Month: May 2014

Mediation/Confidentiality: First District, Division 2 Agrees That Trial Court Did Not Err By Excluding 46 Documents From Evidence Based On Mediation Confidentiality

May 6, 2014 · Mediation: Confidentiality

Confidentiality Provisions Are “Clear And Absolute.” Yet again, the Court of Appeal reminds us, “[w]e have repeatedly said that these [mediation] confidentiality provisions are clear and absolute.” Syers Properties III, Inc. v. Rankin, et al., Case No. A136018 (1st Dist. Div. 2 May 5, 2014) (Kline, Haerle, Brick) (unpublished). In fact, I am convinced […]

Arbitration/Costs: Public Interest Organization Public Citizen Claims Arbitration In Vast Majority Of Cases Will Increase Litigation Transaction Costs

May 1, 2014 · Arbitration: Costs

But The Post Does Not Tell The Whole Story Public Citizen, a nonprofit public interest organization, in a somewhat dated (2010?) post contends: “Not only is there no evidence that arbitration reduces the overall transaction costs of litigation (e.g. witness fees, attorney fees, discovery costs), but nobody has expounded a coherent theory to explain […]