This article was also published by the American Bar Association’s Section of Litigation, Alternative Dispute Resolution Committee. In Pales v. Carrillo, 2013 IL App (1st) 123107-U (Dec. 12, 2013) (unpublished order), the Illinois Appellate Court addressed the rare issue of the viability of a claim against a mediator by a disappointed litigant. The plaintiff hired the… Continue reading Illinois Court Dismisses Claim Against Mediator, But Implies That Valid Claim Exists
This article was also published by the American Bar Association’s Section of Litigation, Alternative Dispute Resolution Committee. In Fogh v. Los Angeles Film Schools, 2012 WL 6604709 (Cal.App. 2012), the plaintiff won a $13,972 judgment plus a statutory fee award of $96,800. On appeal, the defendant argued that the plaintiff should not get any fees incurred… Continue reading Are there consequences to turning down an offer in mediation?
There are an increasing number of reported cases in which the parties end up fighting about what occurred in a mediation. These disputes include whether a settlement was reached, what the terms of the settlement were, and whether one party acted in bad faith. It is logical in such situations to turn to the neutral… Continue reading Mediator’s Reports
It may seem obvious, but don’t rely on any facts and figures or other information provided during a mediation. In The Facebook, Inc. v. Connectu, Inc. (9th Cir. 2011), the parties settled a case in mediation, and then one side then sued the other that claiming they were defrauded in the mediation. (If you’ve seen… Continue reading Don’t rely on anything you’re told in mediation