Disco-Mediation: Tool for Smaller Claims and Shallow Pockets

“I never let the parties see each other, much less be in the same room,” said one of the best settlement judges.  Separation avoids the risk of a blow up.  It also limits the possibilities of mediation.  Sometimes, same-room mediation… Continue Reading

Still Time to Talk Before Suing Your Doctor? Oregon Law halts the Statute of Limitations for Some Situations.

Caller:  I think my doctor or hospital committed malpractice. Attorney:  When where you treated, and when did you first think there might be malpractice? Caller:  2014, sometime.  I think July or August. With Oregon’s two-year statute of limitations,* what’s an… Continue Reading

Oregon Court Rules Private Attorney-Client Talk is not “Mediation Communications.”

Mediation communications are confidential; we know that.  One may not use mediation communications in a later proceeding.  What if attorney gave client bad advice during mediation?  May the attorney use mediation confidentiality to torpedo client’s legal malpractice claim?  Oregon’s Supreme… Continue Reading

Oregon Patient Safety Commission Reports on Early Discussion and Resolution

Oregon’s Patient Safety Commission issued its first annual report on the Early Discussion and Resolution (EDR) of serious adverse events. This post hits the highlights. What is it, again? “Serious adverse event” is an “unanticipated consequence of patient care that… Continue Reading