Despite the fact that negotiation, mediation and arbitration are alternatives to dispute resolution in the courts, the courts and legislature have a lot to say about how those processes work and what we as attorney [...]
California has long favored private negotiation and settlement of civil disputes. The state legislature has expressly stated that “[t]he peaceful resolution of disputes in a fair, timely, appropriate, and cost-effective manner is an essential function [...]
Settle-and-Sue Case Development Biller v. Faber, 2nd District No. B244232, 2016 WL 1725185 ( Apr 27, 2016) – Settlement malpractice lawsuit properly dismissed because the attorney defendant is precluded from presenting a defense due [...]
Mediation Confidentiality Development Progressive Casualty Insurance Company, Inc. v. Noland, 2nd District No. B253986, 2016 WL 335961 (Jan 27, 2016) – Trial court did not err in excluding parol or extrinsic evidence of statements [...]
Statutory Exceptions to Mediation Confidentiality Moving Forward - Draft Legislation re Proposed Evidence Code § 1120.5 California has long favored private negotiation and settlement of civil disputes. The state legislature has expressly stated that [...]
Negotiation is an ancient process – used to transact business and resolve disputes. The negotiation process is anchored on each party’s word – on what they promise to do. Fundamentally, negotiation [...]