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ADR

April 8, 2011 | Article

Mediation Confidentiality – Courts are Serious About It - Even Lawyer Malpractice Can’t Crack the Code

The California Supreme Court is serious about protecting and enforcing mediation confidentiality. To be sure, the Evidence Code provides explicit protection. Sections 1115-1123...

March 11, 2011 | Article

Court Has Discretion Whether Or Not to Appoint a Referee, Despite Parties Pre-Dispute Agreement

If parties agree to refer their dispute to a referee rather than go to court, must the judiciary comply with their agreement? Or does the court have discretion to reject the reference, in...

March 11, 2011 | Article

One Bite At the Apple for Residential Contractors in Pre-Litigation ADR: If Builder's Arbitration Clause Fails, Homeowner Cannot Be Compelled to Utilize “Calderon” Process

In residential construction disputes, the legislature has mandated that the parties utilize an alternative dispute resolution (ADR) procedure that, hopefully, will cut down on litigation. ...

November 11, 2010 | Article

Court Rules Employment-Related Arbitration Clause Is Unconscionable and Not Severable from Rest of Agreement – Employer’s Demand to Arbitrate is Rejected

In many employment contracts, the employer insists that the employee agree to resolve work-related disputes through binding arbitration. And in some cases, the arbitration clauses are very...

November 11, 2010 | Article

Court Upholds Arbitrator’s Decision to Reinstate City Employee Accused of Sexual Harassment; City’s Failure to Abide by Time Limits in Collective Bargaining Agreement Proves Critical to Outcome

When a collective bargaining agreement contains a clause setting forth time limits for disciplinary action, courts will apply it, even if it means reinstating an employee who has been terminated...

October 18, 2010 | Article

Mediation Privilege Bars Evidence From Mediator Unless Parties Specifically Agree

Discussions that occur in mediation are confidential and cannot be introduced into evidence in later proceedings. And when it comes to the mediator, such testimony cannot be compelled “unless all...

October 18, 2010 | Article

Ninth Circuit Reaffirms that “Arbitrability” Issue Is To Be Decided By The Courts Unless The Parties Agree Otherwise

When there is a dispute as to whether a given dispute must be arbitrated, who decided that question: the arbitrator or a judge?

October 15, 2010 | Article

Court Requires Full Disclosure from Arbitrator

California law requires timely disclosure of all matters that may cause a person to doubt the impartiality of the arbitrator. (See Cal. Code of Civil Procedure, section 1281.9.) In common...

July 16, 2010 | Article

California Arbitrator Immunity Affirmed by Appellate Court

In an important decision restating and expounding preexisting doctrine, the court of appeal has ruled that in California arbitrators enjoy broad immunity from liability for their acts as...

April 29, 2010 | Article

U.S. Supreme Court Rejects Class Arbitration in Absence of Agreement; Parties Must Specifically Agree To Class Arbitration Under the Federal Arbitration Act

There are differences between the California arbitration statutes (Code of Civil Procedure sections 1280-1294.2) and the Federal Arbitration Act (9 U.S.C. sections 1-16) and perhaps the clearest...

April 27, 2010 | Article

California Supreme Court Upholds Employee’s Right to Pursue Arbitration Claim, But Offers An Option for Employers To Avoid Administrative Proceedings at the DFEH

Even thought a judge has a very limited power to overturn an arbitration award, if the arbitrator makes a clear error of law and thereby deprives a person of a statutory claim, the court may...

April 23, 2010 | Article

Court Confirms Broad Authority for Arbitrators to Interpret Collective Bargaining Agreements

A recent decision from the First District Court of Appeal (Division Two) confirms that arbitrators have extremely broad authority to construe and interpret the meaning of labor contracts. The...

ADR

Mediation Confidentiality – Courts are Serious About It - Even Lawyer Malpractice Can’t Crack the Code

Court Has Discretion Whether Or Not to Appoint a Referee, Despite Parties Pre-Dispute Agreement

One Bite At the Apple for Residential Contractors in Pre-Litigation ADR: If Builder's Arbitration Clause Fails, Homeowner Cannot Be Compelled to Utilize “Calderon” Process

Court Rules Employment-Related Arbitration Clause Is Unconscionable and Not Severable from Rest of Agreement – Employer’s Demand to Arbitrate is Rejected

Court Upholds Arbitrator’s Decision to Reinstate City Employee Accused of Sexual Harassment; City’s Failure to Abide by Time Limits in Collective Bargaining Agreement Proves Critical to Outcome

Mediation Privilege Bars Evidence From Mediator Unless Parties Specifically Agree

Ninth Circuit Reaffirms that “Arbitrability” Issue Is To Be Decided By The Courts Unless The Parties Agree Otherwise

Court Requires Full Disclosure from Arbitrator

California Arbitrator Immunity Affirmed by Appellate Court

U.S. Supreme Court Rejects Class Arbitration in Absence of Agreement; Parties Must Specifically Agree To Class Arbitration Under the Federal Arbitration Act

California Supreme Court Upholds Employee’s Right to Pursue Arbitration Claim, But Offers An Option for Employers To Avoid Administrative Proceedings at the DFEH

Court Confirms Broad Authority for Arbitrators to Interpret Collective Bargaining Agreements

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