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 — both on the importance of the confidentiality laws the Supreme Court held were air-tight today and on the process itself as a common example of a failed mediation proceeding.
Highlights from the opinion:
Here’s the appellate decision that was reversed on nearly every ground raised in Justice Aldrich’s compellingly well-reasoned dissent.
Here are our previous commentaries:
Take Steps to Ensure Mediation Agreements Can Be Enforced (co-authored by local arbitrator and mediator Deborah Rothman, first published in the Daily Journal)
You Say Waiver, I Say Estoppel, Let’s Call the Whole Thing Wrong — Another Look at Simmons v. Ghaderi
If I Settle, It Will Mean that I Killed Her — Anatomy of a Failed Medical Malpractice Mediation, at the National Institute for Advanced Conflict Resolution
Here’s a view that opposes my own — Kirk Pasich Replies: the Mediation Privilege and Bad Faith Carrier Conduct.
That “Mediate, Don’t Litigate” bumper sticker may reveal a lot more about you than the fact that you support ADR — it may be warning other drivers that you’re aggressive...By Diane J. Levin