Two developments occurred regarding mediation confidentiality during the first week of February. First, on Monday, February 1, 2016, the Ninth Circuit Court of Appeals heard oral argument in Craig Milhouse v. Travelers Commercial Insurance, Case Nos. 13-56959 and 13-57029. Dr. and Mrs. Milhouse suffered the total loss of their home [Read More]
Just before Christmas, Travelers Commercial Insurance Company ("Travelers") submitted its brief in opposition  (Travelers reply 3.pdf ) to that submitted by the Southern California Mediation Association ("SCMA") as amicus curiae on the issue of mediation confidentiality. In its amicus curiae brief, SCMA queried whether the Ninth Circuit Court of Appeals should [Read More]
Either as a participant in a mediation or as the mediator, we have all learned the cardinal rule that mediations are confidential both in terms of the statements and other communications made during the mediation and the information the mediator keeps to herself, not sharing it with the other parties. [Read More]
Once again, The Economist has reported on an interesting study concerning artificial intelligence and psychology. In its August 16, 2014 edition, the authors of "The Computer will see you now" discuss a study in which the participants chatted with an avatar. More specifically, Jonathan Gratch at the Institute for Creative [Read More]
Does mediation confidentiality exist in federal court? The answer is far from clear. Depending on the circumstances, it is both "yes" and "no." BABASA v. LENSCRAFTERS My quest for this answer started by happenstance when I read the Ninth Circuit Court of Appeals' opinion in Babasa v. LensCrafters, Inc., 498 [Read More]
