Wednesday, January 17th, 2018

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  
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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 […]

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  
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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  
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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 […]

The Emotional Satisfaction of Mediation Over Adverse Litigation

January 24, 2013 by  
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Attorneys see it every day—frustrated litigants who feel their voices have not been heard and their pain has gone unacknowledged by the judicial system. It is sometimes easy to forget that clients have emotional needs that courts are ill equipped to fulfill. The San Francisco Bay Area Mediation Office of Kevin C. Coleman offers disputants the […]

Mediation Confidentiality Reinforced in Provost Case

January 24, 2013 by  
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The San Francisco Bay Area Mediation Office of Kevin C. Coleman carefully monitors legislation and case law affecting mediation confidentiality and attorney-client privilege. Mediation confidentially is required to maintain the open and candid environment necessary for satisfactory dispute resolution. After the California Supreme Court held there are no exceptions to the mediation confidentiality statute in Cassel […]

Attorney Considerations for Mediation Confidentiality After Cassel

January 24, 2013 by  
Filed under Newsletters

Mediation confidentiality had been fairly sacrosanct in California, and now even more so after last year’s state Supreme Court decision Cassel v. Superior Court, 51 Cal. 4th 113 (Cal. 2011). In the aftermath of Cassel, mediators and lawyers must address certain ethical questions regarding confidentiality and client disclosure. Are There Exceptions to Mediation Confidentiality? Mediation […]