A mediator with a national practice and decades of litigation experience, Bruce Friedman often contributes his thoughts on the Alternative Dispute Resolution process to well-respected legal publications. In this Law360.com article, Bruce addresses the confusion among lawyers and mediators over conflict-of-interest and disclosure requirements applicable to mediators in California. “Lawyers and mediators must know and…
DetailsI 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,…
DetailsIn 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.…
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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.
Mediation is certainly not a one-size fits all solution. In a recent article published by the ADR Times, Bruce Friedman discusses the three main styles of mediation and how each relates to the commercial case resolution process. Here’s an excerpt: “In my experience, in the mediation of commercial cases, the parties and their counsel want…
DetailsAs a litigator turned mediator, I believe it is crucial (both for myself and the parties for whom I mediate), that I stay current on relevant legal issues and practices. With that in mind, I recently attended a seminar on mediation and arbitration of insurance coverage disputes in the Lloyd’s of London insurance market. …
DetailsDuring the course of a mediation, there are opportunities for a party to exercise control in order to obtain the best result that can be achieved at a mediation. There are also critical points during the process when a party can lose control and cede it to the mediator and the other parties. A handful…
DetailsAs every litigator and experienced mediator can attest, no two mediations are the same. In fact, the mediation process can vary greatly from practice area to practice area. I have mediated class actions, insurance disputes, real estate disputes, legal malpractice claims, and countless others (to view a brief summary of my mediation experience, please click…
DetailsWe now have a new concept to add to the ADR lexicon — binding mediation. I know it sounds bizarre, how can mediation, a facilitative process to encourage the parties to voluntarily agree to settle a case, become a decision making process where the mediator dictates the terms of the settlement at the end of…
DetailsOften times toward the end of a day of mediation, when it looks like the parties cannot come to an agreement on the terms of a settlement, a party may request a mediator’s proposal or the mediator may suggest it. A mediator’s proposal is the mediators recommendation to both sides of the terms on which…
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