settlement agreement

21 06, 2019

Starting With the Small Stuff

By |2019-06-04T13:33:35-08:00June 21st, 2019|News articles|0 Comments

In my early training to be a mediator, the trainer often suggested that to help the parties reach an agreement on the really big issues, start with the small ones. Discuss the easy issues first and obtain agreement on those. This will build momentum and a sense that resolution is possible. Once the parties find [...]

30 01, 2015

So Much for Modern Technology!

By |2017-05-13T07:46:40-08:00January 30th, 2015|Court Cases|0 Comments

The First Appellate District of the California Court of Appeal published, then depublished (California Rule of Court 8.1105), then certified for publication a decision holding that a printed name and address at the end of an e-mail allegedly confirming the terms of a settlement do NOT constitute an enforceable settlement agreement. In J.B.B. Investment Partners, [...]

15 06, 2012

Binding Mediation

By |2017-05-13T07:34:59-08:00June 15th, 2012|Court Cases|Comments Off on Binding Mediation

Late last month, the Court of Appeal for the Fourth Appellate District in California took up the issue of "binding mediation." Unlike an earlier case on the same topic that it took up in 2006 (Lindsay v. Lewandowski (2006) 43 Cal. Rptr. 3d. 846, 139 Cal. App. 4th 1618), this time this court determined that [...]