Impasse Leads to Compromise

With the fast approaching end of the United States Supreme Court’s 2015-2016 term, the Supreme Court has been (and will be) issuing a flurry of decisions. One of them caught my attention because unlike all of its other decisions, it did not decide the matter but rather suggested engaging in alternative [Read More]

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 add Section 314  to California’s Code of Civil Procedure relating to civil law (pun intended?). [Read More]

By |April 8th, 2016|Uncategorized|

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 In an unpublished (and thus not having precedential value) Memorandum  (Milhouseopinion ) affirming the trial court judgment, the appellate court held that Dr. and Mrs. Milhouse waived their claim of mediation confidentiality [Read More]

By |March 3rd, 2016|Uncategorized|

Changing Our Habits !

The end of 2015 has occurred and with the start of 2016, many of us will make one or more resolutions to do something different, e.g. lose weight, get more exercise, or change our life in some small or not so small way. For the first few weeks of 2016, we will [Read More]

By |January 8th, 2016|Research, Uncategorized|

Never Assume

Last week, I mediated a very contentious dispute that was fueled by a misassumption. Only late in the mediation did the parties realize the existence of the misassumption. In the words of our President, it became a “teachable moment.” The teaching: never assume. The dispute was simple. A homeowner suffered [Read More]