Michael Diliberto is an internationally recognized mediator and arbitrator in full-time practice since 2003. He is expert at working with complex facts and legal issues as well as cross-cultural dynamics. Mr. Diliberto also serves as an Administrative Law Judge pro tem for the Office of Administrative Hearings, conducting administrative hearings with various agencies of the State of California. A prolific writer, speaker and consultant on mediation, he has trained lawyers and judges in the United States, Europe and South America. Mr. Diliberto is a skilled negotiator, and teaches “negotiations” as an adjunct professor at Loyola Law School.
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Articles and Video:
The Pandemic’s Silver Lining for the Courts
This article examines how the COVID-19 pandemic incentivized the courts to become more user-friendly.
Nondisparagement clauses are commonly used in settlement agreements. Some clauses are simple one-liners, while others are more detailed. This article examines Olson v. Doe (2022) 12 Cal.5th 669 where the Supreme Court of California discussed how to determine the scope of a simple nondisparagement clause.
An Offer You Can’t Accept
This article discusses pitfalls to avoid with settlement offers made under Code of Civil Procedure section 998.
Code of Civil Procedure Section 664.6 Is Now Lawyer-Friendly
Most settlement agreements provide that the entire action shall be dismissed and the court shall retain jurisdiction under Code of Civil Procedure Section 664.6 to enforce the settlement terms.
Got A Final Award? It Ain’t Necessarily So
The California Supreme Court recently said it is timely to submit a request for costs under Code of Civil Procedure section 998 to the arbitrator after a final award on the merits has been issued.
Whose Privilege Is it Anyway?
This article discusses which privilege law governs in the context of enforcing a settlement agreement when both federal and state law claims are involved.
Mediation Works, But Will it Play in Macedonia?
The article describes the status of mediation in the Republic of Macedonia and the cultural issues that affect whether or not the Macedonian judicial system should adopt compulsory mediation. The article also provides persuasive alternatives from other jurisdictions that are used to encourage mediation.