Mediating Virtually: For Virtually Everyone
Apr 30, 2020
If you are one of the many who have tried virtual dispute resolution, then you no doubt recognize its primary benefit--eliminating the need to travel to an office. But perhaps this format is new to yo...
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California Mediation --The Terminator
Oct 31, 2019
Confidentiality is one of the hallmarks of mediation in California. But when does a mediation end such that communications may no longer be confidential? California Evidence Code §1125 provides, in pe...
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The Mediator's Proposal- A Useful Settlement Tool
Apr 05, 2019
A mediator’s proposal is best described as settlement terms presented by the mediator to parties that have reached an impasse in their settlement negotiations. The Proposal Should Not Invite a Counter...
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New Law Effective January 1, 2019: Informed Consent To Mediation
Nov 05, 2018
While mediation-related communications have long been confidential pursuant to Evidence Code §§ 1115-1128, the Legislature has enacted a new law to address a concern that clients may not understand. N...
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Arbitration of Insurance Disputes
Jul 12, 2018
It is now commonplace to find an arbitration clause in a wide variety of contracts. Many consumer contracts now contain arbitration clauses. Contracts Many consumer contracts now contain arbitration c...
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Preparing For a Successful Mediation
Apr 27, 2018
Mediation is a process. That process begins well before the day of the mediation. Unfortunately, all too often, inadequate preparation means that the mediation may be headed for failure. But there are...
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Early Mediation: Eliminating the Risk of a Prevailing Party Attorney Fee Award
Feb 09, 2018
You’ve heard it before--the mediator cautions you that litigation will be very expensive. But you already knew that and advise the mediator that the litigation will also be expensive for the other sid...
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Negotiations Have Stalled? Ten Tools For Success
Nov 13, 2017
Mediation is more often than not a negotiation about money. Of course, non-monetary issues may also be involved. But all too often, back and forth negotiation over money ("positional bargaining") reac...
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To Litigate in Court or Arbitrate-That is the Question!
Aug 11, 2017
It is now commonplace to find an arbitration clause in a wide variety of contracts or agreements. Many consumer contracts now contain arbitration clauses. Many consumer contracts now contain arbitrati...
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Building a Bridge Over Troubled Water
May 24, 2017
In many ways, the process of mediation incorporates several of the same elements as a musical composition. Think about these key aspects of a musical composition as important elements of any mediation...
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