Civil Rights,
California Supreme Court,
Alternative Dispute Resolution
Jul. 18, 2019
Say it like you mean it
If a settling defendant wants to ensure confidentiality, the terms of that confidentiality should be explicitly spelled out, together with those persons who are agreeing to be bound by it in the agreement itself.
Jan Frankel Schau
Neutral
ADR Services, Inc.
1900 Ave of the Stars Ste 250
Los Angeles 90067
Email: jfschau@adrservices.org
Loyola Law School; Los Angeles CA
It is 4:30 p.m. and the parties have finally reached an agreement in principle on a contentious personal injury dispute. The plaintiffs, having achieved a financially rewarding agreement, are eager to sign a deal and exit the mediation. The defendants, sophisticated in litigation, are willing to pay more than what they thought the case was worth with the proviso that the matter remains strictly confidential. This has been expressed throughout the negotiation. Then the...
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