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mediation confidentiality
Insurer’s Due Process Rights Trumps California’s Mediation Confidentiality Statute
May 14, 2014
A federal trial court concluded that California’s strict mediation confidentiality provisions were not applicable in a bad faith claim by homeowners against their insurer, as the insurer needed to be able to show that its failure to settle the case was the result of the homeowners’ excessive demands in mediation. The court relied on the seminal California Supreme Court case, Cassel v. Superior Court, in which due process is recognized as a limit on the mediation confidentiality statute, even...
May 14, 2014
A federal trial court concluded that California’s strict mediation confidentiality provisions were not applicable in a bad faith claim by homeowners against their insurer, as the insurer needed to be able to show that its failure to settle the case was the result of the homeowners’ excessive demands in mediation. The court relied on the seminal California Supreme Court case, Cassel v. Superior Court, in which due process is recognized as a limit on the mediation confidentiality statute, even...
Bad Faith Claim Collides With Mediation Confidentiality and Opening Offer
April 17, 2014
Assertions that a bank failed to make an offer in good faith during mediation with a homeowner were rejected due to mediation...
April 17, 2014
Assertions that a bank failed to make an offer in good faith during mediation with a homeowner were rejected due to mediation...
Oral Settlement Agreement Not Enforceable Due to Disagreement over Material Term
January 23, 2014
While the parties agreed that an oral settlement agreement had been reached in mediation, a Delaware court refused to enforce it because of disagreement over the scope of the release, which the court concluded was a material term. Mediation confidentiality was waived by the parties relying on mediation communications. However, statements of the mediator during the mediation were generally excluded as hearsay because the court found no applicable hearsay exception. United Health Alliance v. United...
January 23, 2014
While the parties agreed that an oral settlement agreement had been reached in mediation, a Delaware court refused to enforce it because of disagreement over the scope of the release, which the court concluded was a material term. Mediation confidentiality was waived by the parties relying on mediation communications. However, statements of the mediator during the mediation were generally excluded as hearsay because the court found no applicable hearsay exception. United Health Alliance v. United...
Indiana Supreme Court Rejects Exception to Mediation Confidentiality
May 28, 2013
In a strongly worded opinion in support of mediation confidentiality, the Indiana Supreme Court vacated the appellate court’s...
May 28, 2013
In a strongly worded opinion in support of mediation confidentiality, the Indiana Supreme Court vacated the appellate court’s...
Mediator Town Hall Invites Discussion of Los Angeles ADR Closure
February 2, 2013
I approached SCMA with the idea of doing a Town Hall in 2003 when the mediation community was divided like the red sea over the Rojas v. Superior Court Case. That case pitted the confidentiality of the mediation process (and the evidence of mold discovered during a mediation, and its eventual remediation) against the needs of the families who had mold spores in their lungs and no way to prove liability, short of breaking the confidentiality of the underlying mediation. That year, SCMA and CDRC,...
February 2, 2013
I approached SCMA with the idea of doing a Town Hall in 2003 when the mediation community was divided like the red sea over the Rojas v. Superior Court Case. That case pitted the confidentiality of the mediation process (and the evidence of mold discovered during a mediation, and its eventual remediation) against the needs of the families who had mold spores in their lungs and no way to prove liability, short of breaking the confidentiality of the underlying mediation. That year, SCMA and CDRC,...
IAM Newsletter: Indiana Court Creates Exception to Mediation Confidentiality
January 22, 2013
IAM Newsletter: Indiana Court Creates Exception to Mediation Confidentiality http://goo.gl/nNiK2
January 22, 2013
IAM Newsletter: Indiana Court Creates Exception to Mediation Confidentiality http://goo.gl/nNiK2
