ADR Case Updates

Steve Kruis sends periodic case updates by e-mail that summarize recent developments in the Alternative Dispute Resolution area. If you would like to be included on our distribution list, please send us an e-mail or call 619.702.8834.

The Power of Apology in Resolving Cases, 05/27/04

I thought you would find of interest the attached article regarding the power of apology in resolving cases. Although in the context of medical malpractice claims, the article addresses the psychological dynamics that apply across the board to all disputes. While an apology may be admissible against a defendant as an admission, it is inadmissible if made in mediation under the protections of Evidence Code § 1119. If appropriate, an apology offered in mediation can be quite effective in creating an atmosphere conducive to negotiating settlement of the claim.