Who is a “Mediator”?

A few weeks ago, some rulings of the Honorable Holly E. Kendig, Judge of Los Angeles County Superior Court, made the headlines in the local legal newspapers. Those rulings which among other things dismissed the case, were predicated on an earlier ruling which answered the question, “who is a mediator” and discussed [Read More]

By |May 13th, 2016|Court Cases|

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]

Update on Mediation Confidentiality

In previous blogs, I have discussed the hullaballoo surrounding the introduction of AB 2025 into the California Legislature. As originally drafted and introduced into the California State Assembly, it provided that mediation confidentiality would not preclude the introduction of “… communications between a client and his or her attorney during [Read More]

By |August 28th, 2015|Legislature|

Mediation Confidentiality Strikes Again

Once again, an appellate court in California has confirmed the “…near categorical prohibition against judicially crafted exceptions to mediation confidentiality.” In Amis v Greenberg Traurig, LLP et al, (Issued March 18, 2015, Case No. BC 426815)  (Id. at 8.), the Court of Appeal for the Second Appellate District held that mediation [Read More]

By |March 27th, 2015|Court Cases|