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  • Louise LaMothe Mediator Info
    if any billed later Cancellation Policy Refund in full less administrative fee of 100 if cancel in writing 30 days in advance of the mediation Otherwise a refund less administrative fee only to the extent that other matters are heard within the reserved time Payment Responsibility Counsel for the parties are jointly and several responsible for the charges Years as a mediator Part time in ADR since 1993 full time since July 1999 Number of mediations conducted 100 Subject matter of mediations conducted Breach of contract in wireless communications industry breach of contract to sell jet aircraft engines legal malpractice in divorce personal injury complex commercial litigation and real estate matters race and sex discrimination cases against public employers including a hospital and police department sexual harassment sexual orientation harassment wrongful termination breach of employee benefits contract Areas of expertise Complex business litigation employment Additional information Member AAA Large Complex Case Panel Law Practice Dispute Resolution Panel Commercial Panel Employment Law Panel Attorney Settlement Officer Panel U S District Court Central District of California Member Panel of Distinguished Neutrals CPR Center for Public Resources NASD Volunteer mediator Los Angeles Superior Court 1994 1999 Panelist Information Updated May 2 2011 Biography Louise A LaMothe Go to Mediation Panel List Contact CADRe Phone SB 805 882 4661 CADRe Home Select a Neutral Forms Articles For Neutrals Site Map 2012 Santa Barbara CADRe jordan 11 legend blue legend blue 11s jordan 11 legend blue lebron 12 jordan 11 legend blue history of jordan 6s jordan 11 legend blue louis vuitton outlet legend blue 11s history of jordan 6s kate spade outlet cheap jordans jordan 6 history of jordan history of jordan 6s cheap jordans black infrared 6s louis vuitton outlet cheap jordans history of jordan 6s beats by dre cheap legend blue 11s

    Original URL path: http://www.sbcadre.org/lamothe_med.htm (2016-02-13)
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  • Robert Westin Mediator Info
    basis subject to a three hour minimum for each scheduled conference Administrative Costs None Expenses No charge for customary overhead and burden Extraordinary out of pocket expenses reimbursed at cost Deposit Three hour minimum 600 00 due three days prior to conference Cancellation Policy Deposit will be fully refunded if case is settled prior to mediation conference or otherwise canceled 24 hours or more in advance of scheduled conference No refund if canceled 24 hours or less in advance of scheduled conference Payment Responsibility To be determined on a case by case basis Years as mediator Nine years Number of mediations conducted 85 Subject matter of mediations conducted Specialize in insurance related disputes including policy coverage premium payment underwriting and claims Also mediate a broad range of commercial disputes involving breach of contract employer employee default on debt partnership disputes buy sell agreements landlord tenant professional malpractice and others Biography Robert L Westin Go to Mediation Panel List Contact CADRe Phone SB 805 882 4661 CADRe Home Select a Neutral Forms Articles For Neutrals Site Map 2012 Santa Barbara CADRe legend blue 11s history of jordan 6s jordan 11 legend blue black infrared 6s history of jordan 6s legend blue 11s legend blue 11s michael kors outlet jordan 11 legend blue louis vuitton outlet legend blue 11s legend blue 11s beats by dre cheap legend blue 11s michael kors outlet louis vuitton outlet beats by dre outlet jordan 6 history of jordan jordan 6 black infrared history of jordan 6s lebron 12 cheap jordans beats by dre cheap Lebron 11 history of jordan 6s black infrared 6s beats by dre cheap legend blue 11s louis vuitton outlet cheap jordan shoes legend blue 11s cheap jordan shoes history of jordan 6s history of jordan 6s lebron 11 history of jordan 6s

    Original URL path: http://www.sbcadre.org/westin_med.htm (2016-02-13)
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  • CADRe: California Rule 3.1385
    affirmative relief must immediately file written notice of the settlement or other disposition with the court and serve the notice on all parties and any arbitrator or other court connected alternative dispute resolution ADR neutral involved in the case Each plaintiff or other party seeking affirmative relief must also immediately give oral notice to all of the above if a hearing conference or trial is scheduled to take place within 10 days 2 Compensation for failure to provide notice If the plaintiff or other party seeking affirmative relief does not notify an arbitrator or other court connected ADR neutral involved in the case of a settlement at least 2 days before the scheduled hearing or session with that arbitrator or neutral the court may order the party to compensate the arbitrator or other neutral for the scheduled hearing time The amount of compensation ordered by the court must not exceed the maximum amount of compensation the arbitrator would be entitled to receive for service as an arbitrator under Code of Civil Procedure section 1141 18 b or that the neutral would have been entitled to receive for service as a neutral at the scheduled hearing or session Subd a amended effective January 1 2007 previously amended effective January 1 1989 July 1 2001 July 1 2002 January 1 2004 and January 1 2006 b Dismissal of case Except as provided in c each plaintiff or other party seeking affirmative relief must serve and file a request for dismissal of the entire case within 45 days after the date of settlement of the case If the plaintiff or other party required to serve and file the request for dismissal does not do so the court must dismiss the entire case 45 days after it receives notice of settlement unless good cause

