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  • CADRe: Foxgate: Silver Lining with a Dash of Cloud
    still permits These sanctions motions will be heard in the shadow of the courts perpetual struggle with overcrowded calendars and the fact that the fastest way to move cases is by getting them to settle Many lawyers have reported to us and our own observations confirm that in many courtrooms this struggle has led many judges to order virtually every case to mediation after an initial status conference There is no inquiry as to whether the case is ripe for settlement or otherwise appropriate for mediation It doesn t cost the judge anything and if the case is thrown against the mediation wall a settlement just might stick So off to mediation these cases go It s no surprise that nothing too productive happens in many of the mediations that are compelled without any meaningful screening And it s also no surprise that at least one side and often both leaves such a mediation very very frustrated They view themselves as having come in good faith and the other side as having never even started the negotiation dance Lawyers spent time preparing parties may have traveled great distances or taken time off from work and the attorney client conversations in preparation for the mediation reactivated the traumatic events which gave rise to the litigation in the first place The frustration these parties feel will find its natural outlet in a sanctions motion Foxgate s limitation of the grounds for such motions to bad faith conduct rather than communications will scarcely limit creative counsel s ability to bring each other before the courts The best evidence again comes from this newspaper In the July 10 article announcing the Foxgate decision Leonard Steiner the lawyer who brought the Foxgate sanctions motion is reported as being pleased with the court s acknowledgment that mediation participants as opposed to mediators are free to alert judges to bad conduct by their opponents We ll look into that and we may well do it he said Steiner s response which will be echoed by scores of other frustrated litigants should come as no surprise For the distinction between communications and conduct is indeed without a difference Merriam Webster s Online Collegiate Dictionary for example defines communication as a process by which information is exchanged between individuals through a common system of symbols signs or behavior Conduct is defined as the act manner or process of carrying on We challenge even the most subtle legal minds to draw a difference between these concepts in the context of the sanctions motions which Foxgate seems to invite Worse in Footnote 14 of its opinion Op At 22 the Foxgate court states that neither section 1119 nor section 1121 prohibits a party from revealing or reporting to the court about noncommunicative conduct Yet how can conduct evidence bad faith participation in a mediation unless that conduct is intended to communicate something Conduct can evidence bad faith participation in the mediation only if it communicates an unwillingness to participate in the

    Original URL path: http://www.sbcadre.org/article/detail.asp?artID=55 (2016-02-13)
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  • CADRe: Articles
    2001 All Dressed Up and No One to Dance With Issues Regarding Bad Faith Attendance at Mediation Craig McCollum 8 18 2001 REPORT FROM THE CADRe OFFICE August 18 2001 Chris Profio 8 1 2001 10 Steps In Preparing For a Mediation Jeffrey Krivis 6 1 2001 From Conflict to Resolution When to Negotiate the Litigated Case Jeffrey Krivis 5 1 2001 The Starbucks of Alternative Dispute Resolution Heather Reed Streeter 4 1 2001 REPORT FROM THE CADRe OFFICE April 25 2001 Chris Profio 3 1 2001 Mediation Advocacy in Elder Abuse Cases Kevin T McIvers Esq 1 1 2001 Preparing For A Personal Injury Mediation from the Defendant s Perspective R A Carrington 12 1 2000 Santa Barbara CADRe Performance Statistics Chris Profio 11 1 2000 Creating Certainty for Your Client Using Mediation in Estate Planning Judith Rubenstein Christopher Rubenstein 11 1 2000 Outside the Box Alternative Formats in Employment Mediation Nancy J Warren 10 1 2000 Preparing For A Personal Injury Mediation From the Plaintiff s Perspective R A Carrington 10 1 2000 Hands Off Mediation Confidentiality Lee Jay Berman 9 1 2000 Baseball Arbitration I Charles E Rumbaugh 8 1 2000 MEDIATION Maintaining Integrity in the Process

