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Articles by Elizabeth A Moreno
California Court Side Steps Mediation Confidentiality And Stretches To Find A Settlement Agreement.
Counsel can no longer assume that anything that happens, especially written notes, is protected by the confidentiality provision. The California Court of Appeal in the case of Estate of Thottams ( August 13, 2008) found that a document in chart form that was prepared during a mediation to demonstrate how assets should be allocated between the heirs, and initials placed next to each entry was a settlement agreement.
Mismatched Social Security Numbers: An Employer's Dilemma
What should an employer do if they are faced with an employee's name that does not match the Social Security Number? Employers have to tread lightly in summarily terminating employees because of discrepancies in Social Security numbers. This article has useful information on how employer should handle this type of situation.
New Employee Benefits: Weed And Paid Leave?
California is seeking to be the first State in the nation to mandate that employee's get paid sick leave and continue to work while using Marijuana for medicinal purposes.
Mediation Prevents Budget Drains.
A complete breakdown of communication can happen in an instant and can be silent and deadly, misdiagnosed as it escalates into conflict in the workplace. Real time conflict tears at the quality of the work environment. What can be done about this conflict? Steps are outlined to add value, save money and defuse conflict in your working group.
The Dramatic Life Of The Murphy Case Ends With Personal Injury Damages Taxable
The dramatic life of the Murphy case came to a quiet end when the U.S. Supreme Court declined to hear the case which signaled the taxation of personal injury damages.
California Supreme Court Makes Confidentiality Of Mediation Proceedings Iron Clad
The California Supreme Court, in Simmons v. Ghaderi (July 21, 2008), has hammered in the last nail and has made confidentiality of mediation proceedings iron clad. The court held that there can be NO implied waiver of mediation confidentiality. An oral settlement agreement that is not in writing, signed by the parties and where there is no express waiver of mediation confidentiality, is not admissible and will not be upheld in court.
Mediators And Centurions Have More In Common Other Than Wearing Shoes.
Centurions conjure up images of battles and aggressiveness, not the attributes of a mediator who should be peace building and peacemaking individuals. It is far from a kinder- gentler, soul searching and peace loving process. Mediators have more in common with shoe wearing Centurions. Mediators, like Centurions, battle conflict. They are adept and skilled at using various tools in conquering conflict.