Category: Confidentiality

When I ask litigators why they don't choose arbitration over litigation before unpredictable judges in a crowded court, their answer invariably...

I've recently been covering mediation confidentiality from an attorney's point of view.  Because my statistics page reminds me that clients also...

From the Blog of Phyllis G. Pollack.       An interesting decision was issued the other week by the Second District of...

UPDATE:  See the analysis of Thottam at May it Please the Court, noting that the "big print giveth and the...

From the Blog of Phyllis G. Pollack.       On October 23, 2006, I wrote a blog entitled “When Public Policies Collide:...

I'm re-posting this "how to" now that Simmons v. Ghaderi has been decided.  You no longer have even a fighting...

Today, the Supreme Court handed down a unanimous ruling in the long-awaited Simmons v. Ghaderi case about which I've commented on many occasions...

From Settle It Now Negotiation BlogThanks to Perry Itkin's Florida Mediator for linking to this Memorandum Opinion enforcing, by way...

As a family-law attorney for over 35 years, I can tell you that the secret to a successful divorce is...

In April 2006, I reported that the Boston Bar Association proposed an amendment to the Massachusetts mediation confidentiality statute, Mass....

The subject of private judging and maintaining confidentiality in settlement agreements was in the news again today, this time in the...

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CA 07-00659 PRESENT: SCUDDER, P.J., MARTOCHE, CENTRA,...

From the Blog of Phyllis G. Pollack.        On August 16, 2007, the Ninth Circuit Court of Appeals issued its...

As we noted yesterday, some members of the insurance policy holder bar suggest that coverage counsel hold non-confidential "mediations," either by calling...

From the Blog of Phyllis G. Pollack. Once again, a California appellate court has upheld the sanctity, if not impermeability, of...

The Court of Appeals (Second Circuit) issued it's opinion on the Wimsatt v. Kausch writ of mandate and upheld the...

Critics of alternative dispute resolution have claimed that it undermines the rule of law and subverts justice. A court decision...

From Settle It Now Negotiation Blog by Michael D. Young, whose recently posted Mediation Gone Wild Document Repository Web Pages...

Just when you say the mediation privilege would prevent the parties from disclosing such matters as settlement authority and the...

Governor Bill Richardson yesterday signed the New Mexico Mediation Procedures Act, establishing confidentiality for certain mediation communications. Mediation is broadly...

\As previously posted in EngagingConflicts here, there is a significant ethical critique of Collaborative Law, and a growing movement for...

I am a member of the MassUMA Working Group, a committee which is exploring the possible adoption of the Uniform...

After hours of mediation, the parties have reached a “deal” on the principal issues. The parties want closure. Attorneys begin...

Jeff Kichaven writes on mediation for the International Risk Management Institute. First published on IMRI.com. Can Mediators Be Forced To...

First published in the Los Angeles Daily Journal on October 20, 2006 Ladies and gentlemen, start your word processors. Simmons...

Jeff Kichaven writes on mediation for the International Risk Management Institute. First published on IMRI.com. These thoughts are tentative. My...

What does the “Orgasmatron,” the “Tingler,” and a contaminated property have in common? Surprisingly, a very important lesson for all...

As we all know, California distinguishes itself from the rest of the United States in many arenas. It is not...

Jeff Kichaven writes on mediation for the International Risk Management Institute. First published on IMRI.com. First, the good news. The...

You are representing a client at mediation. You know the general rule: what happens in a mediation is confidential. However,...