Introductory Note The federal cases discussed in this section of the materials are a continuation of the dialogue being had in the federal courts in an effort to understand mediation as a dispute resolution process [...]
Kindred Nursing Centers, L.P. v. Clark, ___ U.S. ___, 137 S.Ct. 1421 (May 15, 2017) – The Supreme Court reemphasizes that arbitration agreements must be placed on equal footing with other contracts. In 2009, the [...]
McGill v. Citibank, 2 Cal. 5th 945 (Cal.S.C., Apr. 6, 2017) - Arbitration agreement that required credit card holders (consumers) to waive their right to seek public injunctive relief available under various consumer protection laws [...]
Morris v. Ernst & Young, LLP, 834 F.3d 975 (9th Cir., Aug. 22, 2016), cert. granted, 137 S.Ct. 809 (2017) - Arbitration agreement that required employees to bring claims in “separate proceedings,” thereby prohibiting class [...]
Mediation Confidentiality in California - Statutory Exceptions to Mediation Confidentiality Moving Forward Draft Legislation re Proposed Evidence Code § 1120.5 In 2011, the California Supreme Court decided Cassel v. Superior Court, [...]
California has long favored private negotiation and settlement of civil disputes. The state legislature has expressly stated that “[t]he peaceful resolution of disputes in a fair, timely, appropriate, and cost-effective manner is an essential function [...]
2017 was a very busy year for mediations and arbitrations! In her “free time,” Rebecca taught two semesters of Arbitration Theory and Practice at Pepperdine University School of Law. She [...]
Rebecca Callahan has been invited to join the American College of E-Neutrals as a Fellow. In November 2017, the American College of e-Neutrals selected Rebecca to join the college as one of its [...]
Ms. Callahan has posted a new April 2017 CV that includes updates of her 2017 scheduled speaking engagements and publications. April 2017 CV
Part two of Ms. Callahan's article, "Arbitration Clauses: A Contemporary Look At Advanced Drafting Considerations and Opportunities" just published in Orange County Lawyer magazine, April 2017 (Vol. 59 No.4), p. 56. Part I of the [...]