The Morphing Role of PAGA in Wage and Hour Mediation

Standing.  One of hot issues surrounding PAGA claims is that of standing where a court retains jurisdiction over a PAGA claim while ordering the individual wage and hour issues to arbitration.  This has become a familiar situation where an arbitration agreement governs the individual claims.  The Court of Appeal in Kim v. Reins Intl’s California, […]

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The Importance of Pragmatism

This being an election cycle, there is an endless source of political commentary, fervent opinion, and endless speculation. Yet, I just watched an interview conducted by Ian Bremmer of presidential candidate Steve Bullock who revealed a refreshingly pragmatic view of the way to govern effectively. https://www.gzeromedia.com/the-problem-with-pragmatism?xrs=RebelMouse_fb&ts=1569247649&fbclid=IwAR3Y77w01rSt4jT_ZpAjEwYKEtEhL3bEgEcvo2Sg6kWTBMqq7IRlsxoU5L4 Governor Bullock spoke with honest recognition of the dangers […]

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Politics and Mediation, a Surprising Symbiosis

I had the pleasure of meeting presidential candidate Steve Bullock yesterday and got to listen to his message about “how to get stuff done.”  He was a two term progressive governor in a red state with a 60% Republican legislature.  Yet, he he was successful in promoting a progressive political agenda while getting re-elected.  So […]

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Is The Joint Session Dead?

Every system that improves over time goes through changes.  Mediation is no exception.  When we began our litigation practice in 1992, mediation was not yet considered the logical path for ADR in all cases.  At CMC’s in Superior Court, master calendar judges would typically inquire whether cases were appropriate for arbitration, never even mentioning mediation […]

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Yes, We Are Married….And We Co-Mediate

Attorneys that contact us for the first time to discuss our availability for mediation often seem curious about how it is we chose one another to co-mediate employment disputes and class actions.  Okay, let’s be clear here: our first time clients strongly suspect and want to clarify whether or not we are a couple.  What […]

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The Next Generation Law Student

Our daughter graduated from college last month and presently has her head buried in LSAT study documents.  Watching her, I am impressed by what this newest generation of law students and future lawyers has to offer our proud profession. I recall in the 1980’s when I was considering law school, the thought of actually studying […]

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The Case For Pre-Mediation Offers

Few will disagree that we are confronted with the issue of polarization in many aspects of today’s society. In the past, one might have cited to baseball’s rapid fan base as an example: if one is a Padre’s fan, they typically don’t just root against the Dodgers; they hate the Dodgers.  Now, the prime example […]

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Emge Mediation supports No Limits for Deaf Children and Families

Emge Mediation is pleased to be a sponsor of the theatrical production of Silent NO MORE, playing at the Lyceum Theatres in San Diego on June 29, 2019.  Produced by the nonprofit organization, No Limits for Deaf Children and Families, this production is an inspiring, emotional, and educational event as individuals with hearing loss share […]

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The Advantages of Co-Mediation

Legal researchers have determined that co-mediation is “superior to solo mediation.”  See Love, Lela P. and Stulberg, Joseph P., “Practice Guidelines for Co-Mediation: Making Certain that ‘Two Heads are Better than One’” (Spring 1996). 13 Mediation Q. 179.  So what is co-mediation?  Simply, this is a mediation structure that features two mediators working in tandem.  […]

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The Launch

After nearly three decades as litigation attorneys in Southern California, including the last 18 working in tandem at The Emge Firm, LLP, Suzanne and I have launched Emge Mediation – a fresh face in the mediation field. We have made a great effort to analyze the best and the worst of our own experiences mediating […]

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