IVAMS Blog

IVAMS joins iNSERViO3

iNSERViO3/IVAMS has recently opened the doors to a brand-new Mediation and Arbitration Conference room facility in Irvine. Our guests are treated to flat screens in nearly every conference room, refreshment and beverage center, free surface level parking as well as access to our full-service litigation support service center operating under the same roof. For over … Continue reading IVAMS joins iNSERViO3

New Office in Orange County

IVAMS is proud to announce the opening of our new office in Orange County on July 1, 2017 1851 E. First Street Suite 900 Santa Ana, CA 92706

Draft Settlement Agreements with Care or You May Give Up More than You Bargained For

The first sentence in an appellate opinion can strike fear in the heart of any advocate. I should know. Nearly twenty years ago the California Court of Appeal began its opinion on a losing appeal of mine with this sentence: “This case presents a real doozy of a puzzle in mechanic’s lien law.” In a more recent case involving … Continue reading Draft Settlement Agreements with Care or You May Give Up More than You Bargained For

Ignore This Mediation Clause and Say Good-Bye to Your Attorney Fee Award

A recent opinion of the California Court of Appeal (click here to read) reversed a trial court’s decision to award attorney fees to the prevailing defendant homeowners in a real estate non-disclosure case. The reason: the standard California purchase agreement that included an attorney fee provision also required that the parties participate in mediation or forfeit the … Continue reading Ignore This Mediation Clause and Say Good-Bye to Your Attorney Fee Award

Three Yards and a Cloud of Dust: More X’s and O’s from the Competitive World of Litigation

I like to read and report on appellate court cases that illustrate the benefits of self-determination in the mediation process as opposed to court-imposed adjudication in the civil trial process. It may involve a little “Monday morning quarterbacking,”  but I don’t consider it to be second quessing anybody but more like watching game film to … Continue reading Three Yards and a Cloud of Dust: More X’s and O’s from the Competitive World of Litigation

Don’t Ignore the Impact of Judicial Discretion on the Outcome and Cost of Trial

Discretion is the better part of valor, a phrase that can be traced to a 15th Century English writer named Caxton, became part of the English vernacular after the publication of William Shakespeare’s ‘King Henry the Fourth’ in the 16th Century. The phrase came into the American lexicon in the 18th Century courtesy of Benjamin Franklin’s ‘Poor Richard’s Almanac’. But what … Continue reading Don’t Ignore the Impact of Judicial Discretion on the Outcome and Cost of Trial

Deja Brew: A Mediator Looks Back at the Hot Coffee Case or How to Keep Your Dispute from Spilling into Court

Even after twenty years, the so-called “McDonald’s coffee case” or “hot coffee case” is still the poster child of tort reform advocates and the rally cry of consumer attorneys. The former decry a legal system which permits such “frivolous” lawsuits while the latter complain that public relations firms distort the facts of the case to … Continue reading Deja Brew: A Mediator Looks Back at the Hot Coffee Case or How to Keep Your Dispute from Spilling into Court

Ron’s Top Ten List: Things Your Mediator Wants You To Do So He Or She Can Help You Settle Your Lawsuit

NUMBER ONE: Exchange with your opponent salient information about the case well in advance of the mediation. If you represent the plaintiff you may want to ask defense counsel what additional information, if any, is necessary for the defense to be fully prepared for the mediation. If you represent the defendant you will want to … Continue reading Ron’s Top Ten List: Things Your Mediator Wants You To Do So He Or She Can Help You Settle Your Lawsuit