Category: Civil

Which Cases Are Most Suitable For Court Ordered Mediation author.

Which Cases Are Most Suitable For Court Ordered Mediation

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

By Richard Barron
Getting More for the Plaintiff in Mediation: Showcase Your Stellar Client author.

Getting More for the Plaintiff in Mediation: Showcase Your Stellar Client

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

By Managing Editor
As Trials “Vanish,” Alternatives Play a Dominant Role in Dispute Resolution author.

As Trials “Vanish,” Alternatives Play a Dominant Role in Dispute Resolution

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

By Paula Young
The Lessons of Rojas: Let’s Play Ball author.

The Lessons of Rojas: Let’s Play Ball

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

By Elizabeth Moreno
Rojas v The Supreme Court Of California author.

Rojas v The Supreme Court Of California

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

By The Supreme Court of California Court
Racehorses And Lawsuits author.

Racehorses And Lawsuits

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

By Charles B. Parselle
I Know It’s Not My Problem-But It Happened On My Watch author.

I Know It’s Not My Problem-But It Happened On My Watch

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

By Geoff Sharp
Preventing The Death Of Mediation author.

Preventing The Death Of Mediation

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

By Jeffrey Krivis
The Opening Demand author.

The Opening Demand

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

By Michael P. Carbone
The Trouble with Foxgate and Rojas: When Should Public Policy Interests Require that Mediation Confidentiality in California be Subject to Certain Common Sense Exceptions? author.

The Trouble with Foxgate and Rojas: When Should Public Policy Interests Require that Mediation Confidentiality in California be Subject to Certain Common Sense Exceptions?

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

By Max Factor III
Legislative  Initiative  For  Court  Annexed  Mediation  In  India author.

Legislative Initiative For Court Annexed Mediation In India

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

By Niranjan J. Bhatt
The Nightmare Wedding Reception: As A Mediator How Would You Respond To These Ehical Challenges? author.

The Nightmare Wedding Reception: As A Mediator How Would You Respond To These Ehical Challenges?

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

By Fred E. Jandt
Settlements That Don’t Work . . . Or Do They? author.

Settlements That Don’t Work . . . Or Do They?

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

By Justene Adamec
Should Mediators Take The Reins? Evaluative Interventions In Mandatory Mediations author.

Should Mediators Take The Reins? Evaluative Interventions In Mandatory Mediations

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

By Peter Annis
Facilitative Mediation:  The Classic Approach Retains its Appeal author.

Facilitative Mediation: The Classic Approach Retains its Appeal

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

By Carole J. Brown
It’s Alright Ma, I’m Only Bleeding author.

It’s Alright Ma, I’m Only Bleeding

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

By Jeffrey Krivis
Mediating Early Stage Disputes by Conjecture of Discoverable Information author.

Mediating Early Stage Disputes by Conjecture of Discoverable Information

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

By Ron Thompson
Mediation in Copyright Disputes: From Compromise Created Incentives to Incentive Created Compromises author.

Mediation in Copyright Disputes: From Compromise Created Incentives to Incentive Created Compromises

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

By Stephen Anway
Rojas v. Superior Court (Second Dist., Div. Seven. Oct. 10, 2002.) author.

Rojas v. Superior Court (Second Dist., Div. Seven. Oct. 10, 2002.)

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

By Managing Editor
Conflict Analysis in Relation to Mediator Strategy and Type author.

Conflict Analysis in Relation to Mediator Strategy and Type

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

By Rick Russell
Preparing For Effective Employment Mediation author.

Preparing For Effective Employment Mediation

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

By Joe Epstein
Why Mediation Works When Negotiations Fail author.

Why Mediation Works When Negotiations Fail

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

By Michael Roberts
Mediator Madness author.

Mediator Madness

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

By Michael Young
Confidentiality and Privilege in Mediation: A Dutch Perspective author.

Confidentiality and Privilege in Mediation: A Dutch Perspective

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

By John Bosnak
Keep Those Feet Out Of Concrete author.

Keep Those Feet Out Of Concrete

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

By Edward P. Ahrens
Preparing For Mediation author.

Preparing For Mediation

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

By Darrell Lewis
Where Angels Fear To Tread : The Tricky Matter Of How A Commercial Mediator Shows Respect For The Attorney/Client Relationship author.

Where Angels Fear To Tread : The Tricky Matter Of How A Commercial Mediator Shows Respect For The Attorney/Client Relationship

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

By Geoff Sharp
Statement Of Restorative Justice Principles author.

Statement Of Restorative Justice Principles

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

By Restorative Justice Consortium of the UK UK
Tips for Attorneys-Preparing for Mediation author.

Tips for Attorneys-Preparing for Mediation

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

By Eileen Barker
Legal Section Editorial author.

Legal Section Editorial

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

By L. Randolph Lowry

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