Does What Happens in Mediation Stay in Mediation?
8/14/20
By: Barry Miller
Insurers: Time to review your mediation practices.
As COVID-19 travel restrictions force most mediations online, often with participants in more than one state, insurance carriers must re-examine their assumptions about the process. They need assurance that what …
How Should a California Mediator Deal With An Unrepresented Party?
6/17/20
By: Greg Fayard
Most California mediators are lawyers. When mediator-lawyers handle a mediation where one party does not have a lawyer, the lawyer-mediator has to treat that pro per party differently than a party who has a lawyer.
Specifically, if …
Ready Camera One: Remote Litigation in the Era of Social Distancing
4/7/20
By: Jennifer Adair, Jennifer Markowski and Andy Treese
Evaluating claims to move them towards resolution or trial is the lifeblood of a defense practice. This typically requires direct interaction with a plaintiff and key witnesses, either at deposition (to hear …
As of 1/1/19 California Lawyers & Clients Going To Mediation Have To Sign This
12/19/18
By: Greg Fayard
Come January 1, 2019, California lawyers who participate in mediations will need to provide written disclosures to their clients explaining mediation confidentiality. Further, California lawyers must get written acknowledgment from clients that they understand mediation confidentiality before…