Media
Advocate Magazine - ABA Formal Opinion 518 and the attack on evaluative “lawyer-mediator” proposals
UNDERSTANDING THE INTENT BEHIND A MEDIATOR’S PROPOSAL
A “mediator’s proposal” is commonly used in mediations where the parties have reached an impasse in their negotiations. Experience shows that many attorneys expect mediator proposals to be used as a matter of course.
Mediators can be facilitative, evaluative, or both. Retired judges, with years of experience and scores of trials, tend to be more evaluative. Some mediators have argued that an evaluative mediator’s proposal, where the mediator proposes a settlement number, is unethical. They argue that mediators should only be facilitative. In support of this position, they cite to the American Bar Association’s Formal Opinion 518. This argument is misguided.
Flexibility in Arbitration, January 2026
Why arbitrate? When I had a general civil assignment, I had 700 cases in my caseload. According to the latest statistics from the Los Angeles Superior Court, general civil departments average approximately 1,100 cases. Trials often are set out two years from the case management conference, and perhaps 6 or 7 trials are set per week. There is no guarantee that your case will get out for trial on the date that it is set. Some cases run up to the 5-year trial deadline. Hearings on motions may be set months down the road. For your client’s benefit and for your own, it may be tempting to consider arbitration as an alternative.
Advocate Magazine - "You’re thinking about applying to be a judge, is this the right job for you?"
"Maybe you are thinking about applying to be a judge. Do you know what it is like to be a judge? The Consumer Attorneys Association of Los Angeles (CAALA) has a Judicial Pipeline Committee, which helps aspiring judges reach their goal. Similar mentoring programs are popping up in other forums. There is now a mentoring program for those who aspire to be on the court of appeal in the Second District..."
Daily Journal Profile - July 2024
Retired Judge Steven J. Kleifield liked to tell people that his mother inspired his decision to focus on a career in law. "Where I grew up, you were supposed to either be a doctor or a lawyer, and she decided that I was the lawyer type," said Kleifield, who was raised in Skokie, Illinois. "I liked to talk about things. I liked to analyze things, and she told me, 'You should be a lawyer,' and that just stuck with me."
