Dispute Resolution Archives

Elizabeth Tippin Speaks to San Francisco Legal Professionals Association

Thanks to BASF Mediation Services panelist Elizabeth Tippin, who recently presented an informative talk on mediation and arbitration to the San Francisco Legal Professionals Association at their monthly “Lunch and Learn” meeting. The meeting was held at the law office…

Attorney/Client Fee Disputes Program Welcomes Two New Executive Committee Members

Marguerite Malloy, Associate Counsel of the Alameda County Employees’ Retirement Association (ACERA), provides legal advice and assistance to the ACERA Board of Retirement and ACERA management staff. She also supervises and conducts workplace investigations and develops and conducts management and…

Is It Time To Appoint a Discovery Referee?

Recently I received the following email: “Since courts are so overwhelmed and setting dates for hearing is now running six months or longer, how does one do motions to compel further responses to interrogatories in a meaningful way? I booked…

Mediation as a Mirror: Using the Process to Help Clients Find Clarity

Sometimes, parties will seek mediation in search of clarity. The stated reason for scheduling a session may be very different from the desired result. In these cases, the mediator’s role should be one of gentle probing and guidance to help…

What Movie is Playing in Your Mediation?

Mediation works because, as the meme/trope goes: “We are not so different, you and I.” First: figure out what movie is playing inside the hearts and minds of party actors. Here sits a neighbor who can’t hear because of another…

Spring Mediation Training: A Conversation with Ron Kelly

In March 2015, The Bar Association of San Francisco’s Alternative Dispute Resolution department will hold its annual Mediation Certificate Training. Over five successive Saturdays, participants will gain the tools they’ll need to be effective mediators. I recently had the opportunity…

Four Steps to Maximizing the Effectiveness of Your Mediation

Mediation is an important component of the civil justice system. Mediation allows a neutral third party who is in a unique position of seeing both sides to explore the strengths and weaknesses of the parties’ arguments, and perhaps suggest creative…

Interesting News from the World of Estate Planning

The 1855 Prenup for Women’s Rights In most mid-nineteenth-century American states, a married woman had little legal standing. For starters, she didn’t have the right to use her own name, as her identity was subsumed under her husband’s in the…

Legal Ethics: Some Thoughts On Issues Raised, But Not Resolved, By Cassel v. Superior Court

The Supreme Court in Cassel v. Superior Court (2011) 51 Cal.4th 113, 244 P.3d 1080, held that evidence of what occurred during or in preparation for mediation in a case is, pursuant to Evidence Code § 1115, et seq., inadmissible…

BASF’s Mediation Program Just Got Better for Members

This year The Bar Association of San Francisco’s Mediation Services was selected for The Recorder’s Best “Hall of Fame” for five continuous years of excellence. Attorneys like you ranked the program high for the superior quality of its mediators, the…

Destination Australia and Cambodia: Construction and ADR

During August I had a wonderful adventure in Australia and Cambodia lecturing at Melbourne University and researching construction and dispute resolution. As guest lecturer for a “Risk in Construction” class for Melbourne University’s Architecture Department, I conveyed my experience representing…

Meet BASF Mediation Services Newest Panelist: Gabriel Bellman

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Dispute Resolution