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Alternative Dispute Resolution

Nov. 10, 2006

Defense's Mistakes Take Wind Out of Privilege

LETTER TO THE EDITOR - Regarding Joel Grossman's article about Simmons v. Ghaderi, 2006 DJDAR 13065 (Sept. 27) ("Panel Rejects Attempt to Manipulate Mediation Confidentiality," Daily Journal, Nov. 3), I think the case has little precedential value.

Regarding Joel Grossman's article about Simmons v. Ghaderi, 2006 DJDAR 13065 (Sept. 27) ("Panel Rejects Attempt to Manipulate Mediation Confidentiality," Daily Journal, Nov. 3), I think the case has little precedential value.
      First mistake: Rather than object to the admissibility of mediation communications, defense counsel proceeded on the merits - i.e., that no binding settlement agreement had been reached during the mediation. S...

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