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Mediation Evidence Settlement Agreements

Fox Rothschild LLP

Order Invalidating Settlement Agreement Because Parties Didn’t Formally Answer Discovery is Overturned by the Appellate Division

Fox Rothschild LLP on

Wise or not, parties have a right to waive discovery from the other party and settle their matter. Sometimes, both parties have access to and/or knowledge of all of the finances. Sometimes, the rely on the parties sworn Case...more

Snell & Wilmer

California Mediation Confidentiality May Apply to Third Party “Participants” Retained to Provide Analysis

Snell & Wilmer on

California Evidence Code section 1119 governs the general admissibility of oral and written communications generated during the mediation process. Section 1119(a) provides that “[n]o evidence of anything said or any admission...more

Carlton Fields

Excluded Evidence: Is Your Proffer Sufficient To Preserve The Error?

Carlton Fields on

Just because you know what your excluded evidence would have shown does not mean that the trial court knows and, as importantly for appellate purposes, that the appellate court can glean from the record the substance of the...more

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