    Original URL path: http://www.sbcadre.org/CADRe/rules/califrules31385.htm (2016-02-13)
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  • CADRe: California Rule 3.800 & 10.781 - 10.783
    effective July 1 2002 Rule 10 781 Court related ADR neutrals a Lists of neutrals If a court makes available to litigants a list of ADR neutrals the list must contain at a minimum the following information concerning each neutral listed 1 The types of ADR services available from the neutral 2 The neutral s résumé including ADR training and experience and 3 The fees charged by the neutral for each type of service Subd a amended effective January 1 2007 b Requirements to be on lists In order to be included on a court list of ADR neutrals an ADR neutral must sign a statement or certificate agreeing to 1 Comply with all applicable ethics requirements and rules of court and 2 Serve as an ADR neutral on a pro bono or modest means basis in at least one case per year not to exceed eight hours if requested by the court The court must establish the eligibility requirements for litigants to receive and the application process for them to request ADR services on a pro bono or modest means basis Subd b amended effective January 1 2007 Rule 10 781 amended and renumbered effective January 1 2007 adopted as rule 1580 1 effective January 1 2001 Rule 10 782 ADR program information a Report to Judicial Council Each court must report information on its ADR programs to the Judicial Council as requested by the Administrative Office of the Courts Subd a amended effective January 1 2007 b Parties and ADR neutrals to supply information Subject to applicable limitations including the confidentiality requirements in Evidence Code section 1115 et seq courts must require parties and ADR neutrals as appropriate to supply pertinent information for the reports required under a Subd b amended effective January 1 2007 Rule 10 782 amended and renumbered effective January 1 2007 adopted as rule 1580 2 effective January 1 2001 Rule 10 783 ADR program administration a ADR program administrator The presiding judge in each trial court must designate the clerk or executive officer or another court employee who is knowledgeable about ADR processes to serve as ADR program administrator The duties of the ADR program administrator must include 1 Developing informational material concerning the court s ADR programs 2 Educating attorneys and litigants about the court s ADR programs 3 Supervising the development and maintenance of any panels of ADR neutrals maintained by the court and 4 Gathering statistical and other evaluative information concerning the court s ADR programs Subd a amended effective January 1 2007 previously amended effective January 1 2004 b ADR committee 1 Membership in courts with 18 or more authorized judges In each superior court that has 18 or more authorized judges there must be an ADR committee The members of the ADR committee must include insofar as is practicable A The presiding judge or a judge designated by the presiding judge B One or more other judges designated by the presiding judge C The ADR program administrator D

    Original URL path: http://www.sbcadre.org/CADRe/rules/califrules3800.htm (2016-02-13)
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  • CADRe: Articles
    David C Peterson Peterson JD LLM MDR 10 25 2012 DIFFICULT PEOPLE Effecting Change in How We Handle This Fact of Life David C Peterson Peterson JD LLM MDR 9 10 2010 FAQ MEDIATION VS ARBITRATION Paul Bielaczyc 8 25 2010 THE MEDIATOR S ROLE Paul Bielaczyc 1 5 2010 ESCAPE FROM SELF INFLICTED EDUCATION Ten Points to Avoid Gambling With A Client s Case David C Peterson Peterson JD LLM MDR 1 13 2009 TRANSFORMATIVE MEDIATION STYLES THAT WORK IN LITIGATION AND COMMERCIAL SETTINGS David C Peterson Esq 1 12 2009 IN MEDIATION ARE WE THINKING WISELY OR MERELY REACTING David C Peterson Mediator 1 12 2009 JUDGMENT AND DECISIONMAKING IN AN UNCERTAIN ENVIRONMENT David C Peterson Mediator 1 12 2009 LAWYERING WITH EMOTIONAL INTELLIGENCE THE KEY TO GREATER SUCCESS AND SATISFACTION David C Peterson Mediator 1 12 2009 THE DREADED IMPASSE SOME KEYS TO AVOID IT OR TO HANDLE IT EFFECTIVELY IF NOT AVOIDED David C Peterson Mediator 7 28 2008 DEVELOP A STRATEGY FOR NEGOTIATION A GUIDELINE FOR ACHIEVING SUCCESS AT MEDIATION Paul Bielaczyc 4 3 2008 GET A HANDLE ON YOUR CASE A GUIDELINE FOR ACHIEVING SUCCESS AT MEDIATION Paul Bielaczyc 12 3 2007 MAKE SURE

