rules of evidence are not as strictly applied as in court. Process is like a trial, each party presents evidence (documents and witnesses) to support their case. The arbitrator weighs the evidence and decides which version of the facts he believes. The Arbitrator is judgmental. He is supposed to apply the applicable to the facts and state how the dispute is to be resolved. The decision is imposed upon the participants. There is generally no appeal from an arbitrator’s decision, even if it is unfair, unjust and not based on law or fact. Arbitration can be very arbitrary.
   4. A good outcome in arbitration, like in trial, is to win! Put another way, a good outcome is a loss for the other party. There is no concern about the continuing relationship between the parties. There is no attempt to fashion a fair result, based upon the needs and interests of the parties. Winning is everything!!!
   5. A good outcome in mediation is for each participant to achieve a fair acceptable solution, regardless how the law might govern the outcome. The outcome is not forced upon them. Preserving relationships may be a high priority. The parties will seek a creative solution to the problem. There are no winners! But there are no losers. Everyone seeks to satisfy basic needs, interests and wants, and are willing to compromise to achieve this result. A good objective is to reduce the cost of the conflict and to put the dispute behind them. The process is strategic negotiations.
   6. In arbitration, testimony is under oath, and the results are not confidential. In mediation, no testimony under oath is required. All statements and procedures in the mediation process are confidential and cannot be used in any other proceeding.

What are the benefits of Mediation?

1. Success – most cases are successfully resolved.
2. Timely – disputes can be resolved more quickly through mediation than through litigation.
3. Affordable – Mediation costs only a fraction of typical litigation expenses.
4. Private and Confidential– Mediated disputes are settled without a judge, jury or media display. All statements are confidential.
5. Reduced Stress – Mediation eliminates courtroom trauma and risk of uncertainty. The mediator can create a calm, rational environment that is conducive to resolution of disputes.

Why mediation is so effective for resolving conflicts The mediation process overcomes the 4 major barriers to a negotiated agreement:

1. Overcomes the strategic barrier
2. Overcomes the principal – agent barrier
3. Overcomes the emotional barrier
4. Overcomes the phenomena of reactive devaluation
5. The process permits an impartial mediator to control the pace and style of the negotiations – and to shape reasonable expectations
6. The mediator can frame the issues so that each party can see the result as a winning proposition for their side – rather than a loss
7. Allows for exploring options and finding creative solutions

What types of disputes can be settled by mediation? Almost any type of dispute or conflict can be resolved by the mediation process:

1. Family disputes – concerning estates, wills and inheritances
2. Divorce and termination of marriage
3. All civil litigation matters
   1. Personal injury
   2. Business contracts
   3. Real estate – purchase agreements
   4. Construction contracts
   5. Employment disputes
   6. Environmental disputes
   7. Neighborhood disputes
   8. Schools and Universities
   9. Even some criminal disputes can now be better resolved through mediation
   10. Appellate cases
   11. Civil unrest – 1996 Democratic Convention in LA – use of mediators
   12. Hostage negotiations
   13. National conflicts between disputing groups

When should you consider going to mediation? The earlier a dispute can be recognized and dealt with, the more likely it will be resolved. Today, many companies have implemented Conflict Management Systems which deal with all conflicts throughout their business environment, both internally and externally. If the dispute has reached the point where lawyers are engaged, early mediation can save parties substantial legal fees. In litigated matters, many attorneys try mediation before onslought of discovery which will burden the dispute with substantial costs. Sometimes lawyers wait until all discovery is completed and all legal issues are sorted out, and will mediate the day before trial. How to get the other side to participate in the mediation? Find a qualified mediator who can contact the other party to convene a mediation. The mediator will explain the process and invite the parties to participate. What type of mediator should you select? There are many types of mediators – from judges, practicing lawyers and many nonlawyers. Find a mediator who has substantial training and experience. Judges are judgmental – this may be appropriate in some cases, but there are serious problems with judges. Costs are significantly higher. Judges sometimes do not have good interpersonal skills which can offend and alienate parties. Lawyers who have good client skills have adapted well to the mediation process. Nonlawyers may be helpful when the dispute is not heavily based on legal issues and expertise in the field is important – such as a contractor or architect mediator for construction disputes, or an accountant mediator for financial dispute. Ask for references – talk to the mediator – ask what is the mediator’s style – judgmental and evaluative, or facilitative? Valuable tips about how to improve your negotiation skills.

1. Have a realistic plan and strategy to reach your objective
2. Understand distributive bargaining vs. integrative bargaining
3. Understand collaborative negotiations vs. competitive negotiations.
4. The same approach does not work in every situations – size up the other side and apply the strategy that works in the specific context

How to achieve success in mediation

1. Have a plan and strategy
2. Pick the right mediator and talk with him about the mediation
3. Prepare a written outline of the dispute (what lawyers call a brief)
4. Consider in advance what possible solutions might there be to this problem
5. Consider which solutions are best for your interest
6. Consider what are realistic solutions for the other parties
7. If the dispute is about money, be prepared to with the following
   
   
   1. Learn the language of negotiations – how to communicate to achieve your objectives without creating a hostile adversary. While discussing your differences about perception of the facts, be careful about using language that tends to increase emotions. More importantly, avoid language that attacks and demeans your opponent’s “identity.” Comments that indirectly accuse the other party of lying, cheating, or defrauding – in short, that they are untrustworthy - undermines the negotiation environment
   2. Consider carefully what your opening number should be – it should fair and reasonable, not insulting. It should be higher than your reserve number.
   3. Have a “reserve number” – the number which you would like to have as a good outcome
   4. Know how to make counterproposals – how much each concession should be
   5. Determine your last acceptable number – ascertain from the mediator what the other party should be willing to pay or accept
   6. Determine your BATNA – your walk away alternative g. Don’t emphasize a “bottom line” but talk about a “fair and reasonable” number that needs to be achieved as acceptable to both sides.
   7. When the other side gives you a final walk away number, use the process called “Smart Choice” to analyze whether you are making a smart decision – not a perfect decision. Use a decision tree analysis to project what is a good range of outcomes, one of which should be accepted. Consider your tolerance for risk of loss if you don’t accept the offer.
   8. Consider the costs, not only in expenditure of money, but also in terms of your emotions, energy, loss of productive time in other ventures.
   9. Always keep the door open even if you reach an impasse. Don’t be afraid to return to the negotiating table to continue to work through the obstacles. Sometimes the best deal that can be achieved comes at the eleventh hour, but know when you have obtained the best deal and don’t lose the opportunity to make the deal.
8. Finally, in preparation for your mediation, one should consider the answers to the following seven questions:
   1. What are the strengths of your case?
   2. What are the weaknesses of your case?
   3. What are the strengths of your opponent's case?
   4. What are the weaknesses of your opponent's case?
   5. What do you think the opposing side is willing to do at the end of the day?
   6. What will happen if you and your opponent fail to reach an agreement? What will the real costs be to you in terms of legal fees, expenses, loss of time, and affect on your health and happiness?
   7. What do you regard as a fair settlement in light of all the information available to you and your opponent?

The above suggestions and insights are based upon Mr. Sankary’s experience of over 42 years as a practicing lawyer in negotiating transactions, settling lawsuits for hundreds of clients, and serving as mediator in over 1000 disputes. We hope this information will be helpful in choosing how you decide to resolve any dispute in which you may find yourself. Please feel free to contact Mr. Sankary to seek his assistance with any dispute that you may be confronting. Call 818-231-2965 or email [email protected] .