From the California State Bar Website: Alternative Dispute Resolution Certification Working Group. Purpose Effective January 1, 2025, new Business and Professions Code section 6173 requires the State Bar to create a voluntary certification program for alternative dispute resolution (ADR) firms, providers, and practitioners. This program aims to promote adherence to ethical standard for ADR […]
Inactive Licensed Attorneys Cannot Serve As Mediators Or Arbitrators And That Does Not Violate Equal Protection. Morris S. Getzels v. The State Bar of California, No. B338089 (2/4 pub. 6/27/25) (P. J. Zukin, Justice Mori, and Judge Daum (sitting by assignment), held that inactive licensees of the California State Bar cannot serve […]
In 2024,Three Mediation-Related Measures Passed, One Did Not. As of December 22, 2024, the status of the four California legislative measures from 2024 impacting mediation practices is as follows: Senate Bill 940 (SB 940): Enacted into law on September 29, 2024, this bill establishes a voluntary certification program for Alternative Dispute Resolution (ADR) providers and […]
Mediation. Generally, we have little to say on our ADR blog about mediation, because key issues, such as the scope of confidentiality, are settled law. But there is a noteworthy Senate Bill, SB 1141 which, when it passes through all legislative hoops, will impact mediation. Currently, the superior courts cannot order a matter to […]
Governor Newsom Signed SB 365 On October 10, So Now There Are No Automatic Stays Pending Appeal When Trial Court Denies Motion To Compel Arbitration. Ordinarily, "the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby . […]
Paul Dubow And Marc Alexander Have Published An Article About FAA Preemption And California's AB 51. The article, entitled Can California Protect Employees From Entering Into Mandatory Pre-Dispute Arbitration Agreements?, appears in California Litigation, Vol. 34, No. 3 (2021). Paul Dubow is a seasoned mediator and arbitrator in the Bay Area, and Marc Alexander […]
And Provides Us With A Legislative Update . . . Molecule Man. Edward R. Roybal Federal Building. Implicit bias is a hot topic that is, or should be, of concern to mediators, arbitrators, judges, attorneys, and clients. Mediator Phyllis Pollack, who also lectures about ADR ethics at the USC Gould School of […]
Governor Brown Earlier Vetoed Legislation Banning Mandatory Employment Arbitration Based On FAA Preemption Concerns. Laurence Darmiento, Staff Writer for the LA Times, has authored an article dated December 30, 2019, and entitled: "Judge halts California law banning forced arbitration at the workplace." Darmiento writes, "U.S. District Judge Kimberly Mueller ruled that the California Chamber […]
"Restoring Justice For Workers Act." Vox reports on November 14, 2018, that on October 30, 2018, Rep. Jerrold Nadler (D-NY) and other House Democrats introduced the "Restoring Justice for Workers Act." The self-explanatory caption of the Bill is: " A BILL — To prohibit forced arbitration in employment disputes, and for other purposes." Republicans […]
The Current Rules Of Professional Conduct Became Effective On November 1, 2018. The following new rules pertain to arbitrators, mediators, or other third party neutrals: Rule 1.12 Former Judge, Arbitrator, Mediator, or Other Third-Party Neutral; Rule 2.4 Lawyer as Third-Party Neutral; Rule 2.4.1 Lawyer as Temporary Judge, Referee, […]