If you have ever mediated a case with me (and most of you have not), you know that I crack jokes, especially in the opening joint session. There is a method to my madness; to take the tension out of the situation and try to put the parties at ease. [Read More]
Several weeks ago, I posted a blog about California Assembly bill AB 2025 which would abolish mediation confidentiality in very limited circumstances; namely, in actions "... for legal malpractice, an action for breach of fiduciary duty, or both, or in a State Bar disciplinary action..." communications directly between the client [Read More]
Most mediators I know are passionate about their work and about bringing peace to the world. We like to think of ourselves as "peacemakers" and that our goal is to assist others in resolving disputes. Consequently, we may not always focus on the fact that mediation is a business or [Read More]
As I have mentioned in previous blogs, I mediate an awful lot of "lemon law" cases. Frequently, the issue is whether the defendant manufacturer will "repurchase" the vehicle, or pay the plaintiff consumer a "sufficient" amount of money to entice her to keep the car, also known as a "cash [Read More]
ast Thursday, February 23, 2012, Assembly Member Wagner introduced AB 2025 before the Californai State Legislature. The proposal seeks to create an exception to mediation confidentiality by amending Section 1120 of the California Evidence Code to allow the introduction of evidence: (4) ...in an action for legal malpractice, an action [Read More]
"Multi-tasking" took on a whole new meaning for me the other day when I conducted two mediations simultaneously, i.e. at the same time! Sounds strange, doesn't it? It came about at the last minute. I already had one scheduled for the morning. During the previous afternoon, defense counsel telephoned to [Read More]
One of the more memorable movie lines is from Forrest Gump (1994) when Gump comments "My momma always said, "Life was like a box of chocolates. You never know what you're gonna to get." " Mediations are like that, too; as a mediator, I never know what to expect. I [Read More]
Although the general consensus among neutrals is that the parties to a dispute should attend the mediation in person, at the same time, I have successfully mediated disputes in which one or more or all involved have attended by telephone. Indeed, I have conducted several mediations solely via telephone with [Read More]
