Mediation Twenty Years Later: A Cautionary Story and Proposed Reforms

Mediation Twenty Years Later: A Cautionary Story and Proposed Reforms

By Gregory W. Herring, CFLS, AAML, IAFL
With Cassandra T. Glanville, Esq.

In 1996 the California Law Revision Commission (“LRC”) developed and proposed legislation that eventually became the current mediation confidentiality statute, Evidence Code section 1119.[1] As more and more litigation has flowed away from the courthouses and into mediation the past twenty years,[2] mediation confidentiality has remained an ironclad doctrine in California, surviving multiple high-profile challenges.

Four Month Circus

October 2016 found Herring Law Group in the midst of a rapidly accelerating Ventura County Superior Court child custody/parenting case. Notwithstanding our client’s efforts to settle it on eminently reasonable terms, the other side, represented by a notorious Westside Los Angeles firm, was determined to force a showcase trial.

Herring Law Group’s New Santa Barbara Office

Herring Law Group is now opening its Santa Barbara office at 559 San Ysidro Road, Suite G. We expect to be furnished and fully operational by October 1, 2016. Of course, we will remain committed to our Ventura County office, clients, and staff. Our formal Santa Barbara presence will help us better serve in Santa Barbara and San Luis Obispo Counties, too.

“Disruptive Change” Needed Toward E-Discovery Competence

“Disruptive Change” Needed Toward E-Discovery Competence

Electronically stored information (“ESI”) is information that is stored in technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. Electronic Discovery, or e-discovery, is the use of legal means to obtain ESI in the course of litigation for evidentiary purposes.

“All Hands” Retreats

Having completed one of our firm’s quarterly “all hands” retreats, I want to express my gratitude. Everyone contributed, and everyone obviously cares about what we are doing. Jessica West is completing a major case organization and tracking project.

AAML Second Annual TBS Seminar

Our Southern California Chapter of the AAML presented the second annual Trial Basics Seminar on April 15, 2016 in Orange County. The TBS is aimed at less experienced family law lawyers. We present this to reach out to our community, improve the skills of less-experienced family law lawyers and give back to our profession.

Returning “the Law” to Family Law

Litigants reasonably wonder why parties, witnesses and even attorneys can sometimes seem to “get away” with shading the truth, fudging the facts and outright “testilying.” I have previously caught opposing parties doctoring personal checking and business records.

Domestic Violence Awareness Month

October is Domestic Violence Awareness Month. I have seen the worst examples of DV in my cases and HLG takes it seriously. We agree with National AAML President James McClaren that “we should all take the time to be even more mindful about the ways in which we can offer leadership within our communities toward more effectively addressing these issues.