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Links to Articles:
1-9-2008 Draft of Civil Mediation Resolution
Ltr 2 Howard Fredman.Draft Resolution Mediator Pay.1-23-08
CAOC Response to Proposal.1-17-08
Comments on proposed amendments to CCP 1775 statutes - 1-16-08
Judge
Helen Bendix Response re Proposal.1-14-08
Dear Colleagues:
At the request of BHBA President
Marc Sallus, the BHBA Section on Conflict Resolution (SCR) is in
the process of developing a recommendation to the BHBA Board of
Governors (BOG) on whether and to what extent the BOG should
adopt a policy which advocates for the payment of mediators in
court sponsored mediation programs.
As a starting point, we are
examining a proposal which has been submitted to the BHBA
Resolutions Committee (ResCom): the proposal provides for
changes, by legislation, to CCP 1775, et seq., which concerns
payment of mediators in court-annexed civil action mediation
programs, a copy of which is attached hereto (Draft Civil
Mediation Resolution 1-9-08)("Proposal").
The SCR is seeking comments from
you, its members, as to your views in order for SCR to provide
advice on the Proposal. Also attached are separate comments on
the Proposal from Alan Wiener and Heather Anderson, staff at the
Administrative Office of the Courts (AOC), Judge Helen Bendix
and Julie Bronson (LASC), and Consumer Attorneys of California (CAOC).
Please also feel free to discuss any information contained in
these attachments.
In
principle, the Executive Committee of SCR is in favor of the
ultimate goal: Mediators participating in court-annexed civil
action mediation programs should be paid in appropriate cases.
Do you agree with this principle? While there is no disagreement
about the goal to be achieved, divergence of opinion arises
concerning what procedures best meet the needs of all the
stakeholders to achieve payment of mediators.
Based on our deliberation and consideration of the proposed
Resolution and in light of the strong views expressed by
stakeholders AOC, LASC and CAOC staff, we believe it would be in
the best interest of all the stakeholders that we all meet;
i.e., the proposal's author (Elizabeth Moreno), interested
ResCom members, interested SCR members, and key stakeholders to
discuss the issues. In a cooperative effort, the stakeholders
should be able to reconcile differences and achieve consensus on
a proposal in support of mediator pay. Specifically, we are
recommending that such a meeting be in the form of a discussion
facilitated by a well-regarded agreed upon mediator.
Your view on these issues are
important.
Procedural Background:
BHBA Resolutions Committee
As stated in the Proposal, the
author is an individual member of the BHBA Resolutions
Committee, Elizabeth Moreno. Ms. Moreno submitted her proposal
to the Resolutions Committee (chaired by Howard Fredman). The
Resolutions Committee submits its proposals to the BHBA Board of
Governors for approval. Then, only proposals approved by the
Board are submitted on behalf of BHBA for consideration by
members of the Conference of Delegates.
BHBA Section on Conflict
Resolution
SCR formed a small working group,
chaired by Herbert Katz and including Alan Wiener and Heather
Anderson (AOC Staff), Judge Helen Bendix and Julie Bronson (LASC),
Michelle Katz (CDRC Representative), Myer Sankary
(President-Elect, SCMA), Gerald Phillips BHBA BOG Liaison to SCR)
and Gail Kaplan (SCR Chair) to evaluate the Proposal
expeditiously. Although we had planned to develop a broad
working group in addition to AOC and LASC staff, CDRC, SCMA, and
certain BHBA committees and sections, CAOC and other important
stakeholders, time constraints imposed on SCR limited our
desired approach. The working group is soliciting comments on
the Proposal and the views of AOC, LASC and CCAOC staff from the
Section's more than 200 members by January 28, 2008. The working
group will represent SCR members' views in a forthcoming meeting
with all the stakeholders. If a written opinion by SCR is
needed, the working group will incorporate the SCR members'
views into that document.
Please feel free to address any
questions you may have to
Herb Katz, Chair - Proposal Working Group (310) 312-4533
hvlaw.comkatz@klm.com
PLEASE SEND YOUR COMMENTS By
January 28, 2008, VIA
"REPLY" TO Herb Katz and
Gail Kaplan
NOTE: Only "REPLY" comments
can be considered.
hvlaw.comkatz@klm.com or
GailKaplan@MediateSolutionsNow.com
We appreciate your
consideration and look forward to your views.
Best Regards,
Gail Kaplan
Attorney Mediator
Chair, BHBA Section on Conflict Resolution
MediateSolutionsNowLLC
2355 Westwood Blvd., #240
Los Angeles, CA 90064
T 310.826.8858
GailKaplan@MediateSolutionsNow.com |