    Original URL path: http://www.sbcadre.org/article/Default.asp?offset=40 (2016-02-13)
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  • CADRe: CADRe is User Friendly
    ADR the judge may order them to a CADRe Conference This simply requires that they meet with the CADRe office and discuss the various ADR options available on their case The judge may also require the parties to attend the CADRe conference Those options are as follows for cases of 50 000 or less that may be ordered to Judicial Arbitration the parties now have the option of selecting Mediation in lieu of Judicial Arbitration This process like Judicial Arbitration costs the parties nothing The court pays the mediator the same 150 per case it pays the judicial arbitrators The CADRe office assigns the mediators in these cases For cases over 50 000 CADRe currently offers two voluntary options CADRe Mediation and Binding Arbitration both fee based panels of expert neutrals whose resumes and biographical information are available at the CADRe office and will soon be accessible on the CADRe site on the world wide web CADRe will soon be offering two additional ADR options Neutral Evaluation and Special Masters The procedures that follow the CADRe process are rather simple but there is not a lot of time to waste Within 10 days following the CADRe process the parties need to agree on a process select the neutral in cases over 50 000 contact the neutral schedule a date within the next 60 days for the CADRe process and return the CADRe Stipulation to the CADRe office After completing the CADRe process the neutral will file a Statement of Agreement or Non agreement with the court The parties will then be asked to provide the CADRe office with a survey giving feedback on their experience with the neutral and the process This means that all tolled the majority of cases should resolve themselves within seven months after filing www SBCADRe

    Original URL path: http://www.sbcadre.org/article/detail.asp?artID=33 (2016-02-13)
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  • CADRe: Superior Court Launches Court Administered Dispute Resolution (CADRe) Program
    litigating parties and lower their costs CADRe Court Administered Dispute Resolution offers litigants early settlement options including mediation neutral evaluation and binding arbitration CADRe will result in faster more satisfying and less expensive solutions for citizens in dispute said Presiding Judge and Chair of the Appropriate Dispute Resolution Programs Committee Frank J Ochoa The court will be more efficient and user friendly because of CADRe added Ochoa The Court has also hired Lee Jay Berman and experienced mediator and mediation trainer to direct the CADRe program Prior to his appointment with the court Mr Berman operated his own mediation practice in Santa Monica He serves on the Board of the California Dispute Resolution Council and is the Chair of CDRC s Qualifications and Standards Committee which recently published Standards of Practice for California Mediators CADRe is the first program of its type in Central or Southern California and I am excited to contribute toward its development as a model for courts across the nation said Berman The future of litigation is dependent upon successful programs like CADRe The Santa Barbara Superior Court recognized this and responded in a meaningful way that should yield great results for all of its participants added Berman CADRe s establishment is the result of 18 months of planning and development by the Superior Court s Appropriate Dispute Resolution Programs Committee Robert Oakes J D M B A a professor of law at McGeorge School of Law in Sacramento designed CADRe The Superior Court is to be commended for adopting the most innovative user friendly and cost effective early case settlement program available said Oakes CADRe is a model that will become the standard throughout California and that should make Santa Barbara very proud concluded Oakes At the parties first appearance in court the parties and

    Original URL path: http://www.sbcadre.org/article/detail.asp?artID=34 (2016-02-13)
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  • Patricia A. Hiles Mediator Info
    None included in minimum fee Expenses Only actual extraordinary expenses incurred e g cost of renting a large venue if necessary Deposit Minimum fee 600 payable when the date is set Cancellation Policy Full refund if cancellation is 10 days or earlier than date set 50 refunded thereafter if mediation is canceled not rescheduled Payment responsibility Borne equally by the parties unless they agree otherwise Experience 30 years in the practice of law thousands of cases and negotiations 10 years judicial arbitration dozens of arbitrations 1 year mediation Subject matter Mediation Trusts estates probate real property disputes contracts Arbitration Contracts debts personal injury malpractice warranties landlord tenant disputes Areas of Expertise Primary areas of expertise Trusts Estates Probate Estate Planning Administration of Trusts Estates Fees Federal Estate Tax Secondary areas of expertise Real estate transactions Income tax Additional Information See Biography page Biography Patricia A Hiles Go to Mediation Panel List Contact CADRe Phone SB 805 882 4661 SM 805 614 6555 CADRe Home Select a Neutral Forms Articles For Neutrals Site Map 2008 Santa Barbara CADRe legend blue 11s cheap jordan shoes jordan 11 legend blue louis vuitton outlet Louis Vuitton Outlet cheap jordans cheap jordan shoes legend blue 11s history of jordan 6s black infrared 6s beats by dre outlet black infrared 6s jordan 6 history of jordan beats by dre cheap black infrared 6s jordan 11 legend blue jordan 11 legend blue beats by dre outlet history of jordan 6s history of jordan 6s beats by dre outlet legend blue 11s lebron 11 michael kors outlet legend blue 11s history of jordan 6s jordan 6 history of jordan michael kors outlet lebron 11 history of jordan 6s legend blue 11s black infrared 6s black infrared 6s louis vuitton outlet beats by dre cheap louis vuitton outlet jordan

