MEDIATION APPRECIATED AND EXPLAINED

mediationBy Jon S. Heim, attorney

In my 32 years of California litigation, the most important and beneficial change is the development of formal civil mediation.

When I started in 1982, alternative procedures for resolution of judicial disputes – “ADR” courts now call them – were few and limited.  In smaller cases, courts would often order or refer litigants to a summary, nonbinding arbitration for a few hours before a local lawyer.  That procedure was too superficial and uncertain.  As these arbitrations were not binding, anyone dissatisfied with the arbitrator’s ruling could simply wipe it out.  That didn’t solve much.

Back then courts themselves conducted settlement conferences, and courts still do.  However judicial settlement conferences have inherent limitations.  Courts generally do not have the judges or other resources for the patient probing and cajoling that is often required to achieve settlement after months or years of courtroom battle.  Equally important, judicial settlement conferences typically occur two to five weeks before trial, after the suit, its expenses and the emotions underlying it have been building for years.  Minds may be focused by looming trial dates, but by then wallets and emotions may be drained.

For the rest of the article, click on the September-October issue of Big Times Magazine.

MEXICO’S CHANGING INSURANCE LANDSCAPE – THREE THINGS TO KNOW

banderamexico1

Do you know what you are doing? Imagine an insurance agent that was unfamiliar with your state’s laws regarding minimum auto liability limits. Asinine right? Yet, MANY of us sell Mexico insurance, but are you familiar with the changes over the last couple of years? Mexico has an insurance problem they are trying to fix, and there have been a slew of changes. Do you know about these or are you the agent that doesn't understand what you are selling?

Here is a quick review of some law changes that have occurred in Mexico that you should understand because it affects YOUR CLIENTS and the product YOU SELL.

Increased Liability in the event of a Death – How Mexico calculates what is paid in the event that a person causes the death of another person is very different than how that occurs in the US. Everything is actually based on a worker's compensation-like labor law.

For the rest of the story, read the March 2015 issue of BIG Times Magazine at www.biginsusa.com.