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Perspective

Apr. 24, 2010

Will Porter v. Wyner and Cassell Change Mediation Forever?

Max Factor III of PMA and Alice Graham of Graham Law Corp. examine recent cases that carve a judicially created exception to mediation confidentiality for private-attorney client communications.

By Max Factor III and Alice M. Graham

Lucy and her attorney, Alfred, walk the short block to the offices where the mediation is to take place. After several hours of intense negotiations at mediation including Alfred's direct threat, privately made, to withdraw as legal counsel unless Lucy agrees to a settlement of $6.7 million, Lucy agrees to and executes a $6.7 million settlement agreement, of which $1.6 million is for attorneys fees and costs.

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