Category: Civil

The very essence of mediation [1] is voluntariness. It may, thus, appear inconsistent and inappropriate to ever consider judicially forcing...

First published in SFTLA Magazine, May 2004 In both mediation training and mediation, countless plaintiffs’ counsel and mediators have complained...

For nearly twenty years, I described myself as a litigator, but harbored an unspoken insecurity that I could not call...

It is uncertain whether, the Dodgers hopes of a winning season may have come to an end with the injury...

We granted review in this case to consider the scope of Evidence Code section 1119, subdivision (b),[1]which provides: “No writing,...

The hardest things to evaluate accurately are racehorses and lawsuits. Both have huge industries built up around them. But lawsuits...

It is at some risk that I set out to promote my expertise in the area of what to do...

This article will be published by CPR Alternatives.My basic nature is to be optimistic about the future. If I were...

“They want how much? I think we’re just wasting our time here. Their case isn't worth anything close to that.”...

The mediation community is a-buzz. Should mediation confidentiality be allowed to cause harm to innocent third parties who were neither...

Mediation, Conciliation and Arbitration are historically more ancient than the Anglo-Saxon adversarial System of law. Mediation was very popular amongst...

The format of the following is based on “Hopes for a Lakefront Dreamhome” from the Minnesota ADR Institute 2000. The...

In mediation, there is pressure to get the deal done. This pressure comes from all sides - the mediator, the...

Most mediators asked whether they should take the reins would probably answer in the affirmative. Proactive intervention is almost always...

Since January 1999, Rule 24.1 of the Rules of Civil Procedure requires mandatory mediation in all case-managed actions in the...

A minor tremor threatened California’s sacred mediation confidentiality laws recently that has the mediation community running for shelter. The case,...

Introduction When approaching a mediation session, the experienced mediator pretty much knows the routine issues involved in the type of...

Winning Essay in the Law Student Category2002 James Boskey ADR Writing Competition. The competition is Sponsored by the ABA Section...

Rojas v. Superior Court (Coffin) (2002) , Cal.App.4th [No. B158391. Second Dist., Div. Seven. Oct. 10, 2002.] GENOVEVA ROJAS et...

Professor Leonard Riskin in his ground breaking article [Mediator Orientations, Strategies and Techniques, 12 Alternatives 111 (September 1994) posits that...

Introduction Journal articles 1, law review articles 2 and court decisions 3 dwell on the question of whether mandatory employment...

Recently, I served as a mediator in a dispute between two former partners in a business venture gone bad. The...

I walked into my last mediation blind. No briefs had been submitted, no pre-mediation conference calls, nothing. And so I...

"Loosing confidentiality is like loosing virginity: it happens only once." (Eric Galton, Representing Clients in Mediation, American Lawyer Media, L.P....

Were he living, Al Capone could tell you a thing or two about putting your feet in concrete. In mediation,...

Use the mediator to your advantage Many cases are resolved before trial simply by counsel getting together and negotiating a...

Speak to any attorney and they will have views on what level of 'mediator intrusion' into their relationship with their...

This Statement of Principles derives from a development of an exercise undertaken by the Restorative Justice Consortium to revise the...

1. Timing is Everything In general, mediate at the earliest possible time to avoid wasting time and money, provided that...

Go to Legal Section Welcome to the newest on-line resources for lawyers – The Mediate.com Legal Section. This section has...