TMS Event Details

Event Title: Making Use of the Behavioral Sciences: The practical implications for mediators of behavioral studies of litigant preferences, attorney handicapping and cognitive biases

Event Type: Roundtable


Nixon Peabody
One Embarcadero Center
18th Floor
San Francisco, California 94111
7:45am Breakfast
8 – 9 am program

Presenter: Donna Shestowsky, Mark LeHocky

Date: Wednesday, April 27, 2016

Time: 12:00 AM


Presented by Donna Shestowsky, J.D., Ph.D and Mark LeHocky

Guest speaker will be Professor Donna Shestowsky from the U.C. Davis’ School of Law. Donna’s work encompassing litigant preferences as well as client handicapping errors is both thought-provoking and very relevant.

Based upon his mediation course at UC Davis’ School of Law, Mark LeHocky will lead a roundtable discussion of specific mediator strategies to prepare for and deal with handicapping errors and cognitive filtering by clients and counsel through the mediation process.n
Donna Shestowsky was awarded a J.D. and Ph.D. in Psychology from Stanford University. While at Stanford, she taught courses in legal psychology and established a research lab devoted to the empirical study of juries and dispute resolution processes. During the 2003-2004 academic year she was jointly appointed to the faculty at Northwestern University School of Law and the Kellogg School of Management.

Dr. Shestowsky teaches Criminal Law, Negotiation Strategy, Alternative Dispute Resolution (ADR) and a Seminar in Legal Psychology at the University of California, Davis’ School of Law (King Hall). She also coaches the King Hall Negotiations team, which ranked 1st in the world in the international law student negotiations competition in 2009. She was the 2007 recipient of the Distinguished Teaching Award. Her legal and psychological commentary has appeared in national sources such as CNN, NPR, and the New York Times. She advises courts in the development of court-connected ADR programs and provides negotiation education services to law firms and members of national organizations such as the Practicing Law Institute.

Mark LeHocky is a full time mediator and arbitrator specializing in intellectual property, business tort, technology, contract, commercial, consumer and employment class actions and individual claims. A former complex litigation attorney and the former general counsel to different public companies, Mark also teaches Mediation Advocacy at the University of California, Davis’ School of Law, and serves as the Director of Commercial Arbitration for Judicate West.