Bruce Friedman – Friedman Mediation

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…more

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…more

The legal malpractice case presents a number of interesting substantive and insurance coverage issues that must be addressed in mediation in order to settle the case. The substantive elements of the claim must be analyzed by…more

In general, I believe that the approach to the mediation of an insurance coverage and bad faith case is similar to mediations in other substantive areas of law. However, there are a few differences; including the analysis of…more

In my experience, in the mediation of commercial cases, the parties and their counsel want an evaluative mediation approach. I have found that even if a mediation is unsuccessful, the parties and counsel seem satisfied if they…more

As 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…more

As 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…more

We 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…more

In my view, the mediator’s proposal is overused and abused. It is not an appropriate settlement technique in most cases, yet it is used too often out of frustration at the conclusion of an unsuccessful mediation. When is a…more

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 in certain…more

During 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…more