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MEDIATION CONFIDENTIALITY AGREEMENT
SPECIALTIES FLYER
CONSTRUCTION-EASE FOR MEDIATORS
 

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Practice Areas | Common Disputes | Project Types |
| Technical Issues | Confidentiality In Mediation |

 

Construction is an extremely complex industry and is chiefly comprised of architects, building designers, engineers, engineering ("A" license) contractors, general ("B" license) contractors, approximately 46 sub-contractor ("C" license) specialty trades and the manufacturers and suppliers of an endless list of building materials and products.

Disputes often arise and can frequently be mitigated with early intervention by a skillful and highly experienced mediator,  before they become a litigated case. 

When the disputing parties become embroiled in the issues and can no longer deal with each other, the dispute then often goes to the lawyers and the case is filed and litigated in court or arbitration.  This inevitably becomes very expensive and time consuming.

Mediation is an Alternative Dispute Resolution (ADR) option to litigation and is a process in which the parties can participate directly with resolving the disputed issues at hand.  Mediating the litigated construction case is a uniquely complex process which often involves numerous parties and is often contentious.

Michael S. Poles is a licensed general building contractor, construction manager, construction inspector and a forensic expert witness.  He brings more than 45 years of hands-on construction expertise and business experience and knowledge of complex and highly technical issues to the mediation process with the proven ability to get right to the heart of the dispute and reach a successful resolution.

Practice Areas

| CONSTRUCTION | PREMISES LIABILITY |
 |
REAL ESTATE | 
| HEALTH CARE | ELDER CARE |

Common Disputes

Change Orders, Contractor vs. Sub-Contractor, Cost Over Runs, Defective Construction, Guest vs. Property Owner, Home Owner vs. Contractor, Personal Injury, Quality of Workmanship, Schedule & Delays, Tenant vs. Landlord

Project Types

Apartments, Commercial, Condominiums, Custom Homes, Fire Stations, Hospitals, Hotels, Industrial, Offices, Police Stations, Public Schools, Public Works, Shopping Centers, Skilled Nursing, Tract Housing, and Theme Parks

Technical Issues

Americans With Disabilities Act (A.D.A.)

O.S.H.P.D. and D.S.A.

Accident Reconstruction

Personal Injury

Building Code Compliance

Plumbing

Building Code Standards

Premises Liability

Change Orders

Quality of Workmanship

Claims Analysis and Mitigation

Reinforced Concrete

Construction Administration

Reinforced Masonry

Construction Defects

Roofing and Waterproofing

Contract Compliance

Safety and O.S.H.A. Standards

Contractors State License Board

Scaffolding

Cost Estimating

Scheduling and Delays

Customs and Practices

Slips, Trips and Falls

Design and Implementation

Standards of Care

Earthquake Hazard

Standards of Practice

Electrical

Steps, Stairs and Railings

Flooring and Floor Covering

Structural Failure

Framing ( Wood and Steel )

Structural Steel and Welding

Geotechnical and Hydrological

Swimming Pools and Spas

Heating, Ventilating and Air Conditioning

Water Intrusion and Mold

Confidentiality in Mediation

"In July 2004, when the California Supreme Court rendered its opinion in Rojas v. Superior Court for the State of California, County of Los Angeles, 33 Cal. 4th 407 (2004). The Court overturned the ruling by the Court of Appeal for the Second District which had constructed an exception to mediation confidentiality in order to allow plaintiffs in a subsequent proceeding access to documents which the trial court had held (as a non-appealable finding of fact) to have been prepared for the sole purpose of mediation. In reversing that ruling, the Supreme Court held that confidentiality of mediation communications is absolute as it applies to evidence prepared for the sole and limited purpose of mediation (with the exception of evidence expressly specified by statute)."  -- Rojas v. Superior Court: The Battle of Two Opposing Public Policies -- Eric van Ginkel

"The premise for mediation confidentiality is that it enhances trust among the parties and therefore, promotes the free flow of information, which should in theory promote reasonable settlement of cases."   -- AMICUS CURIAE BRIEF in Rojas v. Superior Court for the State of California, County of Los Angeles, 33 Cal. 4th 407 (2004) OF THE SOUTHERN CALIFORNIA MEDIATION ASSOCIATION (SCMA) -- Jeff Kichaven

"As of January 1, 1998, mediation law across seven different California codes is repealed, amended and unified into a new Evidence Code chapter. It governs mediation in the fields of civil actions, insurance, the environment, family, labor-management, community, agency actions, etc."  -- California's Mediation Code -- Ron Kelly

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