Category Archives: Mark’s Mediation Strategies

A NEW EXCEPTION TO MEDIATION CONFIDENTIALITY?

Understandably, those who participate in mediation want to be assured that what they say will not be used to their detriment in later court proceedings. Robust and uninhibited discussions have long been recognized as crucial to effective mediation, which is the reason existing law makes...
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Supreme Court Rules On Dual Agency

In a much-anticipated decision portending important changes in how real estate brokers function in dual agency transactions, the California Supreme Court has ruled that an “associate licensee” representing the seller in a dual agency transaction had a fiduciary duty to the buyer equivalent to the...
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CONTRACT THEORY WINS A NOBEL PRIZE

It comes as no surprise that contracts are a ubiquitous feature of daily life and indispensable in our society. They establish the terms upon which we acquire or use property, the people we employ, the credit line we carry around in a wallet, and the...
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