The Mediator’s Proposal: If Both Sides Say Yes, Make Sure It’s Binding

From the Blog of Phyllis G. Pollack.      On at least three other occasions, I have discussed how important it is to prepare for a mediation. I first wrote about it...

From Michael Carbone's Resolving It newsletter.In 1997 the California Legislature enacted Evidence Code Sections 1115-1128, which established mediation confidentiality as an evidentiary exclusion in California. The purposes of this legislation...

Common ground is often overrated. For many new and even relatively experienced mediators there’s a kind of ‘holy grail’ quality attached to finding common ground. From the outset, each utterance...