Late last year, I mediated a “family” dispute involving facts that were stranger than fiction. It seems that Jane Jones (fictional name) had a relationship with Joseph Smith (again, a fictional name). They had two children together, although they never married. They, then, went their separate ways. However, Ms. Jones [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]
Earlier this week, I mediated a case between a homeowner and a general contractor about an unsuccessful home improvement. The general contractor built two patios, pouring the concrete without checking the weather forecast. Later that evening, it rained heavily causing the concrete not to “cure” properly. While the contractor attempted [Read More]
Alexander Graham Bell once said, “Before anything else, preparation is the key to success.” We have all heard the adage to the effect that success is 99% hard work and 1% luck. So, too, with mediations. To reach a resolution during a mediation, each party must prepare for the mediation. [Read More]
