Categories
Litigation Strategy Settlement Negotiation

When You Can’t Settle, Consider a Mini-Trial

Boy (5-7) making pinching gesture, close-up of handA mini-trial is basically a sophisticated settlement conference. When you have complex questions of mixed law and fact, a mini-trial may be your best way forward.

Categories
Employment Law Legal Topics

Got an Employment Case? Consider Mediation

mediation_80405170Deciding whether and when to mediate an employment case can be complex, but here are some factors that will help both sides of the case make the decision.

Categories
Civil Litigation Legal Topics Litigation Strategy Settlement Negotiation

Do You Know Which ADR Process to Pick?

168712376With the vast majority of civil cases settling rather than going to trial, California attorneys need to be familiar with the various alternative dispute resolution (ADR) processes. Once you understand the big picture of the ADR options available, you need to hone in on the right one for your case.

Categories
Civil Litigation Legal Topics Litigation Strategy

Trial by Referee

Did you know that California cases can be referred to a referee instead of being decided by a judge? This process certainly has its advantages, but you should know what you are getting into before you agree to a referee.

Categories
Civil Litigation Legal Topics

What Happens in Mediation, Stays in Mediation: 13 Key Confidentiality Questions

One of the strengths of mediation is its cloak of confidentiality. Participants can feel free to say what they want and show documents prepared for mediation without the fear of it biting them later in the litigation. But not everything said and shown in mediation is protected. As with everything else, know the limits of mediation confidentiality.