    Original URL path: http://www.sbcadre.org/article/default.asp (2016-02-13)
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  • CADRe: SELECTING A MEDIATOR -THE IMPORTANCE OF A MALLEABLE MEDIATOR
    to study and define or label mediators in this respect The Riskin Grid was born The Grid is a demonstrative graph which places a mediator at a point on the graph which categorizes the mediator as very evaluative or very facilitative or somewhere in between and very facilitative or very directive or somewhere in between A form is completed by the participant and from answering several questions scores are tallied the ultimate result of which determines the placement of that mediator within the grid They are essentially then labeled relative to orientations strategies and techniques as being or leaning in one direction or the other relative to their styles within the two categories Using this Grid mediators and presumably parties using a particular mediator could know the style of mediation that would take place if the mediator were evaluated pursuant to the Grid The idea of the Grid evaluation spread seemingly to every corner of the training and education fields It had an appeal similar to a personality test which draws individuals to it out of curiosity if nothing else As a result the Grid evaluation became very popular among universities and other education and training arenas With the popularity of the Grid the concept of categories of styles caught on This first was in the education and training field but eventually spread to those who regularly used mediation services including lawyers Attorneys are now expressing interest in whether a particular mediator has a directive or non directive style and whether the mediator evaluates or does not evaluate These attorneys wish to gravitate toward mediators fitting within the category they desire Another way to express it is that the attorneys want to know whether the proposed mediator is touch feely or is inclined to get in and evaluate the parties positions and direct their course in resolving the case What about this Is such an approach to selecting a mediator valid Riskin himself now says no Under increasing criticism from scholars Professor Riskin admitted that the Grid is not a valid test to determine the orientations strategies and techniques of mediators In his article published in the University of Notre Dame Law Review Professor Riskin retracts his previously stated view that the Grid accurately determines and measures the approach a mediator would take relative to the Grid categories 4 This makes sense While there is a tendency of particular mediators to exhibit one style or another relative to evaluative verses non evaluative or directive verses facilitative approaches the fact is that those mediators who are trained and experienced have learned that they cannot mediate using one particular style or approach for every mediation They realize that a myopic approach inhibits the mediator and the parties from effectively finding an agreement point especially in a litigated case To be effective mediators must make an evaluation as to that approach which is best for the particular mediation A one size fits all mindset is crippling to effective mediation A mediator must be

    Original URL path: http://www.sbcadre.org/article/detail.asp?ArtID=74 (2016-02-13)
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  • CADRe: MEDIATION TIP #7: “Interests Really Matter – Even in Money Negotiations.”
    important needs or concerns of a party are often obscured beneath an emotionally charged and misleading array of concepts which demonize the opposition and justify one s own notion of reality These concepts are translated into a position in the negotiation usually expressed in the form of great conviction about the righteousness of one s cause and relative inflexibility real or feigned in the terms of negotiation Mediation ideally gets beyond positional bargaining by exploring what was unsatisfactory in a party s past experience and what that party needs in the future i e interests In some cases it is easy to see the importance of interests In employment litigation an employer may want to improve the culture of a dysfunctional department while confidentially resolving a claim In a business case parties may want to disentangle their affairs without alienating customers or vendors In certain cases future relationships may be as important as any financial settlement of past disputes However most litigated disputes present few obvious interests beyond the sum of money changing hands Even in a straightforward money negotiation the best negotiators and mediators have a keen eye for the interests of others around the table Everyone in negotiation has interests beyond the sum of money under discussion A personal injury plaintiff may have a spouse who must be accounted for or specific financial goals i e to pay for college or retirement A young associate may need to impress the partner or the firm s important client An insurance adjuster may need cover or documented new information to justify a shift on a misevaluated file Certain participants may need to experience a measure of control at the table unfulfilled ego related needs have killed many negotiations A little creativity in acknowledging and even assisting your opponent in satisfying

    Original URL path: http://www.sbcadre.org/article/detail.asp?artID=73 (2016-02-13)
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  • CADRe: MEDIATION TIP #6: “Use the Mediator.”
    this case Next let the mediator know A common problem is one s own client If the client is too furious distraught or bullheaded to follow or even hear your advice it is tough to do your job with any hope of client satisfaction Why not call the mediator beforehand to brainstorm about what your client needs to make a rational decision Level with the mediator about the issue A skilled mediator can usually find a way to ease such clients into a fruitful discussion with your help identifying the issues For example An attorney with an obstinate client who did not trust his attorney took me into the hall early in a mediation He told me to please not ask him to discuss the negative features of the case in caucus with his client He would lose the client and the client already thought he was too negative We decided that I would be the bearer of bad news while the attorney argued the client s irrational position He stayed in the client s good graces The client heard the bad news from a neutral source and settled Counsel for a distraught parent of a child killed in an accident asked to speak with me before mediation It was a very tough liability case for plaintiff which the attorney did not want to try His client perceived the litigation as fighting for her son and would not compromise We needed a way for her to demonstrate her support for her son other than having the attorney fight a losing battle at trial We conceived of a monument to her son funded by the defense and other measures to avoid future accidents of the kind which killed her son This was negotiated before butting heads over money Case settled Advance

    Original URL path: http://www.sbcadre.org/article/detail.asp?artID=72 (2016-02-13)
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