Perhaps I am an idealist, or even though a baby boomer with many years of litigation experience behind me--- a bit naïve. Or –perhaps it is because I am a mediator and so am privy to both sides of the dispute and can see the “story” as an outsider or [Read More]
In the context of a marital dissolution proceeding, is there (or should there be) an exception to mediation confidentiality (California Evidence Code section 1119) for financial disclosures “prepared for the purpose of” and used “in the course of … the mediation?” (Evidence Code section 1119). This is the issue that [Read More]
When parties are having a dispute, no doubt, they probably think in individualistic terms; that is; me against her, or one vs. one. In reality, most disputes usually involve more than one person on each side, be it partners in a business, partners in a marriage or other domestic relationship, [Read More]
Recently, the Kluwer Mediation Blog posted an interesting discussion about the cognitive biases at play during a dispute. What caught my interest is that the author- Charlie Irvine- used the example of driving to make his point. In his blog entitled, “What Mediators Know (Or Can’t Help Noticing) about Conflict" [Read More]
In disputes involving money, the usual scenario is that the plaintiff wants more money than the defendant is willing to pay. So, they go to a mediator who nudges the plaintiff to accept a little less and the defendant to pay a little more. The adage is that a settlement [Read More]
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 [Read More]
My first mediation of 2015 settled based on pragmatism. It was a lemon law matter filed under California's Song Beverly Consumer Warranty Act - Civil Code Section 1792 et seq. Plaintiff purchased the vehicle from a neighbor somewhat on a whim, thinking she would use it for commuting. Unfortunately, Plaintiff [Read More]
Just before Christmas, Travelers Commercial Insurance Company ("Travelers") submitted its brief in opposition (Travelers reply 3.pdf ) to that submitted by the Southern California Mediation Association ("SCMA") as amicus curiae on the issue of mediation confidentiality. In its amicus curiae brief, SCMA queried whether the Ninth Circuit Court of Appeals should [Read More]
