Resources

Forms, Studies, and Other Mediation Resources

Mediation & Arbitration

Medicare Set-Asides

The “truth” about the problem. A history, legal analysis, and practice guide for dealing with Medicare’s interests in third-party liability cases.

Settlement Calculator

In arriving at a settlement, the bottom line is the net to the plaintiff and the cost to the defense and how those compare to possible trial outcomes in light of the risks in the case. This “Excel” spreadsheet helps you track the numbers.

MICRA Fee Calculator

Calculate exact MICRA fees without getting a headache.

New Mediation Disclosure Requirement for Lawyers

Except in class actions, new Evidence Code section 1129, effective January 1, 2019, requires attorneys to provide a written disclosure to clients before the client agrees to participate in a mediation that mediation communications are privileged and cannot be disclosed, even in a claim by the client alleging malpractice by the attorney (at the mediation).

Presumably, failure to provide the disclosure can be a grounds for disciplinary action.

Section 1129 provides a form of disclosure.