Arbitration

26 10, 2018

Informed Consent in Mediations Taking Place in California

By |2018-10-27T09:33:23+00:00October 26th, 2018|Actual Mediations, Arbitration, Featured Articles, Legislature, Mediation|0 Comments

Informed Consent in Mediations Taking Place in California Originally published in the Daily Journal, September 28, 2018. Download the PDF Version of the Article Here Sometimes parties attend mediation without the proper preparation. If the matter is in litigation, their attorney may not have met with them beforehand to explain the process of mediation [...]

18 08, 2016

Mediation Confidentiality: Where We Stand in 2016

By |2018-10-26T12:18:23+00:00August 18th, 2016|Actual Mediations, Arbitration, Featured Articles, Legislature, Mediation|0 Comments

Where we stand on mediation confidentiality, both in California since the Cassel decision and in the Ninth Circuit Originally published in The Advocate, August 2016 Issue. Download the PDF Version of the Article Here (PDF, 250Kb) Phyllis Pollack. Photograph by Jonah Light During the past year, there have been two interesting developments [...]

29 01, 2016

An Offer to Settle Does Not End the Case!

By |2017-05-13T07:43:35+00:00January 29th, 2016|Actual Mediations, Arbitration, Court Cases|Comments Off on An Offer to Settle Does Not End the Case!

In November 2015, I discussed a Ninth Circuit Court of Appeals decision- Campbell Ewald Company v Gomez, 768 F. 3d 781 (9th Cir. 2014)- in which that court held that where Plaintiff rejects Defendant’s Federal Rule of Civil Procedure Rule 68 Offer of Judgment offering plaintiff all of the relief he requests, the case is [...]

24 05, 2013

The Arbitration Fairness Act of 2013

By |2017-05-13T07:31:58+00:00May 24th, 2013|Arbitration|Comments Off on The Arbitration Fairness Act of 2013

While my alternative dispute resolution focus is generally on mediation, a recent event in the arbitration field caught my attention. On May 7, 2013, Senator Al Franken (MN) introduced S. 878 (http://www.gpo.gov/fdsys/pkg/BILLS-113s878is/pdf/BILLS-113s878is.pdf ) in the Senate while his counterpart Rep. Henry C. "Hank" Johnson, Jr. (Ga-4) introduced H. R. 1844 in the House.(http://thomas.loc.gov/cgi-bin/query/C?c113:./temp/~c1130E0u38) (These identical [...]