The Ethical Neutral

I have encountered some confusion among lawyers and mediators over conflict of interest and disclosure requirements applicable to mediators in California.  Some say there are no requirements at all.  Others say that there are rules requiring disclosure.  Turns out, both sides are right.  In court ordered mediations conducted by panel mediators, California Rules of Court,…

Conducting a Multicultural Mediation

In our multi-cultural society, disputes arise between individuals from different ethnic, racial and cultural backgrounds and between businesses, both domestic and international, run by these individuals.  The cultural background of the parties to a litigated dispute plays an important role in how they approach dispute resolution generally and their comfort level with the negotiating process.…

Bruce A. Friedman Publishes Article on Insurance Coverage Mediations

Bruce A. Friedman, a mediator and arbitrator with a national practice, was recently published in Law360. Drawing on his more than 35 years of litigation experience, Bruce drafted a brief article describing the issues many litigators face during a mediation for an insurance coverage and bad faith claim. In the article, Bruce also provided solutions for all parties, including the mediator.

The article can be found on Law360.com here. Or continue reading for the full article.

CA Court of Appeal Rules on Arbitrator Disclosure

Recently, the California Court of Appeal, Second Appellate District, ruled that an arbitrator in a legal malpractice/attorneys fee dispute did not violate the disclosure requirements in the California Arbitration Act when his disclosure statement did not disclose the following: That he [the arbitrator] was a member of the Los Angeles County Bar Association Appellate Executive…

Consider the Moot Mediation

In the appropriate case, a moot mediation is the best way to prepare for a mediation and to obtain the most favorable result. Usually, one should only consider the use of a moot mediation in a large exposure case that justifies the expense of hiring an experienced mediator to conduct a ‘practice’ mediation. If you…