Here in California, there’s no stronger rule of confidentiality than that applied to a mediation. It cannot be impliedly waived ( Simmons v. Ghaderi ) like most privileges, including the near-sacred attorney-client privilege. You cannot be estopped from relying upon it. ( Eisendrath ). And if you want your mediated settlement agreement enforced, you must strictly comply with the requirements of Evidence Code section 1123 ( Fair v. Bahktiari ).
Over at the Settle It Now Negotiation Blog , insurance policy-holder counsel Kirk Pasich
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Doug Noll and Robert Creo Fix Conflict on Talk RadioFrom: feeds.lexblog.com
Post Date: 2007-09-14 17:41:48
O.K., I never listen to Talk Radio because it’s all about conflict and I get enough conflict in my day job. Here’s a relief, some talk radio exists to FIX YOUR CONFLICTS. Upcoming Doug Noll and Robert Creo , both masters in the field, talk about making felicitous that which is already necessary -- dealing with conflict. CHECK IT OUT HERE ...
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