Malpractice Alert: Is it a Settlement Conference or a Mediation? (://URLFAN)

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Malpractice Alert: Is it a Settlement Conference or a Mediation?

Post Date: Aug 21, 2008 10:21 a.m.
Ranked website: ipadrblog.com (Ranks #140073 of 3,783,534)

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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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