LA Mediators

Mediators of Southern California

June 2012 Blog Posts (7)

New Appellate Arbitration Opinion

A collective bargaining provision re compelling arbitration does not conflict with the California Education Code if its enforcement would neither set aside, annul, or replace provisions of that Code.

United Teachers Los Angeles v. Los Angeles Unified School District, Supreme Court of California, case no. S177403, filed June 28, 2012

Link: http://www.courts.ca.gov/opinions/documents/S177403.PDF

Added by Leslie (Les) S. Rothenberg on June 28, 2012 at 4:33pm — No Comments

Message from Charles Parselle regarding our June 25th Meeting:

Message from Charles Parselle regarding our June 25th Meeting:

LA Mediators were treated yesterday evening to a presentation of stunning intellectual acuity by Sean Judge and Bob Tessier.  We were also lucky to have in attendance Barry Brandt, a major presence in mediation in San Bernardino, and Jim Heiting, a former State Bar President, from Riverside, as well as a host of others from Los Angeles. Many thanks to Bob for his generosity in providing world-class Chinese food and…

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Added by Kym Adams Director of CEDRS on June 28, 2012 at 7:20am — No Comments

New Appellate Arbritration Opinion

The existence of an invalid release of a wage claim pursuant to Labor Code section 106.5 in an agreement does not provide a defense to the enforcement of an arbitration provision contained in the same agreement.

 Pulli v. Pony International, LLC, California Court of Appeal, Fourth District, Div. One, case no. D059137, filed June 19, 2012,

 Link:…

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Added by Leslie (Les) S. Rothenberg on June 20, 2012 at 6:36pm — No Comments

New Appellate Arbitration Opinion

Parties' failure to reach an agreement regarding their dispute over payment of arbitration fees, after being instructed by arbitrators to do so, was a waiver of the right to arbitrate.

 

Cinel v. Barna, California Court of Appeal, Second District, Div. One, case no. B232380,  filed May 18, 2012, publication ordered June 15, 2012

Link: http://www.courts.ca.gov/opinions/documents/B232380.PDF

Added by Leslie (Les) S. Rothenberg on June 18, 2012 at 6:17pm — No Comments

New Appellate Arbitration Opinion

State statutory wage and hour claims are not subject to arbitration unless there is Federal preemption by the Federal Arbitration Act as applied to contracts evidencing interstate commerce.

 

Hoover v. American Income Life Insurance Company, California Court of Appeal, Fourth District, Div. Two, case no. E052864 filed May 16, 2012, publication ordered June 13, 2012

 

Link:…

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Added by Leslie (Les) S. Rothenberg on June 14, 2012 at 5:20pm — No Comments

New Appellate Mediation Opinion

Failure to agree to mediation before bringing suit under a California agreement for property sales bars recovery of legal fees even if plaintiff asserts excuse of discovery or other strategic reasons.

Cullen v. Corwin, California Court of Appeal, Third District, case no. C067861, filed June 7, 2012

 

Link: http://www.courts.ca.gov/opinions/documents/C067861.PDF

Added by Leslie (Les) S. Rothenberg on June 7, 2012 at 5:27pm — No Comments

New Appellate Arbitration Opinion

California Supreme Court ruling in Discover Bank v. Superior Court, 36 Cal.4th 148 (2005), that class waiver provision in an arbitration agreement will not be enforced if "class arbitration would be a significantly more effective way of vindicating the rights of affected employees than individual arbitration" is no longer controlling in light of U.S. Supreme Court’s ruling in AT&T Mobility LLC v. Concepcion, __ U.S. __ , 131 S. Ct. 1740 (2011) that such waivers are enforceable under the…

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Added by Leslie (Les) S. Rothenberg on June 5, 2012 at 4:51pm — No Comments

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American Institute of Mediation posted an event
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Mediating Commercial and Litigated Cases with Lee Jay Berman at American Institute of Mediation

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This program is a practical training course. While covering theory to give you a framework and the intellectual understanding of negotiation and mediation, this course is about learning. Our focus is on your doing, practicing and experimenting with negotiating and mediating. There is much to teach about mediation and negotiation, but one reason mediators fail is because they understand the theory, but cannot execute it when under the gun. In this course, you will mediate and negotiate your way…See More
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American Institute of Mediation posted an event

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Kym Adams Director of CEDRS updated an event

LA Mediators event March 23rd at Law Offices of Peter J. Babos

March 23, 2016 from 6:30pm to 8:30pm
Dear LA Mediators It’s time for our first meeting of 2016!  This year has already been moving at light speed, so we are going to meet Wednesday March 23rd, 2016 location to be announced, to discuss several interesting issues in mediation. Cocktail hour from 6pm to 6:30pm and meeting from 6:30pm to 8:30pm.  First, as I am going to be presenting at the upcoming International Academy of Mediators in March in New Zealand, I want to run through a part of that presentation that deals with working…See More
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Bob Andersen is now a member of LA Mediators
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