July 22, 2019

Can a Failed Insurance Mediation Trigger the Start of a Statute of Limitations?

Josh Fruchter
A recent Ninth Circuit decision addresses an interesting question in the context of an insurance dispute: can a failed mediation trigger the start of a statute of limitations? See Gallahan v. Philadelphia Indem. Ins. Co., No. 18-35057, 2019 WL 2595502, at *1 (9th Cir. June 25, 2019). On February 5,..
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July 2, 2019

Using a High Low Agreement to Counter Confirmation Bias in an Insurance Mediation

David Albalah
My colleague Josh recently blogged about strategies for handling confirmation bias in mediations. He mentioned I had used a high low agreement to successfully address confirmation bias in an insurance-related mediation. I’ll discuss that case in this post. A start-up title insurance agency (funded by a prominent private equity firm),..
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June 4, 2019

Are Negotiations Between Parties During the Mediation Process Without the Mediator’s Participation Protected by the Mediation Privilege?

Josh Fruchter
When disputes enter into mediation, there are meetings and communications between the parties and the mediator, but after a mediation session ends, the parties may continue to negotiate independently by meeting and communicating between themselves outside the mediator’s presence. When and to what extent are those independent negotiations (conducted without..
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May 10, 2019

Focus on Business Interests: The Case of the Sinking Warehouse

David Albalah
With nearly 30 years of experience mediating business conflicts, it remains my firm conviction that to consistently reach mutually beneficial settlements of commercial disputes, the mediation process must be structured to enable business decision makers to address the underlying business interests of the dispute. One of the expectations emerging from..
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