Mediators of Southern California
"We conclude there is substantial evidence to support the trial court's determination defendant agreed to the binding mediation procedure utilized in this case. We further conclude that the binding mediation provisions in the parties' settlement agreement were not too uncertain to be enforceable. Finally, we conclude binding mediation is not a constitutionally or statutorily prohibited means of waiving jury trial rights where, as here, the parties have agreed to settle their dispute in a…Continue
Added by Leslie (Les) S. Rothenberg on May 30, 2012 at 7:37pm — No Comments
Dear LA Mediators
I want to announce that the next LA Mediator's meeting will be June 26, 2012, at 6:00 p.m. in Downtown Los Angeles. We are going to move our discussion of deception in mediation to the end of summer due to scheduling issues. So, our June meeting will be covering the general topic of Impediments to Settlement.
As you may have seen, Sean Judge and I have started a newsletter/email series on the subject. The impediments are varied, but we want to focus on the…Continue
Added by Bob Tessier on May 28, 2012 at 1:27pm — No Comments
The party that ultimately was successful on appeal in compelling arbitration and in the subsequent arbitration itself held to be the prevailing party entitled to all of its reasonable attorney fees under California Civil Code section 1717.
Frog Creek Partners, LLC v. Vance Brown, Inc., California Court of Appeal, First District, Div. Five, case no. A129651, filed May 24, 2012
Added by Leslie (Les) S. Rothenberg on May 28, 2012 at 9:03am — No Comments
Waiver of recovery of attorney fees and costs in assisted living residency agreement in connection with arbitration of elder abuse claims was contrary to public policy
Bickel v. Sunrise Assisted Living, California Court of Appeal, Fifth District, case no. F062443, filed May 21, 2012
A non-signatory to an agreement containing an arbitration clause cannot use equitable estoppel to compel arbitration when the action against the non-signatory is not rooted in that agreement.
DMS Services, Inc. v. Superior Court (Zurich Services Corp.), California Court of Appeal, Second Appellate District, Division Seven, case no. B235819, filed 5/15/2012
Added by Leslie (Les) S. Rothenberg on May 15, 2012 at 9:52pm — No Comments
Agreement to arbitrate employment disputes involving carpet installers found to be both procedurally and substantively unconscionable and unenforceable, and not preempted by USSC Concepcion decision
Samaniego v. Empire Today LLC, California Court of Appeal, First District, Div. Three, case no. A132297, filed April 5, 2012, publication ordered May 7, 2012
Added by Leslie (Les) S. Rothenberg on May 8, 2012 at 4:41pm — No Comments