Mediation Blog
Civility in Litigation: What a Novel Concept!
Don’t ask me why but I was roaming around the Official California Legislative Information web site searching for any new bills dealing with mediation and/or arbitration when I stumbled across SB 1256: An act to [Read More]
Informed Consent
On Saturday, March 19, 2016, the Southern California Mediation Association held a Town Hall on two topics: mediator certification and mediation confidentiality. It is the latter that I wish to discuss. The Supreme Court of [Read More]
Principles and Optimism /Realism and Compromise
As a mediator, I have often had a party tell me that she will not settle on the terms proffered because, “It is all about principle!” I take this with a grain or two of [Read More]
Are You Hearing What I Am Saying?
As we all know, there is quite a bit of subtlety involved in every negotiation. While each party is outwardly stating her perspective or views, each is also communicating a lot by what is not being [Read More]
“Puffing” and the California State Bar
In 2006, the American Bar Association issued an ethical opinion- ABA Formal Ethics Op. 06-439 entitled A Lawyer’s Obligation of Truthfulness When Representing a Client in Negotiation: Application to Caucused Negotiation. At issue was whether [Read More]
Sidestepping Mediation Confidentiality
Once again, the Ninth Circuit has sidestepped discussing the contours of mediation confidentiality in federal lawsuits based on diversity jurisdiction. In an unpublished (and thus not having precedential value) Memorandum (Milhouseopinion ) affirming the trial court judgment, [Read More]
