Mediation Blog
Who should attend a mediation?
One of the most frustrating endings to a mediation happens when parties have all agreed on the terms and realize that someone whose signature is needed to approve the deal is not pre-sent. It might be someone who has a community property interest or other joint interest in property or money that...
Ulterior motives in mediations
Marshall McLuhan famously wrote, “The medium is the message,” referring to modern mass communications. When people come to mediations having no intention of negotiating, the mediation is the message, and it’s one that can be stated rudely in two words. This tactic is sometimes used to send the...
It’s not only about money
Mediations often focus on money, right from the start. Money may also be the last item in a settlement that is agreed-upon. But it’s important not to lose sight of non-monetary deal points that, if left until the last minute, can pull the reins on a mediation that had been racing toward the...
CA Confidential
Attorneys representing clients in California mediations must obtain their clients’ written, signed acknowledgement that they understand California’s mediation confidentiality laws. California Evidence Code section 1129–new in 2019–requires attorneys to notify clients in advance of a mediation that...