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News & Blog

Mar192012

The Letterman List

By bfriedmanMarch 19, 2012

Each week I set aside time to gather information about the mediation process that I believe my colleagues will find useful.  As a mediator and former litigation partner, I understand the issues and concerns that affect the parties and aim to be a reliable resource for all things mediation. That being said, add this to…

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Mar162012

3 Styles of Mediation

By bfriedmanMarch 16, 2012

As any experienced neutral knows, there are several different approaches to mediation: facilitative, evaluative and transformative. The key to being a successful mediator, as far as the parties are concerned? Adopting oneself to fit each mediation’s particular needs. Evaluative mediation is a process modeled on settlement conferences held by judges, where the goal is often to…

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Mar142012

Different Forms of Nonverbal Communication Used in Mediation

By bfriedmanMarch 14, 2012

As we have discussed in previous posts, nonverbal communication plays an important role in the mediation process. When one party is speaking, it is crucial for the mediator to observe what he is not saying — through his body language. Nonverbal communication cues can play five roles: Repetition: of the message the party is making…

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Mar122012

A Lesson In Insurance Policy Interpretation

By bfriedmanMarch 12, 2012
How should an experienced Southern California mediator review an insurance policy? In a recent article in the Los Angeles Daily Journal, Superior Court Judge Rex Heeseman, author of the Rutter California Insurance Guide, gave some very valuable advice with respect to interpreting insurance policies.  According to Judge Heeseman: evaluate the whole insurance policy in order to interpret specific terms within it.
The recent California case of Wallman v. Suddock 200 Cal. App. 4th 1288 (2011) is the subject of the article.  Judge Heeseman points out that rather than argue that a specific term is ambiguous (in this case the phrase in an excess policy, “To Be Determined,” as a reference to the underlying primary policies), look at the entire policy.  Judge Heeseman believes that the question is not whether the term is ambiguous in the abstract, but whether it is ambiguous in the context of the specific policy.
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Mar92012

Nonverbal Communication in Mediation

By bfriedmanMarch 9, 2012

As many lawyers are aware, good communication is the foundation of a successful attorney / client relationship. Before a mediation begins, it is important for the lawyer to have an honest discussion with his client about what the client is hoping to achieve from the mediation. After all, in order for an attorney to accomplish…

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Mar72012

Mediation, Settlement Negotiations, and Legal Malpractice

By bfriedmanMarch 7, 2012

Best practices encourage attorneys to fully advise clients of the risks and benefits of continuing settlement negotiations after one party has received an offer within the client’s state acceptable range. The client’s attorney might believe his client can obtain a better offer by rejecting it and negotiating further, but as most lawyers know, the client…

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Mar52012

Preparing Your Client for Mediation

By bfriedmanMarch 5, 2012

Mediation is becoming an increasingly popular form of alternative dispute resolution. As more litigants turn to an experienced mediator to assist them in resolving their issues, it is important for attorneys to properly prepare their clients for the mediation process. Whether your client is an in house lawyer familiar with the mediation process or a first…

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Mar22012

California Heightens Doctrine of Mediation Confidentiality

By bfriedmanMarch 2, 2012

Hopefully most California mediators are well-versed in case law surrounding their practice, but are a majority of the lawyers who rely on these neutrals aware of the doctrine of mediation confidentiality as it relates to potential malpractice suits? Recently, a unanimous decision at the state Supreme Court raised California’s doctrine of mediation confidentiality to a higher…

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Feb292012

Court Orders Man to Apologize on Facebook

By bfriedmanFebruary 29, 2012

Imagine if a judge took to Facebook to issue an order.  Twenty years ago such an idea was unfathomable.  Even a few years ago it was considered absurd.  But not today, in our internet-focused society.  Recently, a court in Ohio told a man found in contempt due to a violation of a protective order against…

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Feb272012

What to Look For in a Skilled Mediator

By bfriedmanFebruary 27, 2012

Choosing the right mediator does not have to be a stressful choice.  There are certain qualities and characteristics that, during my years of practice, I’ve learned make a mediator great.  To that point, before I was a mediator, I was a litigator for 37 years and a consumer of mediation services.  As a litigator, what I…

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Blog Categories
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  • Bruce's Corner(30)
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  • Mediation(39)
  • Publications(5)
Recent Posts
  • Bruce Friedman Discusses the Early Mediation of Insurance Coverage Cases on Law.com
    March 24, 2016
  • As Featured on Law360: Shepherding Insurers Through The Mediation Process
    October 9, 2015
  • Featured on Law.com: Impasse-Busting Techniques – Part 2
    September 10, 2015
  • As Featured on Law.com: Effective Impasse Busting Techniques
    May 8, 2015
Testimonials
  • [Bruce] knows when to talk, when to listen, and how to work the room.”

    James Thompson
    JPT Legal
  • Bruce took time to point out parts of each side’s case that could be made stronger and parts that could be deemphasized or omitted. Bottom line: the client came out of the exercise with a more focused case and better able to advance its positions. Bruce was superb.

    Ellis Mirsky
    The Network of Trial Lawyers
  • Bruce was prepared and understood the issues and the practical aspects of the cases. I really appreciated Bruce’s efforts in continuing to work with me and opposing counsel and his perseverance in settling the case.

    Frederick S. Reisz
    Meyers McConnell
  • I have known Bruce for years and highly recommend him. As a native New Yorker, he will be hearing significant matters in NYC as well as in L.A.

    Jeffrey Kravtiz
    Fox Rothschild
  • Bruce’s willingness to continue to follow up with both sides to settle the matter and his efforts in speaking directly with the clients to explain the issues and possible outcomes should the case proceed to trial were invaluable.

    P. Garrell
    Liner Law Firm
  • From the outset of the mediation, it was clear that Bruce understood the case and structure of a class action settlement. He was effective in his discussion of the issues in the case and made many helpful and constructive suggestions with respect to the negotiating process and the settlement terms.

    Tim Blood
    Blood, Hurst & O'Reardon LLP
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