Once again, the Ninth Circuit has sidestepped discussing the contours of mediation confidentiality in federal lawsuits based on diversity jurisdiction. In an unpublished (and thus not having precedential value) Memorandum (Milhouseopinion ) affirming the trial court judgment, the appellate court held that Dr. and Mrs. Milhouse waived their claim of mediation confidentiality [Read More]
The end of 2015 has occurred and with the start of 2016, many of us will make one or more resolutions to do something different, e.g. lose weight, get more exercise, or change our life in some small or not so small way. For the first few weeks of 2016, we will [Read More]
"It Ain't Over 'til It's Over" (... Or, is it?) Lenny Kravitz (June 1991) In my mediation practice, I have handled cases involving the Telephone Consumer Protection Act, 47 U. S. C. § 227 (“TCPA”) and class actions. The other day, I came across a case argued before the U. [Read More]
Last week, I mediated a very contentious dispute that was fueled by a misassumption. Only late in the mediation did the parties realize the existence of the misassumption. In the words of our President, it became a “teachable moment.” The teaching: never assume. The dispute was simple. A homeowner suffered [Read More]
