In Fair v. Bakhtiari, 19 Cal.Rptr.3d 591 (Cal. Ct. App. 2004) the appellate course reversed the trial court’s refusal to enforce a mediated settlement and compel arbitration pursuant to its terms because inclusion of the arbitration provision in the settlement was “consistent solely with an intention on the part of the parties for the settlement terms document to be enforceable or binding,” thereby making the settlement admissible based on a statutory exception to inadmissibility where an “agreement provides that it is enforceable or binding or words to that effect.”
For the past decade, as part of the annual Minnesota State Bar Association ADR Institute, Hamline Professor James Coben has been producing short videos illustrating mediation litigation. Mediate.com is proud to now assist in the further distribution of these exceptional teaching and learning resources.
This enactment may portray “less than optimal” mediator performance. Rest assured that you are not at risk by hiring any of the ADR Institute Players as neutrals (or lawyers), despite what you see on the tape. The videos are fictional reenactments of the mediations underlying the published litigated cases.
A chance encounter In 2014 Greg Pollock was attending a conference in the USA when he met a person he couldn’t ignore. Colin Rule, a man, whose life’s work is...
By Keri MorrisKluwer Mediation BlogBefore I left my law firm in the late 1990's David Maister, a Boston management guru of whom many of you will know, was the darling of every...
By Geoff SharpSpouses who are planning to get a divorce in New Jersey in 2023 are in for a very unpleasant surprise. There is a major court backlog that is causing significant...
By Roseann Vanella
