23 Jul: Mediation Message No. 72

MICHAEL MARCUS’S MEDIATION MESSAGE NO. 72 MEDIATORS ARE NOT POTTED PLANTS Mediation confidentiality, which allows attorney incompetence and insolence to go unchecked until the Legislature says otherwise (see Cassel v. Superior Court (2011) 51 Cal.4th 113), can create occasional problems for mediators. Although we cannot report attorney misconduct to the court (see Foxgate Homeowners’ Association v. Bramalea California, Inc. (2001) 26 Cal.4th 1) and have no power to ensure the substantive fairness of an agreement…

10 Aug: Mediation Message No. 54

PROPOSED ETHICAL RULE CONCERNING MEDIATORS AND ARBITRATORS The State Bar’s Special Commission for the Revision of the Rules of Professional Conduct (RRC), which is rewriting California’s Rules of Professional Conduct, has out for public comment eleven proposed ethical rules, one of which (rule 1.12) concerns mediators, arbitrators and former judges. The comment period for these rules ends on November 13, 2009. California does not have an existing ethical rule for the conduct of mediators and…