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Category: Confidentiality

Rojas v. Superior Court: The Battle of Two Opposing Public Policies author.

Rojas v. Superior Court: The Battle of Two Opposing Public Policies

This article first appeared in the April 2005 issue of the Newsletter of the Mediation Committee of the Legal Practice...

By Eric van Ginkel
They Say It’s About Dollars, But It’s Often About Emotion: How to Use Mediation To Restore Business Judgment To Business Disputes author.

They Say It’s About Dollars, But It’s Often About Emotion: How to Use Mediation To Restore Business Judgment To Business Disputes

FOUR REASONS BUSINESS DISPUTE DO NOT SETTLE AT MEDIATION Business executives are supposed to be creatures of logic, carefully weighing...

By Max Factor III

Mediation Confidentiality and Privilege Act Becomes Law

Florida Dispute Resolution Center, The Resolution Report, Volume 19, Number 1, June 2004 Effective July 1, 2004, most mediations conducted...

By Sharon Press
The Lessons of Rojas: Let’s Play Ball author.

The Lessons of Rojas: Let’s Play Ball

It is uncertain whether, the Dodgers hopes of a winning season may have come to an end with the injury...

By Elizabeth Moreno
Rojas v The Supreme Court Of California author.

Rojas v The Supreme Court Of California

We granted review in this case to consider the scope of Evidence Code section 1119, subdivision (b),[1]which provides: “No writing,...

By The Supreme Court of California Court

Pre-litigation Mediation as a Privacy Policy: Exploring the Interaction of Economics and Privacy

Privacy is often discussed in economic terms (retention, cost, scarcity, value, opportunity), yet economics is rarely part of the privacy...

By TJ Costello
Thirty FAQ’s for California Mediators on Ethical Minefields Involving Business, Construction, Employment and Real Estate Mediations author.

Thirty FAQ’s for California Mediators on Ethical Minefields Involving Business, Construction, Employment and Real Estate Mediations

Questions re: Which Standards of Ethical Practice Govern Mediators’ Conduct Q 1: National Ethical Standards: What are the applicable National...

By Max Factor III
The Trouble with Foxgate and Rojas: When Should Public Policy Interests Require that Mediation Confidentiality in California be Subject to Certain Common Sense Exceptions? author.

The Trouble with Foxgate and Rojas: When Should Public Policy Interests Require that Mediation Confidentiality in California be Subject to Certain Common Sense Exceptions?

The mediation community is a-buzz. Should mediation confidentiality be allowed to cause harm to innocent third parties who were neither...

By Max Factor III

SCMA Files Historic Amicus Brief in Rojas Case

LOS ANGELES - The Southern California Mediation Association ("SCMA") announced (May 22, 2003) its historic, first-ever filing of an Amicus...

By Southern California Mediation Association
Contributions of Caucusing and Pre-Caucusing to Mediation author.

Contributions of Caucusing and Pre-Caucusing to Mediation

Group Facilitation: A Research and Applications Journal Number 4, Spring 2002, pp. 3-11Wherever choices exist, there is potential for disagreement....

By Gregorio Billikopf
It’s Alright Ma, I’m Only Bleeding author.

It’s Alright Ma, I’m Only Bleeding

A minor tremor threatened California’s sacred mediation confidentiality laws recently that has the mediation community running for shelter. The case,...

By Jeffrey Krivis
Rojas v. Superior Court (Second Dist., Div. Seven. Oct. 10, 2002.) author.

Rojas v. Superior Court (Second Dist., Div. Seven. Oct. 10, 2002.)

Rojas v. Superior Court (Coffin) (2002) , Cal.App.4th [No. B158391. Second Dist., Div. Seven. Oct. 10, 2002.] GENOVEVA ROJAS et...

By Managing Editor
An Analysis of Principled Advocacy in the Development of the Uniform Mediation Act author.

An Analysis of Principled Advocacy in the Development of the Uniform Mediation Act

"Republished online with the permission of the NIU Law Review." I t has been a unique opportunity to serve, on...

By Gregory Firestone
Confidentiality and Privilege in Mediation: A Dutch Perspective author.

Confidentiality and Privilege in Mediation: A Dutch Perspective

"Loosing confidentiality is like loosing virginity: it happens only once." (Eric Galton, Representing Clients in Mediation, American Lawyer Media, L.P....

By John Bosnak
In Re: Annonymous, Respondents author.

In Re: Annonymous, Respondents

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT IN RE: ANONYMOUS, Respondents. OFFICE OF THE CIRCUIT No. 01-9543 MEDIATOR...

