An Inquiry Into Mediator Ethics With The Help Of AI We published an inquiry into mediation ethics with the assistance of AI in 2025 in the last issue of California Litigation, the journal of the Litigation Section of the California Lawyers Association. With the permission of the journal and the CLA, it is republished here […]
How Might ABA Opinion 518 Impact California Mediation Practice? The ABA Standing Committee on Ethics and Professional Responsibility issued Opinion 518 on October 15, 2025 to provide guidance on avoiding misleading communication by mediators. The Opinion distinguishes the mediator’s and advocate’s roles. Attorneys in negotiations puff all the time. Under Opinion 518, mediators are not […]
And Provides Us With A Legislative Update . . . Molecule Man. Edward R. Roybal Federal Building. Implicit bias is a hot topic that is, or should be, of concern to mediators, arbitrators, judges, attorneys, and clients. Mediator Phyllis Pollack, who also lectures about ADR ethics at the USC Gould School of […]
Language Of Arbitration Agreement Was Sufficient To Require Arbitration, But . . . . In Salgado v. Carrows Restaurants, Inc., B285756 (2/6 2/26/19) (Gilbert, Yegan, Tangeman), the trial court denied employer's motion to compel arbitration, on the grounds that "Defendants have failed to demonstrate that the arbitration agreement applies to a suit that […]
Marc Alexander (This Blogger) And Mike Hensley Represented Defendants In Their Successful Response To This Appeal. Today* we stray from our usual beat, California mediation and arbitration, to mention an appeal resulting in a partially published opinion. Why? Because this blogger, Marc Alexander, was involved, and because his long-time colleague Mike Hensley, with […]