Informed Consent in Mediations Taking Place in California

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 [Read More]

Mediations are supposed to be confidential… but are they really?

Previously published in the September 2015 issue of "Advocate" Magazine, Pages 44-55 The September 2015 issue of  Advocate (Journal of Consumer Attorneys Associations for Southern California) focuses  on ADR-Choice is Good.  I am privileged to contribute an article on mediation confidentiality and re-print it here. It may be found [Read More]

Article on Advocacy

Introduction Several months ago, Joan Kessler asked that I provide an article to be included in the ADR issue of The Advocate. Since then, I have pondered on what I should write about. For inspiration, I went to my weekly blog which I have been posting since August 31, 2006. [Read More]

By |March 21st, 2014|Featured Articles|

Mediation Confidentiality: Once Again

According to the Second Appellate District of the California Court of Appeal, mediation confidentiality will not protect attorney-client communications. In Porter v. Wyner, Case No. B211398 (April 8, 2010), this appellate court held that communications between an attorney and a client during a mediation are not protected by mediation confidentiality. [Read More]

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