April 2017 (online edition) The ADR Issue view online, or download Features: Mediating Fee Disputes Gracefully | by Malcolm Sher I Agreed To Arbitrate That? Recent Developments in the Application of Arbitration Agreements | by Paul Dubow Civility in Mediation | by Mark LeHockey Five Steps to Choosing a Great Mediator | by Robert […]
I would like to share my perspective on how to make the most of the ADR process. In my 33 years as an insurance defense attorney I have participated in hundreds of mediations. I have also served as a volunteer mediator for the courts in over 100 cases. In my view ADR is the most […]
The California bill, SB33, is extremely broad and would prohibit imposing a waiver of a legal right that arises as a result of fraud, identity theft, and any other act related to the wrongful use of personal identifying information as a condition of entering into a contract for the provision of goods or services.
Getting into a fee dispute with a client can be a bit like walking through a minefield. Stepping cautiously may maximize your ability to recover fees due and help you avoid a malpractice claim or State Bar complaint.
Practicing civility at the mediation session also produces unmistakable dividends, starting with your credibility with the mediator.
Mediators can get places nobody else can. Good mediators promote open dialogue between the parties. And once people talk candidly about their cases, great things happen.
The issues surrounding reaching an agreement grow in complexity whenever the dispute involves power differences. How would a landlord/tenant mediation be different from one that involves two neighbors?
The Contra Costa County Bar Association runs a Mandatory Fee Arbitration and Mediation Program that provides an informal, low-cost alternative to the court system for Contra Costa County attorneys involved in a fee dispute with their clients. The program also provides a volunteering opportunity to mediators and arbitrators who would like to give back to […]
It comes up all the time: two parties who can’t be in the same room for more than 10 minutes without coming close to blows, but don’t have the money to continue to fund the litigation; the client who, no matter how many times you explain logically and rationally that their position makes no sense, […]
Both mediators and participants should understand the possibility that mediation communications and writings may be discoverable in certain situations. Two California court decisions that protected the absolute privilege, despite creating arguably unfair results, have caused much consternation.
Serving as a mediator in a case where one or both parties do not have counsel can create ethical dilemmas for the mediator. California has not adopted a code of ethics that governs mediators in private settings. Attorneys acting as mediators continue to be bound by the California Rules of Professional Conduct.
As I mentioned in my last Bar Soap, the Contra Costa High School Mock Trial Competition was on the horizon. It has now taken place and it was the usual tremendous success. Miramonte High School was the winner this year. That makes two years in a row for Miramonte. I served as judge two nights […]
Coffee Talk is a regular feature of the Contra Costa Lawyer magazine. We ask a short question related to an upcoming theme and responses are then published in the Contra Costa Lawyer magazine. What do you look for when choosing a mediator? I look for someone who has experience in personal injury work (Plaintiff or […]
Browse the articles from the March 2017 issue below: FEATURES: A Macro Approach to Large-Scale Construction Defect Matters, by David Young and Erica L. Morris Bay Area Cities Implement New Eviction and Rent Control Measures, by Puneet Singh The Ruckus over Airbnb: Local Governments Struggle to Control Short-Term Vacation Rentals, by Robert B. Jacobs […]
Given the relatively high-exposure involved with large-scale construction defect matters, insurers will generally be cautious and hire coverage attorneys to provide critical analyses of their insurance policies against the facts of each case, the identity of their insureds, and the insureds’ scope of work.