Archive for the ‘Other Writings’ Category

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.
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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.
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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., a violation of ethical standards will rarely result in judicial, legal or disciplinary repercussions.
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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 as anger, frustration and disappointment among the attorneys on the receiving end.
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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:
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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 following are recommended steps, many of which are used in trial preparation, for achieving the best results at mediation for your clients:
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