Covers legal methods for resolving disputes outside of court, including negotiation, mediation, arbitration, and other settlement processes. Topics include ADR clauses and agreements, selecting neutrals, procedure and confidentiality, enforceability of outcomes, and how ADR interacts with litigation and appeals.
In California, a mediated settlement agreement can be enforced—even if the other party later refuses to sign—when it already meets statutory requirements (most commonly under Evidence Code § 1123 or Code of Civil Procedure § 664.6). This issue arises frequently after mediation, when parties believe they “have a deal,” but one side balks at paperwork. […]
In California, you can often enforce a mediated settlement agreement even if the other side later refuses to sign—most commonly by moving under Code of Civil Procedure § 664.6 or relying on Evidence Code § 1123. Mediation “handshake” deals, however, are not automatically enforceable unless specific statutory requirements are met. This article explains the fastest […]
In Los Angeles County, a mediated settlement can often be enforced without a signed long-form agreement if it meets California Code of Civil Procedure § 664.6 or Evidence Code § 1123 requirements. This matters when one side agrees in mediation, then later refuses to sign “final papers.” This article explains the fastest enforcement routes in […]
Lawyers shape arbitration and mediation outcomes by controlling 3 levers: case preparation, persuasive presentation of facts, and negotiation strategy. Skilled counsel frames issues for the neutral, manages evidence and offers, and protects clients from bad concessions. This article explains the key tactics lawyers use before and during ADR to influence results. A dispute does not […]
Mediation is a voluntary alternative dispute resolution process where a neutral third-party mediator helps both sides reach a mutually agreed settlement without a judge deciding the outcome. It’s typically faster and less expensive than litigation and can preserve relationships by keeping negotiations collaborative and confidential. This article explains how mediation works, what to expect, and […]
Arbitration is a private dispute-resolution process where 1 neutral arbitrator hears both sides and issues a decision, often faster than court. It’s commonly used in business and consumer contracts to reduce cost and keep matters confidential. This article explains how arbitration works, key pros and cons, and when it may be required. Understanding Arbitration: A […]
