Settlement Conference vs. Mediation
While a settlement conference and mediation are similar, they are different. For instance, in California, Evidence Code section 1115, et seq., governs mediation confidentiality, which is broadly construed and virtually absolute. With very limited exceptions, nothing said or produced during a mediation is admissible. Conversely,
Preparing for Your Mediation
Introduction Recently, I have conducted two mediations that did not resolve largely due to the fact that there were unresolved issues involving plaintiff’s treatment in one instance and the production of documentation supporting the claimed compensation due in an employment matter shortly before the mediation
Enforceability of Legal Service Agreements in California for Multijurisdictional Law Firms
If you are a multijurisdictional law firm with offices in California and have an arbitration provision in your legal services agreement, the California Second District Court of Appeal has recently held that the legal services agreement and arbitration provision are enforceable even if an attorney
Mediating the Legal Malpractice Case – Part II – Picking the Right Mediator
Now that you have determined mediating your legal malpractice case is appropriate, who is the right mediator for your case? While some may disagree, a mediator with subject matter expertise is invaluable if you are serious about resolving your legal malpractice case. Subject matter
Mediating the Legal Malpractice Case – Part I: Knowing When to Mediate
Knowing when to mediate is crucial for success in any case, but it is particularly important in legal malpractice matters because the central issues are causation and damages and, to a lesser extent, duty, and statute of limitations. A missed statute or a bad result,