An important underlying principle of mediation is that communications made in the course of mediation are not admissible in other civil forums. So, is it okay to make stuff up?
There’s a Rule
California Rule of Professional Conduct 4.1 provides,
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Chatting with ChatGPT
I recently attended a webinar where the speaker stated that as facts emerged in mediation, we would be able on the spot to turn to Artificial Intelligence for a case evaluation.
Uh, no.
Don’t get me wrong. I have test-driven…
Biased? Who, me?
At the Museum of Tolerance in Los Angeles, there are two entrance doors to the exhibits, marked Prejudiced and Unprejudiced.
Try to walk through the Unprejudiced door, and you will find that you can’t. All of us are prejudiced…
Get These Extras Only in Mediation
Sometimes, parties want something they could never get in a courtroom.
Confidentiality
The most common provision in a settlement agreement that you can’t get in a judgment is a promise to keep the terms of the settlement confidential. Court proceedings…
How Inflation Affects Your Settlement
Prices keep going up for just about every component of expense, including housing, groceries, and medical care. The figure at which your claim will settle is also subject to inflationary pressure. Medical expenses and wages are significant factors in settlement…
Are You Really Ready for Mediation?
Make sure these components are in place:
Who will attend the mediation? This should include the person who holds and can modify the authority. That’s the person holding the purse strings on the defense side and important advisors to the…
Get Your Kryptonite Ready
Most of us have heard of the concept of a strawman argument. Those are the fallacious arguments you can knock over because they distort the premise to make the proponent’s point. A strawman argument might concentrate on something that hasn’t…
A Visit to the Tort Museum
Did you know there is a tort museum? Located in Winsted, Connecticut, the American Museum of Tort Law has several galleries which educate about precedent-setting cases, including a gallery which focuses on dangerous toys, a product liability issue.
You don’t…
Aftermath of the Big Verdict
Decades ago, I worked on a massive product liability case. I was involved on the coverage side rather than the case in chief.
Defend, No Matter What
The case was national in scope, with hundreds of claims. The manufacturer was…
Inflation Reduction Act Update
Will the Inflation Reduction Act affect your settlement? A prior post discussed that possibility. A year later, there are developments
The First Drug Designation
The Department of Health and Human Services has named the first ten drugs to be subject…