18 Dec: Mediation Message No. 139

EIGHTH ANNUAL YEAR-END REVIEW This year’s eleven Mediation Messages and one Arbitration Insight include observations about mediation processes, the appealing of arbitration awards, employment law, evidence and civil procedure. Refer to my website (www.marcusmediation.com) for the Mediation Messages and Arbitration Insight identified below if the following summaries do not suffice. Mediation “Basic Introductory Remarks at Mediation” (March; Mediation Message no. 131): If a plaintiff, defendant or representative of either is unfamiliar with the mediation process,…

10 Aug: Ethical Issues in Mediations and Arbitrations

ETHICAL ISSUES IN MEDIATIONS AND ARBITRATIONS HON. MICHAEL D. MARCUS (RET.) ADR SERVICES, INC. 1900 AVENUE OF THE STARS, SUITE 250 LOS ANGELES, CALIFORNIA 90067 I. MEDIATION ETHICS Some of the ethical responsibilities apply to the mediator, some to the parties and some to all involved.

10 Aug: Mediation – Why It Works and How To Use It Effectively

MEDIATION – WHY IT WORKS AND HOW TO USE IT EFFECTIVELY JUDGE MICHAEL D. MARCUS (RET.) ADR SERVICES, INC. LOS ANGELES, CALIFORNIA A. THE NATURE OF THE MEDIATION PROCESS Mediation of law suits has both necessarily and justifiably become an integral part of the civil litigation experience; “necessarily” because litigation is so unpredictable and expensive and “justifiably” because of all the benefits mediation brings to the plaintiffs and defendants who take part in the process.

10 Aug: Mediation Ethics

MEDIATION ETHICS JUDGE MICHAEL D. MARCUS (RET.) Two ironies exist involving ethical standards in mediations. The first is that mediation, an important component of the civil justice system, is lightly regulated. That may be an oversight but, anecdotally, the system appears to be working well without the need for increased oversight. The second irony, as discussed later on, is that, because of the scope of mediation confidentiality provided by Evidence Code sections 1119 et seq.,…

10 Aug: Civility Guidelines

CIVILITY GUIDELINES Judge Michael D. Marcus (Ret.) ADR Services, Inc. 1900 Avenue of the Stars, Suite 250 Los Angeles, California 90067 INTRODUCTION Civility has been defined as “well-mannered behavior toward others;” “good manners” and “A courteous act that contributes to smoothness and ease in dealings and social relationships with others.” Inthe legal context, uncivil behavior (sometimes boorish, sometimes rude – but always over-the-top, unnecessary and often prejudicial) is the cause for war stories as well…

10 Aug: Ethical pitfalls for the single or small office practitioner

ETHICAL PITFALLS FOR THE SINGLE OR SMALL OFFICE PRACTITIONER HON. MICHAEL D. MARCUS (RET.) ADR SERVICES, INC. 1900 AVENUE OF THE STARS, SUITE 250 LOS ANGELES, CALIFORNIA 90067 Single or small office practitioners face unique ethical challenges because their size dictates that they must often operate in several critical areas without support. These problem areas and their related ethical obligations include:

10 Aug: Approach Mediation Like A Court Trial

APPROACH MEDIATION LIKE A COURT TRIAL Judge Michael D. Marcus (Ret.) Since most civil cases settle rather than are tried, mediation of those cases assumes critical importance because it becomes, in effect, your “day in court.” Thus, attorneys should approach this phase of the litigation process as if it were a court trial, rather than just another settlement conference, because there is a direct correlation between extensive mediation preparation and the realization of expectations. The…