March 2016 President’s Message From Floyd Siegal
PRESIDENT’S MESSAGE February was another fantastic month for SCMA! On February 20th, Mark, Baer, Len Levy and Terra Russell Slavin presented their compelling workshop “Equal Rights for the LGBT...
View ArticleGood, Bad and the Ugly: What Will Become of California‘s Mediation...
Two prominent California mediators represent the opposing positions in the debate surrounding California Law Revision Commission's Study K-402, entitled "Relationship Between Mediation Confidentiality...
View ArticleSCMA 2016 TOWN HALL – MEDIATOR CERTIFICATION AND MEDIATION CONFIDENTIALITY —...
Jack Goetz and Barbara Brown will update the membership on the work of SCMA‘s Ad Hoc Committee on Voluntary Mediator Certification. Lee Blackman and Phyllis Pollack will update the membership on the...
View ArticleSpotlight – Unsealing Court Records, by Joe Markowitz
The new movie Spotlight might be about the most exciting drama that could be made about filing a motion to unseal court records... The post Spotlight – Unsealing Court Records, by Joe Markowitz...
View ArticleMEDIATION CONFIDENTIALITY UPDATE — JULY 29, 2016
Decisions at recent meetings of the California Law Revision Commission demonstrate the Commission's commitment to significantly changing California's mediation confidentiality rules. The post MEDIATION...
View ArticleLaw Revision Commission Draft Recommendation on Mediation Confidentiality —...
On June 22, 2017, the California Law Revision Commission issued its Tentative Recommendation following its study to create an exception to mediation confidentiality (Study K-402). All public comments...
View ArticleCLRC Proposal to Strip Certain Mediation Communications of Their...
The California Law Revision Commission’s proposed legislation — which would strip mediation communications of their confidentiality where they are relevant to a claim of legal malpractice arising out...
View ArticleCLRC Staff Characterizes the Public Comment on the Pending Proposal as...
The CLRC Staff states that "The opposition to the Commission‘s tentative recommendation can only be described as overwhelming." The Staff goes on to suggest that "It might not even be possible to...
View ArticleSunk Costs and the California Law Revision Commission By: Phyllis G. Pollack,...
Individuals commit the sunk cost fallacy when they continue a behavior or endeavor as a result of previously invested resources (time, money or effort). Arkes & Blumer, 1985. Thus the CLRC has...
View ArticleOn to The Legislature! By: Phyllis G. Pollack, Esq.
In a hearing on December 1, 2017 lasting one hour beyond the scheduled end time, the California Law Revision Commission (“CLRC”) gave its final approval to the Tentative Recommendation issued in June...
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