LA Mediators

Mediators of Southern California

Wendy Kramer
  • Female
  • Santa Monica, CA
  • United States
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Wendy Kramer's Friends

  • Anthony Matthews, Mediator
  • Scott Berman
  • Joe Markowitz
  • Alex Dukhovny
  • Alec Wisner
  • Deborah Rothman
  • Debra B. Self
  • Therese Gray
  • Kym Adams Director of CEDRS
 

Wendy Kramer's Page

The Use of Evidence in Mediations - by Wendy W. Kramer, Esq., Mediator/Arbitrator
Attorneys and parties often arrive at a mediation hearing carrying the "Jenny Craig" version of their file; their discovery volumes and boxes having been left behind in their offices. They tote along an invisible box of evidentiary material which they will ask the mediator to convey with force to their opponent (and which they insist with passion and emotion) will destroy, demolish or otherwise impede the other side's case. Some probing into the existence and merits of this evidence is well worth the investment of time. It is important to make inquiries as to whether the item has already been procured and if so, where is it? Many times, the party will admit they have not been able to locate a witness whom they believe will testify in their favor, or a document which will provide impeachment, but they have "confidence" that when it comes time for trial, they will be successful. Simple inquiries into the logistics of what has been done thus far and what needs to be accomplished in the future to obtain the evidence (a reality check) often makes this posturing disappear as if by magic. Sometimes the converse will occur and it will be clear that they will be able to provide the needed proof, but simply need some additional time to do so.
When pressed for the actual document, record, photograph or piece of deposition testimony, and if the party has it with them, it is well worth taking the time to actually review it with the propounder. Often it either does not say what the proponent of the evidence sincerely recalled it to say and this is an "ah ha" moment for the attorney, client and/or insurance adjuster. Suddenly that tasty morsel of impeachment turns to dust and focus can then be restored to the actual issues and interests. It is also useful to discuss whether an important piece of evidence (testimony or documents) will actually get before a jury, due to some evidentiary problem which may attach to it .
Some probing questions to ask: Have they thought through whether there will be any objections to the proffered evidence? If so, how would they counter those objections? For example,
Is the evidence relevant? (Ev. Code Section 350)
Are there any foundation issues? If it is testimony - will the witness be competent to testify and does the witness have personal knowledge?
If it is a writing/document, can it be authenticated; If it is an expert opinion, will he/she be qualified to testify?
Is it hearsay?
Are there any other exclusions or limitations? i.e. Ev. Code Section 352 (more prejudicial than probative, etc...) This may come up when there are gory injury photographs, drug and alcohol issues which have no real bearing on the case at hand, unsavory character evidence, and any other mudslinging.
Although some litigators may initially be reluctant to expose a case to these types of inquiries ultimately, litigators (experienced or otherwise) should realize the benefits of exploring evidentiary issues in seeking mediated resolutions of their cases.

Wendy W. Kramer, Esq.
www.kramermediate.com
wkramer@k2law.com
(310) 829-6063 ext. 12

Wendy Kramer's Blog

SCMA is seeking new Board Members - Deadline 9-3-10!

Dear SCMA Members,



It is time for you to step up and show your support for SCMA. We have had a great year despite continuing economic challenges and we look forward to an excellent Fall Conference November 7th at Pepperdine. As you know it takes many committed members to put on programs, work at the board level, and keep membership moving forward. This is the time to get involved. If you are interested in serving as a Board Member or nominating someone to be on the board, please… Continue

Posted on August 19, 2010 at 3:39pm

Mediation Matters-The Importance of Evidence in Mediations; Wendy W. Kramer, Esq., Mediator/Arbitrator

Attorneys and parties often arrive at a mediation hearing carrying the "Jenny Craig" version of their file; their discovery volumes and boxes having been left behind in their offices. They tote along an invisible box of evidentiary material which they will ask the mediator to convey with force to their opponent (and which they insist with passion and emotion) will destroy, demolish or otherwise impede the other side's case. Some probing into the existence and merits of this evidence is well… Continue

Posted on June 29, 2009 at 11:20am — 3 Comments

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At 8:15pm on September 22, 2009, Mary O'Neil said…
Hi!...yes I am planning to be at the 9/23 meeting. I may be a bit late as am coming from something in the heart of downtown LA. Hope to see you then. When you see me, ask me why I had to dislcose that I know you.
At 10:03am on August 17, 2009, Kym Adams Director of CEDRS said…
Wendy, I didn't realize that your blogs weren't in the Blog section. Next time, post in the blog section so they don't get missed and I will feature for you. That way your pretty smiley face is next to your own Blog and more likely to get some of our members comments. Thanks for taking the time to post.. I really really appreciate it!! Have a sunshine smile of a day!!
At 7:34am on July 29, 2009, Everett F. Meiners said…
Thanks for adding me to your list. You are so ubiquitous, I see you all over. We visited Alaska a few years ago on a cruise and had a great time. Beautiful country.
At 11:38pm on July 28, 2009, Deborah Rothman said…
Great. I'm getting ready to go on an Alaska cruise. Originally I agreed to do it because my (former) father-in-law had no one to go with, and this cruise has been on his bucket list for years. But now that I'm reading about this incredible wilderness that I can visit in the various ports, I'm getting really excited!
At 11:56am on June 29, 2009, Kym Adams Director of CEDRS said…
Welcome Wendy and thank you for posting your blog.
Please feel free to post a new blog or start a discussion at any anytime.
Should you have any questions regarding this site please do not hesitate to ask.
 
 
 

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