Alternative Dispute Resolution
Nov. 21, 2019
When does the mediation ever end?
Now that mediation has been broadly accepted and practiced for more than 25 years, there are present trends that may be cause for concern.
Jan Frankel Schau
Neutral
ADR Services, Inc.
1900 Ave of the Stars Ste 250
Los Angeles 90067
Email: jfschau@adrservices.org
Loyola Law School; Los Angeles CA
Yogi Berra, the late, great New York Yankees' catcher, famously said: "It ain't over till it's over." That seems to be the applicable rule for mediation of civil disputes as well. Although California Evidence Code Section 1125 (a) and (b) address the termination of the mediation process for "the purpose of confidentiality," it is common practice for parties to continue negotiations through the mediator well beyond the "10-day lapse in communication" contemplated in th...
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