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Mediation Confidential Communications

Miles Mediation & Arbitration

The Case Within the Case: Mediating Legal Malpractice Claims

“Legal malpractice claim.” No attorney wants to hear these three dreaded words, but a malpractice claim is an unfortunate possibility when working within the legal field. Knowing more about the issues that can prompt a...more

Jaburg Wilk

Mediate, Not Litigate

Jaburg Wilk on

Your client just received a demand letter, or conversely your client wants to file a lawsuit against an adverse party. Often, the best time to resolve disputes is before the parties engage in litigation. Whether representing...more

Miles Mediation & Arbitration

Legal Malpractice Ideally Handled in Pre-Suit Mediation

The legal profession likes to present the façade of unwavering perfection, which is why an accusation of malpractice can be particularly unsettling for the attorney at whom it is lodged. These allegations can make a lawyer...more

NAM (National Arbitration and Mediation)

Before the Real Negotiations Begin: Use Good Faith Disclosure and Proactivity to Prevent Mediation Sabotage

By: Hon. John P. DiBlasi (Ret.) New York Law Journal Alternative Dispute Resolution (ADR) Special Report August 2019 The joint session of the mediation, where disputing parties speak directly to one another, is often...more

Ervin Cohen & Jessup LLP

Employment Law Reporter November 2018: Senate Bill No. 954: New Rules for Informed Consent in Mediation

Beginning on January 1, 2019, lawyers will need to make sure clients understand existing confidentiality protections for mediation communications before the client agrees to participate in mediation. Or if the client has...more

Jackson Lewis P.C.

California: What Happens In Mediation Stays (Confidential) In Mediation

Jackson Lewis P.C. on

An amendment to Section 1122 of the California Evidence Code on mediation confidentiality requires attorneys representing clients in connection with mediation to provide written disclosures to their clients about mediation...more

Snell & Wilmer

California Mediation Confidentiality May Apply to Third Party “Participants” Retained to Provide Analysis

Snell & Wilmer on

California Evidence Code section 1119 governs the general admissibility of oral and written communications generated during the mediation process. Section 1119(a) provides that “[n]o evidence of anything said or any admission...more

Carlton Fields

Excluded Evidence: Is Your Proffer Sufficient To Preserve The Error?

Carlton Fields on

Just because you know what your excluded evidence would have shown does not mean that the trial court knows and, as importantly for appellate purposes, that the appellate court can glean from the record the substance of the...more

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