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JAMS ADR Insights

Mediation Disaster Relief

Mediating Wildfire Cases

The unfortunate increase in wildfires has been the impetus for a proliferation of claimants seeking relief. Some of the damages available to these claimants are subject to interpretation, with nuances that are important to understand to successfully mediate claims and reach fair settlements. This article examines some of the arguments that can arise while mediating wildfire damages, such as how to apply what is known as the “personal reason exception” to the general rule of recovery for harm to real property and the extent to which annoyance and discomfort damages are available.

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