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 advocates and neutrals should and should not do when engaged in these processes. When I started writing and presenting on this topic in 2012, it was in the midst of a number of high court decisions concerning class action waivers, arbitrability and who decides that issue, the Cassell decision concerning the breadth of mediation confidentiality under California Evidenc Code Section 1119, the California Ethics Standards for private arbitrators with regard to required disclosures,and grounds for vacatur under both the FAA and the California Arbitration Act. At the time, I thought it was an aberration that we had so much to talk about and that in future years I would find myself pulling the program together every other year. Wrong! Each year I start a redwell into which I toss articles and cases and legislative developments, and around August or September, the redwell is full and I decide I need to start work on digests of the recent updates and pulling together another program. This year was no exception, and I continue to be amazed at how many issues concerning alternative dispute resolution continue to be presented to our courts.
To read or download the handout regarding notable decisions, statutes and other developments affecting the practice and process of arbitration, mediation and settlement, please follow link below …..