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Alternative Dispute Resolution

Dec. 23, 2011

Mediation: The year in review and predictions for 2012

One forecast for 2012: Courts will suffer, private mediators will gain. By Matthew P. Guasco of Judicate West


By Matthew P. Guasco


This article takes a look at some of 2011's more noteworthy developments and forecasts what is in store for mediation in 2012.

The mediation privilege remains absolute. The state Supreme Court kept faith with its seminal decision in Rojas v. Superior Court (2004) 33 Cal.4th 407 by precluding a former client from proving that his attorney gave him bad advice to settle a case during a mediation because those stat...

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