Mediators of Southern California
Trial court had no jurisdiction to consider motion to compel arbitration in case on remand from the court of appeal where that issue was outside the scope of the remand to retry just two other issues.
Ayyad v. Sprint Spectrum, L.P., California Court of Appeal, First District, Div. Five, case no. A133824, filed October 29, 2012,
Added by Leslie (Les) S. Rothenberg on October 30, 2012 at 7:56pm — No Comments
California mediation confidentiality provisions held to preclude evidence to prove allegation that attorneys fraudulently induced their clients to settle a lawsuit during a mediation session.
Hadley v. The Cochran Firm, California Court of Appeal, Second District, Division 8,
Case no. B233093, filed 8/3/12
This is an…Continue
Added by Leslie (Les) S. Rothenberg on October 20, 2012 at 8:01pm — No Comments
Former HR director in employment dispute who, despite employer urging in employee handbook, never signed an arbitration agreement was not equitably estopped from denying she agreed to arbitrate.
Gorlach v. The Sports Club Company, California Court of Appeal, Second District, Div. Four, case no. B233672, filed October 16, 2012
Added by Leslie (Les) S. Rothenberg on October 18, 2012 at 6:19pm — No Comments
Dispute regarding plaintiffs’ status as independent contractors falls outside the arbitration provision (that applies only “to application or interpretation”) of the parties’ contracts.
Elijahjuan v. Superior Court (Mike Campbell & Associates, Ltd), California Court of Appeal, Second District, Div. Eight, case no. B234794, filed October 17, 2012
Added by Leslie (Les) S. Rothenberg on October 17, 2012 at 6:29pm — No Comments
Arbitrator may interpret memorandum of understanding between state and employee unions, but mandating enforcement without unequivocal legislative approval violates public policy and must be vacated.
California Department of Human Resources v. Service Employees International Union, Local 1000, California Court of Appeal, Third District, case no. C066531, filed October 12, 2012
Added by Leslie (Les) S. Rothenberg on October 12, 2012 at 5:42pm — No Comments
The American Bar Association's Section on Dispute Resolution and its Mediation Committee each year call attention to the positive ADR option of settling disputes through the mediation process. This year the Section has circulated a sample text of a possible newspaper op-ed to try to reach people who have never considered using mediation for a variety of disputes. That sample text follows:
"Conflict is an inevitable part of life — from our jobs, to our families to our…Continue
Added by Leslie (Les) S. Rothenberg on October 12, 2012 at 8:17am — No Comments
The Federal Arbitration Act does not preempt application of the California Arbitration Act to an arbitration agreement in which the parties have agreed to be governed by California law, but does preempt when they have not so agreed.
Mastick v. TD Ameritrade, Inc., California Court of Appeal, Second District, Div. Six, case no. B237475, filed October 9, 2012
Added by Leslie (Les) S. Rothenberg on October 10, 2012 at 4:24pm — No Comments