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Perspective

Apr. 27, 2010

New Cases Suggest 'Wimsatt Warnings' Are a Better Practice

Max Factor III of PMA and Alice Graham of Graham Law Corp. discuss three common public policy reasons for the expansive evidentiary exclusions in our mediation statutes.

By Max Factor III and Alice M. Graham

Attorney Alfred has gotten himself in a pickle. His client, Lucy, is unhappy with his performance at mediation in a case he handled for her, even though the mediation resulted in millions of dollars for Lucy. Now she is suing him based on representations she claims he made to her privately during the mediation. But Alfred cannot introduce statements made in front of the mediator or other party to the mediation because...

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