Michael R. Diliberto is a full-time mediator and arbitrator with ADR Services, Inc. and an Administrative Law Judge with the Office of Administrative Hearings, Los Angeles regional office. He specializes in resolving employment, real estate, intellectual property, entertainment and business disputes and also resolves cross-cultural matters. As an international speaker, consultant and trainer, he has taught mediation skills to judges and lawyers from Europe, Asia, Africa, and South America. Please visit his website for his monthly articles on negotiation strategy.
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Articles and Video:
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.