LITIGIZATION OF ARBITRATION GONE AWRY
By, Rebecca Callahan Weller v. Marcus & Millichap Real Estate Investment Services ____ Cal. App. 5th ____, 2018 DJAR 3906 (4th Dist. May 2, 2018) “Litigization of arbitration” is a phrase that has been [...]
What Commercial Neutrals Need to Know Now: Important Recent Decisions and Statutes on Arbitration and Mediation
Despite the fact that negotiation, mediation and arbitration are alternatives to dispute resolution in the courts, the courts and legislature have a lot to say about how those processes work and what we as attorney [...]
The Supreme Court reemphasizes that arbitration agreements must be placed on equal footing with other contracts.
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 [...]
Various Consumer Protection Laws Was Deemed Unenforceable As Against California Public Policy
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 [...]
Mediation Confidentiality in California – A Recap
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 [...]
Settle-and-Sue Case Development
Settle-and-Sue Case Development Biller v. Faber, 2nd District No. B244232, 2016 WL 1725185 ( Apr 27, 2016) – Settlement malpractice lawsuit properly dismissed because the attorney defendant is precluded from presenting a defense due [...]
Progressive Casualty v. Noland
Mediation Confidentiality Development Progressive Casualty Insurance Company, Inc. v. Noland, 2nd District No. B253986, 2016 WL 335961 (Jan 27, 2016) – Trial court did not err in excluding parol or extrinsic evidence of statements [...]
Statutory Exceptions to Mediation Confidentiality Moving Forward
Statutory Exceptions to Mediation Confidentiality Moving Forward - Draft Legislation re Proposed Evidence Code § 1120.5 California has long favored private negotiation and settlement of civil disputes. The state legislature has expressly stated that [...]
Arbitration Case Development – Emerald Aero LLC v. Kaplan
Arbitration Case Development Emerald Aero LLC v. Kaplan, 4th District No. 0070579, Feb 28, 2017, 2017 WL 767004 – State appeals court overturns arbitrator’s $30.8 million award finding that the lack of notice of the [...]
Mediation Review – Part II
Negotiation is an ancient process – used to transact business and resolve disputes. The negotiation process is anchored on each party’s word – on what they promise to do. Fundamentally, negotiation [...]