Privacy, Business and Law

In the California courts, if the judge is of the opinion that the amount in controversy in a case does not exceed $50,000, the judge may order to parties to arbitration. The plaintiff can also elect to go to arbitration by agreeing to limit the award in a case to the $50,000 maximum. A hearing [...]

The general rule is that the prevailing party in a lawsuit does not have the right to recover attorney fees unless they are provided for by a contract or by the statute under which the case is brought.

Very little. In both state and federal courts, a party may make a motion asking the judge to recuse (disqualify) himself or herself, but under very limited circumstances. Examples of grounds for recusal include that the judge has personal knowledge of the facts in a case, has a financial interest in the outcome of a [...]

Only two types of cases are eligible to be decided in federal court. “Diversity Cases” are disputes between citizens of different states, in which the amount in controversy exceeds $50,000. “Federal Question” cases involve claims for relief under federal statutes. Examples of these include the Lanham Act (trademark violation and unfair trade practices), Securities Act [...]

You will be face to face with the other party to the dispute across a conference room table. Their lawyers will be present. The sessions often begin with a presentation by each side (usually through the lawyers). The mediator will usually ask questions, and this is often when the parties themselves begin to participate. Following [...]

It is almost always helpful for both sides to prepare position statements (sometimes referred to as “mediation briefs”) to submit to the mediator in advance of the mediation. A common question is whether these statements should be given in confidence to the mediator or served on the other parties. It is usually preferable to share [...]

California Evidence Code section 1119 provides that nothing is said or admitted at a mediation, and no writing prepared in connection with a mediation, can be admitted as evidence in court or obtained by a subpoena or otherwise in discovery. However, “you can’t un-ring a bell.” Facts revealed during a mediation can be used to [...]

Mediation is often confused (even by some mediators) with the traditional settlement conference, which usually takes place before a judge. In a settlement conference, the “settlement judge” is likely to express ultimate opinions on the merits of the case or the reasonableness of a proposed settlement. In contrast, mediation encourages the parties themselves to form [...]

In a court case, the parties have a right to conduct extensive, and expensive pre-trial procedures. Discovery, a process designed to uncover the facts about the case, usually includes depositions and written interrogatories that must be answered under oath. Also, the parties have the right to file pre-trial motions (such as demurrers and summary judgment [...]

The difference is in who resolves the conflict. In arbitration, the parties (usually through their attorneys) present their case to a third party neutral (the arbitrator) who renders a decision in much the same way as a judge would in more formal court proceedings. The parties agree in advance whether the decision of the arbitrator [...]