The Mediator’s Perspective. In 2017, I reviewed the film The Journey for the Daily Journal. That film is about the negotiations that led to the Good Friday Agreement, putting an end to The Troubles in Northern Ireland. While our blog is focused on California mediation and arbitration, another opportunity to opine about negotiations from a […]
The Opinion Clarifies Shifting Burden Of Proof For Motions To Compel Arbitration. The California Court of Appeal reversed a trial court’s denial of a motion to compel arbitration in a lemon law/warranty dispute. Kostandian v. American Honda Motor Company, B345489, (2/2 , pub. 5/27/26) (Chavez, Richardson, Gilbert). Where a moving party meets its initial burden […]
Section 1 of the Federal Arbitration Act Exempts Transport Workers Involved In Interstate Commerce. The peculiar aspect of Flowers Foods Inc., et al v. Brock, 24-953 (S.Ct. 5/28/26) is that Angelo Brock, a transport worker who only worked in Colorado and did not deal with out-of-state employees, was held by SCOTUS to be a transport […]
Legislation Intended To Control Medical Costs Has Had The Unintended Consequence Of Making Costs More Expensive. A New York Times article dated April 22, 2026, authored by Sarah Kliff and Margot Sanger-Katz, includes the heading: “A $440,000 Breast Reduction: How Doctors Cashed In on a Consumer Protection Law.” The law is the so-called “No Surprises […]