Back To Basics: Why Mediate?

As part of my preparation to teach a class on mediation confidentiality, I reviewed the Uniform Mediation Act with all of its comments (UMA). In doing so, it struck me that although mediation is extremely popular and common place, it would be good to remind ourselves why we should mediate [Read More]

By |October 14th, 2022|Mediation|

Why Come To Mediation?

It happened again.  A mediation that went nowhere fast when the defendant attended mediation “because” it was court-ordered. And… defendant offered zero in settlement. It was a property damage case. Plaintiff alleged her vehicle was side swiped while parked on the street overnight.  The automobile insurance company had an “expert” [Read More]

Will A Case Be Codified As Law?

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). The Legislature believes so; On [Read More]

By |February 24th, 2017|Legislature|
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