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,…

18 Dec: Mediation Message No. 128

MICHAEL D. MARCUS’S MEDIATION MESSAGE NO.  128 SEVENTH ANNUAL YEAR-END REVIEW This year’s Mediation Messages and Arbitration Insight combine observations about mediation, procedural law that impacts litigation or settlement, expert testimony, rules of evidence at arbitration and trial tactics. Refer to the Mediation Messages identified below on my website (www.marcusmediation.com) if the following summaries are not sufficient. MEDIATION The parties only caucus (April – Mediation Message no. 121): This is a process in which no…

27 Jul: Mediation Message No. 117

MICHAEL D. MARCUS’S MEDIATION MESSAGE NO. 117 THE SIXTH ANNUAL YEAR-END REVIEW This year’s Mediation Messages combined observations about mediation, procedural case law that impacts litigation or settlement, ethical mandates for attorney behavior and one case about tactics. Refer to the Mediation Messages identified below on my website (www.marcusmediation.com) if the following summaries are not sufficient. Mediations Amis v. Greenberg Traurig LLP (2015) 235 Cal.App.4th 331 (discussed in Mediation Message no. 108) reminded that Cassel…

28 Dec: Mediation Message No. 105

MICHAEL D. MARCUS’S MEDIATION MESSAGE NO. 105 THE FIFTH ANNUAL YEAR-END REVIEW Once again, I’m summarizing the subjects I wrote about in the previous eleven months. This year’s Mediation Messages focused essentially on substantive and procedural subjects that impact a case or settlement, rather than mediation, itself, because the courts and legislature did very little in 2014 to effect how mediations are or should be conducted. Refer to the Mediation Messages identified below on my…

07 Jul: Mediation Message No. 93

MICHAEL D. MARCUS’S MEDIATION MESSAGE NO. 93 THE FOURTH ANNUAL YEAR-END REVIEW Once again, I’m summarizing the mediation and arbitration topics I wrote about in the previous eleven months. Before discussing them, thank you for your support in helping me to be honored by the Daily Journal as a Top 50 California Neutral for the sixth time in the last seven years. This year’s Mediation Messages started with an analysis of two true mediation topics…

22 May: Mediation Message No. 82

MICHAEL D. MARCUS’S MEDIATION MESSAGE NO. 82 THE THIRD ANNUAL YEAR-END REVIEW For the third year in a row, I’m reviewing the mediation and arbitration topics I wrote about in 2012. Before discussing them, thank you for your support in helping me to be honored as a Top 50 California Neutral by the Daily Journal for the fifth time in the last six years. I wrote about arbitration issues for the first three months of…

23 Jul: Mediation Message No. 73

MICHAEL D. MARCUS’S MEDIATION MESSAGE NO. 73 THE SECOND ANNUAL YEAR-END REVIEW Like last year, I’m summarizing the mediation and arbitration topics I wrote about in 2011. Before discussing them, thank you for your support in helping me to be honored by the Daily Journal for the fourth time in the last five years as a Top 50 California Neutral. Mediation confidentiality was the big news this year. Cassel v. Superior Court (2011) 51 Cal.4th…

01 Mar: Mediation Message No. 65

A YEAR-END REVIEW I thought it would be timely to summarize the mediation topics in alphabetical order that I’ve written about this year and also provide a heads up about an important development in mediation confidentiality that will take place early in 2011. Before discussing them, thank you for your support in helping me be honored by the Daily Journal for the third time in the last four years as a Top California Mediator-Arbitrator. Compelling…

10 Aug: Mediation Message No. 47

A GUIDE TO THE LAST SIX YEARS OF MEDIATION MESSAGES Since I’ve covered a lot of ground in the six years that I’ve been writing my “Mediation Messages,” it’s time to review and organize the subjects that have been discussed. Mediation is a dynamic process; there is no pre-determined way in which it should be conducted. Its course and scope depend upon the facts, the parties and, to a lesser extent, the applicable law. (See…