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13 03, 2015

What a Strange Mediation This Would Be?

By | 2017-05-13T07:46:10+00:00 March 13th, 2015|Actual Mediations|0 Comments

On February 19, 2015, CBS published the following story. It is so intriguing that I reprint it in full:  An unusual lawsuit in Utah is raising eyebrows among some legal and financial experts: A woman is suing herself in a wrongful death case. Earlier this week, the Utah Court of Appeals ruled that Barbara Bagley [...]

26 09, 2014

Part 2: Bad Faith Exception to Mediation Confidentiality!

By | 2017-05-13T07:47:33+00:00 September 26th, 2014|Court Cases|Comments Off on Part 2: Bad Faith Exception to Mediation Confidentiality!

Earlier this year, I posted a blog about a U. S. District Court case, Craig Milhouse and Pamela Milhouse v. Travelers Commercial Insurance Company (Case No. SACV-10-01730-CJC (ANx), C.D. Cal.), in which the court held that a "due process" exception applies to mediation confidentiality. Plaintiffs sued defendant for insurance bad faith. During trial, defendant sought [...]

4 04, 2014

Thinking outside the Box

By | 2017-05-13T07:28:29+00:00 April 4th, 2014|Odd stuff|Comments Off on Thinking outside the Box

My dog Cookie loves to play catch (or more aptly, I throw the ball and she chases it!). Shortly after we got her, one of my neighbors told us that on one side of the Mormon Church (2 blocks away) was a great grassy side yard, more or less fenced in, that everyone uses to [...]

28 09, 2012

Where is the Settlement Authority?

By | 2017-05-13T07:34:01+00:00 September 28th, 2012|Court Cases|Comments Off on Where is the Settlement Authority?

One of the cardinal rules of mediation is that the person with settlement authority attends the mediation. If not explicitly stated in most state and federal court rules, it is implicit. The reason is obvious: it is difficult to settle when the person with the authority to do so, is not there. It seems though [...]

31 08, 2012

An Update To Proposed Mediation Regulation

By | 2017-05-13T07:34:19+00:00 August 31st, 2012|Legislature|Comments Off on An Update To Proposed Mediation Regulation

On August 3, 2012, I posted a blog about Resolution SR-05-01-2012 that was proposed to the California Conference of Bar Associations by Bay Area Lawyers For Individual Freedom. Jo Hoenninger, Esq. is its author. The proposed resolution, if passed by the Conference at California's Annual State Bar Convention would not only change the definition of [...]

28 10, 2011

Deciphering Life Via Game Theory

By | 2017-05-13T07:37:18+00:00 October 28th, 2011|Research|Comments Off on Deciphering Life Via Game Theory

In its latest Technology Quarterly section, The Economist published an article entitled "Game Theory In Practice" (September 3, 2011) in which it explores using "game theory" to forecast political and economic events and to resolve disputes. It seems that Bruce Bueno de Mesquita, an academic at New York University, has used game theory to accurately [...]

10 09, 2009

Truth is Stranger Than Fiction

By | 2017-05-13T07:38:03+00:00 September 10th, 2009|Actual Mediations|0 Comments

Late last year, I mediated a “family” dispute involving facts that were stranger than fiction. It seems that Jane Jones (fictional name) had a relationship with Joseph Smith (again, a fictional name). They had two children together, although they never married. They, then, went their separate ways. However, Ms. Jones went to family court and [...]