Originally published in Law360, April 9, 2019 Typically, if a matter settles at mediation, the parties will enter into a settlement agreement then and there to ensure that the matter has indeed settled; there will be no buyer’s remorse or change of mind the next morning. Often included are provisions [Read More]
Informed Consent in Mediations Taking Place in California Originally published in the Daily Journal, September 28, 2018. Download the PDF Version of the Article Here Sometimes parties attend mediation without the proper preparation. If the matter is in litigation, their attorney may not have met with them beforehand to [Read More]
Where we stand on mediation confidentiality, both in California since the Cassel decision and in the Ninth Circuit Originally published in The Advocate, August 2016 Issue. Download the PDF Version of the Article Here (PDF, 250Kb) Phyllis Pollack. Photograph by Jonah Light During the past year, there [Read More]
In November 2015, I discussed a Ninth Circuit Court of Appeals decision- Campbell Ewald Company v Gomez, 768 F. 3d 781 (9th Cir. 2014)- in which that court held that where Plaintiff rejects Defendant’s Federal Rule of Civil Procedure Rule 68 Offer of Judgment offering plaintiff all of the relief [Read More]
While my alternative dispute resolution focus is generally on mediation, a recent event in the arbitration field caught my attention. On May 7, 2013, Senator Al Franken (MN) introduced S. 878 (http://www.gpo.gov/fdsys/pkg/BILLS-113s878is/pdf/BILLS-113s878is.pdf ) in the Senate while his counterpart Rep. Henry C. "Hank" Johnson, Jr. (Ga-4) introduced H. R. 1844 [Read More]