By Managing Editor
The U.S. Uniform Mediation Act and the Draft UNCITRAL Model Law on International Commercial Conciliation author.

The U.S. Uniform Mediation Act and the Draft UNCITRAL Model Law on International Commercial Conciliation

Prepared for the Practising Law Institute, March 18-19, 2002, New York This article provides an overview of the Uniform Mediation...

By Luis Miguel Diaz, Nancy Oretskin
Coming Soon To Your State?  The Uniform Mediation Act author.

Coming Soon To Your State? The Uniform Mediation Act

The Uniform Mediation Act is now being introduced in state legislatures. In every state there are Uniform Law Commissioners, whose...

By Ron Kelly
International Academy of Mediators Should Take Another Look At Uniform Mediation Act, author.

International Academy of Mediators Should Take Another Look At Uniform Mediation Act,

Links to: Initial IAM Communication opposing the UMA Initial UMA Committee Response ABA Approved UMA Most Recent UMA Committee Communication...

By Nancy H. Rogers, Richard C. Reuben
International Academy of Mediators Oppose the Uniform Mediation Act author.

International Academy of Mediators Oppose the Uniform Mediation Act

Links to: Initial IAM Letter Opposing UMA Initial UMA Committee Response Most Recent UMA Committee Response ABA Passed UMA Most...

By Managing Editor
The Uniform Mediation Act: Talking Points author.

The Uniform Mediation Act: Talking Points

POSITIVE OR CLARIFYING FEATURES COMPARED TO EXISTING LAW 1) Section 8. Confidentiality This provision does not generally exist as a...

By Robert Creo
Uniform Mediation Act author.

Uniform Mediation Act

Drafted by the NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS and by it APPROVED AND RECOMMENDED FOR ENACTMENT IN...

By Managing Editor
Sample Mediation Program: Veterans Integrated Service Network author.

Sample Mediation Program: Veterans Integrated Service Network

1. Policy. To assure a work environment that is conductive to the delivery of high quality patient services, VISN X...

By Department of Veteran Afffairs VA
Confidentiality Issues In Workplace Mediation: What Every HR Manager Should Know author.

Confidentiality Issues In Workplace Mediation: What Every HR Manager Should Know

Increasingly organizations are making use of mediation to resolve disputes between employees. Whether mediation is offered by an internal peer...

By John Ford
The Uniform Mediation Act: A Trojan Horse? author.

The Uniform Mediation Act: A Trojan Horse?

The final draft of the Uniform Mediation Act has been adopted by the National Conference of Commissioners on Uniform State...

By Robert Benjamin
Foxgate Homeowners’ Association and Bramalea California, Inc. (On Appeal) author.

Foxgate Homeowners’ Association and Bramalea California, Inc. (On Appeal)

Cartoon IN THE SUPREME COURT OF CALIFORNIA FOXGATE HOMEOWNERS’ ASSOCIATION, INC., Plaintiff and Respondent, v. BRAMALEA CALIFORNIA, INC., et al.,...

By The Supreme Court of California Court
Early Input Invited on Preliminary Draft of Ethical Standards Released by California Judicial Council Working Group author.

Early Input Invited on Preliminary Draft of Ethical Standards Released by California Judicial Council Working Group

PRELIMINARY DRAFT ETHICAL STANDARDS FOR MEDIATORS IN COURT-CONNECTED MEDIATION PROGRAMS FOR CIVIL CASES 1. PREAMBLE These standards are intended to...

By Alan Wiener

Confidentiality in Federal Alternative Dispute Resolution Programs (2000)

Full PDF Version Introduction. The subject of the document is confidentiality, which is a critical component of a successful ADR...

By Federal Alternative Dispute Resolution Council
The Identity Of A Mediator author.

The Identity Of A Mediator

The February, 2001 draft of the proposed Uniform Mediation Act defines mediation as a process in which a mediator facilitates...

By Susan Dearborn

February 2001 Draft of the Uniform Mediation Act

UNIFORM MEDIATION ACT Interim Draft February 20, 2001 SECTION 1. TITLE. This [Act] may be cited as the Uniform Mediation...

By UMA Committee
Summary Of Public ADR Workshop author.

Summary Of Public ADR Workshop

TABLE OF CONTENTS INTRODUCTION OVERVIEW FINDING GLOBAL SOLUTIONS Language and Cultural Barriers Unfamiliarity Government Approaches Substantive Legal Rules PURSUING TECHNOLOGICAL...

By Managing Editor

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