Wednesday, January 17th, 2018

Staying Present at Contentious Mediation

June 9, 2014 by  
Filed under Newsletters

I received an unintentional affirmation from my old friend Gary.  I’ve known Gary forever, literally – our moms were pregnant together.  He’s very smart, a clear headed thinker and an excellent golfer.  He was describing his golf match (as golfers are of wont to do) in which he was playing for his club against another […]

Secrets of Lawyers Who Get Their Cases Settled

March 28, 2014 by  
Filed under Newsletters

There’s No Bigger Secret Than Being Prepared “Before anything else, preparation is the key to success”  Alexander Graham Bell In my years settling cases, I’ve found similarities in the cases that settle and the attorneys that settle them.  There are many reasons cases don’t settle, but not being prepared is the root of all. To […]

The Benefits of Having an Attorney at Pre-Litigation Mediation

November 22, 2013 by  
Filed under Newsletters

As we know, many disputes can be resolved through mediation before a lawsuit is filed. Mediation is a non-adversarial setting to attempt to resolve a dispute before entering into litigation. Disputes mediated prior to litigation save the time, expense and anxiety of a lawsuit. Parties interested in preserving business or other relationships use pre-litigation mediation […]

Creative Solutions in Mediation to Soften Hard-Line Positions

October 22, 2013 by  
Filed under Newsletters

Litigation, as an adversary proceeding, encourages parties to take hard-line positions that carry high risks. Litigation is not very flexible – it forces sides in a dispute to attempt to resolve it through a highly structured environment with limited remedies. Mediation offers all parties the opportunity to find more creative, thoughtful and efficient solutions to […]

Private Caucusing in Mediation Offers You Options

August 28, 2013 by  
Filed under Newsletters

Our Methods of Confidential and Effective Dispute Resolution When you are involved in a legal dispute, litigating the case all the way to trial, besides being very expensive, is always risky. Parties that have already entered litigation who wish to explore alternatives while the case is pending will often consider mediation. At mediation you can […]

California Case Law Alert: Corenbaum v. Lampkin

August 20, 2013 by  
Filed under Newsletters

Court Limits Admissibility of Medical Billing for Future and Non-Economic Damages In Corenbaum v. Lampkin, B236227 (Los Angeles County Super.Ct.No. NC054159), the California Court of Appeal, Second Appellate District,  Division Three released a ruling on April 30, 2013 that will affect attorneys, plaintiffs and defendants across the state. The appeals court ruled that evidence of […]

The Monty Hall Problem

July 10, 2013 by  
Filed under Newsletters

Lawyers make decisions based on probabilities all the time, but we may not understand how they truly work.  Consider the Monty Hall Problem. It’s named, of course, after Monty Hall and the game show he hosted for years, Let’s Make a Deal.  You remember Let’s Make a Deal, right? At the end of the show, […]

Mediation as a Precondition to Attorney Fees

May 2, 2013 by  
Filed under Newsletters

California Courts Uphold Standard Real Estate Clause The standard California Residential Purchase Agreement contains a common contract clause stating mediation is a precondition for an award of attorney fees.  The courts have upheld these clauses, even if one side believes it has a good excuse to refuse participation in mediation. The contract in Cullen v. […]

Everyone Can Win When Families Mediate Trust and Will Disputes

January 24, 2013 by  
Filed under Newsletters

There are few disputes more devastating than grieving relatives embittered in contested estate, trust or will litigation. Every family member is already hurt and suffering from loss, and this pain can manifest itself in extreme anger and bitterness. The San Francisco Bay Area Mediation Office of Kevin C. Coleman offers mediation services for estate, will […]

Flexibility of Alternative Dispute Resolution – Bowers v. Raymond Lucia

January 24, 2013 by  
Filed under Newsletters

Alternative dispute resolution (ADR) offers attorneys and their clients’ a number of options, each procedure presenting a variety of benefits to best suit the specific situation. ADR, including but not limited to mediation and arbitration, offers attorneys and clients flexibility that contested litigation simply cannot offer. Parties can even switch from one process to another—without […]

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