These four attributes are integral to an effective mediation. FairnessThe process and the person conducting the process must be fair. What’s more, all participants must perceive them as fair. Mediation is a level playing field. This safe, neutral environment is a good place to test the validity of an argument. The mediator is a professional neutral. Without preconceptions, […]
Effective January 1, 2019, California attorneys must provide a written mediation disclosure statement to clients or face potential disciplinary consequences. What Does the New Law Do?The disclosure does not protect clients so much as inform them about mediation confidentiality. Under changes to the Evidence Code, attorneys must have clients sign off on a mediation disclosure […]
THINGS ARE GOING GREAT – LET’S KEEP FIGHTING The fall of Atlanta “is not a calamity that endangers our cause.” Montgomery, Alabama Advertiser, September 1864 “No former period of the war has contained such elements of encouragement for the South as the present.” Richmond, Virginia Examiner, February 1865, 60 days before the surrender at Appomattox Many […]
Like the moon, mediation proceeds in phases. Here’s a primer on what happens when. Phase 1: Investigation The first phase of a mediation consists of fact gathering and defining the issues. When the parties provide exhaustive briefs, time spent on fact-finding may be minimal. We can quickly pin down which facts and issues the parties agree […]
You could pay $30,000 for a day with a retired state Supreme Court Justice. Or you could pay about a tenth of that amount for an effective mediator. When you’re ready to choose a mediator, check out the person’s bio (resume, CV) and request a copy of the fee schedule. A few mediators post their […]
I get calls at least once a month from represented injured workers who don’t know what is going on with their claims. Stop and think about that in light of the Rules of Professional Conduct. Typically, in violation of existing rules, the AA has not communicated with the client. Sometimes the attorney has given the […]
New Considerations in Settlement and Case Management The California Supreme Court has approved new rules of professional conduct for attorneys licensed in California which go into effect November 1, 2018. These rules generally […]
Here’s an oxymoron for you: the humble litigator. Like jumbo shrimp and military intelligence, it may seem ridiculous to pair humility with any litigator. But for anyone trying to settle a claim, a little humility can help get you to the finish line. Most of the time that dispute will eventually settle without court intervention. The […]
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