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…
DetailsAs many of my colleagues are aware, the Central District of California established a Mediation Panel (pursuant to Local Rule 16-15.4) to handle various cases that come before the court. Accordingly, the Panel consists of ‘qualified and impartial attorneys who encourage the fair, speedy, and economical resolution of civil actions;’ an appointment I am proud…
DetailsSome trial lawyers look down at mediation as a sign of weakness and lack of confidence in one’s case. However, after experiencing mediations as both a trial lawyer and a mediator, there is more to a mediation than initially meets the eye. getting a loan bad credit http://ieetech.com/quickcash As many experienced litigators can agree, one…
DetailsBruce Friedman, a well-respected mediator at Friedman Mediation and partner at Bingham McCutchen, was recently honored with placement in Chambers USA Guide 2012 for his dedication to and experience in the practice of law. The award reflects both pre-eminence in key practice areas and achievements over the last 12 months; including notable work, strategic growth, excellence…
DetailsThese days, cutbacks in court funding are pushing cases to mediation earlier and earlier. Cases from securities to entertainment law are being settled with the assistance of an experienced mediator. For many lawyers, this can be a nerve-wracking experience. After all, the idea of sitting across from opposing counsel and attempting to come to an agreement on…
DetailsIn 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…
DetailsAttending one’s first, or fifteenth, mediation can be nerve-wracking. You might not be sure where the other party stands or maybe you’ve never met the mediator and don’t know what kind of neutral to expect. No matter the reason, here are a few tips to make sure you can walk into your mediation with confidence. 1. Make sure…
DetailsWhile I have greatly enjoyed my transition into mediation, there are still moments and cases that I find difficult. For example, I recently had to inform a former U.S. soldier and paraplegic that he is likely to lose his bad faith lawsuit for hospital benefits under an Accident & Health insurance policy. The soldier is an…
DetailsAny lawyer with significant litigation experience has had the pleasure of dealing with opposing counsel who just cannot pull the trigger on settlement; a non-mythical creature known as ‘the reluctant lawyer.’ Settlement conversations with the reluctant lawyer can be very frustrating and often lead to a desire to get a mediator involved in the hope…
DetailsAs with most aspects relating to the practice of law, there are many traits that differentiate one legal professional from another. For example, successful litigators can be aggressive or soft-spoken. Mediators can be pushy or patient. The key is to finding what works for you and your practice. As a former litigator turned mediator, I…
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