Remote Mediations Update

As Linda Singer of JAMS points out, the pandemic has given us opportunities to explore the many benefits of remote mediation. I think the advantages ensure these will continue even once it’s safer to travel. https://www.jamsadr.com/blog/2020/update-on-remote-mediations-and-the-virtual-evolution-of-adr    

Sunk Cost Fallacy

I’m about to put my house on the market, so I’ve been thinking a lot lately about the concept of sunk cost. Sunk cost refers to the non-refundable investment you have already made into a project, case or, in this example, structure. It is tempting to total up all your investment and try to set […]

Can Confidential Mediation Materials Start the 30-Day Clock Ticking for Removability Under the Class Action Fairness Act?

This article by Joshua Fruchter of Merge Mediation discusses a recent Eastern District of California case, Ali v. Setton Pistachio of Terra Bella, Inc., 2019 WL 6112772 (E.D. Cal. Nov. 18, 2019) addressing the issue of whether confidential mediation materials including damages information could start the thirty-day removal clock under CAFA. Although the case did […]

New year, new beginnings.

Happy 2020! The new year brings new energy to focus on what is important, clean your slate and get things done. It’s a great time to review your cases and think about whether any are ripe for #mediation. A third-party neutral could help you resolve your case or claim efficiently, effectively and confidentially.  #litigation #productlitigation […]