August 19, 2019

Does Mediation Confidentiality Protect Communications Between Two Parties on the Same Side of the Table?

Josh Fruchter
The Ninth Circuit held last week that mediation-related communications between two parties on the same side of the table are inadmissible under California’s mediation confidentiality statute in subsequent litigation between those two parties. Apollo Education Group, Inc. v. National Union Fire Ins. Co., 2019 WL 3822322 (9th Cir. Aug. 15,..
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August 5, 2019

Documenting the Remedy for Breach of a Mediated Settlement

Josh Fruchter
When parties reach a settlement at a mediation, and memorialize their agreement in writing, the obvious expectation is that both parties will perform their obligations. Of course, it doesn’t always work out that way, and so the writing should also address the remedies for any breach. There are essentially two..
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June 17, 2019

Oral Class Action Settlement Reached Through Mediation Unenforceable Because Parties Did Not Agree on Attorneys’ Fees and Other Material Terms

Josh Fruchter
A recurring issue in post-mediation litigation is whether a barebones term sheet or other agreement in principle reached at the conclusion of mediation remains binding and enforceable even if subsequent negotiations to document the settlement in a more detailed formal agreement break down. We discussed this issue in an earlier..
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