    Original URL path: http://www.sbcadre.org/hiles_med.htm (2016-02-13)
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  • CADRe: All Dressed Up and No One to Dance WithIssues Regarding Bad Faith Attendance at Mediation
    are signed by all counsel mandating the attendance of parties and any persons necessary to have full authority to resolve the dispute So when counsel arrives at a mediation without proper and necessary parties it is understandable that the other parties and their counsel are upset Nonetheless a mediator is precluded from reporting any such failure of the proper parties to attend or deal in good faith to the court due to the confidentiality provisions of Evidence Code Sections 1115 1128 To hold otherwise would impinge upon the mediator s position of neutrality and impartiality which is essential to the sanctity as well as the success of the mediation process The legislature recognized this priority in enacting Evidence Code Section 1121 which precludes a mediator from providing any report to the court other than one which states whether or not an agreement was reached at mediation unless all parties expressly agree to the contrary Evidence Code Section 703 5 also states that a mediator is generally incompetent to testify at any subsequent proceeding This position has recently been confirmed by the holding of the Supreme Court in Foxgate Homeowners Association Inc v Bramalea California Inc et al July 2001 26 Cal 4 th 1 108 Cal Rptr 2 nd 642 25 P 3d 1117 In Foxgate a large construction defect case the appointed special master pursuant to a Court Management Order also sat as mediator He ordered a mediation at which all counsel were ordered to attend with their experts and insurance representatives When the counsel for the defendant cross complainant developer showed up late without any experts and took a no liability position the mediation was aborted The mediator subsequently filed a report with the court advising that the acts of this particular counsel had not complied with the order and had used obstructive bad faith tactics to the detriment of the mediation process Ultimately the Supreme Court held that the trial court could not properly consider the report of the mediator special master which supported a request for sanctions It must be pointed out that Evidence Code section 1121 does not preclude attorneys from bringing a motion for sanctions supported by the declaration of counsel and or the parties where the parties required to be in attendance do not appear The motion will simply have to be made without the supporting declaration or report of the mediator Where the issue is not attendance but whether the persons who attended the mediation had the necessary settlement authority or acted in good faith a motion becomes more problematic As stated by Lee Jay Berman a well known mediator with the American Arbitration Association and former director of the Santa Barbara CADRe program There is a legitimate question when it comes to settlement authority and good faith It is not my job as mediator to say that if XYZ Insurance Company puts 5 000 00 on a case and the plaintiff wants 500 000 00 that one of the parties or

    Original URL path: http://www.sbcadre.org/article/detail.asp?ArtID=54 (2016-02-13)
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  • CADRe: REPORT FROM THE CADRe OFFICEAugust 18, 2001
    4 0 program that can be downloaded for free if it isn t already installed on your computer OR the complete Adobe Acrobat 4 0 application software All the forms and instructions for doing this are available on the CADRe website at www sbcadre org forms ct htm Early reports from users continue to be positive but please let me know ASAP if you have any problems using these new versions of the forms The latest program statistics are now available for your review in PDF format on the CADRe website at www sbcadre org CADRe stats htm To recap The CADRe program began accepting cases on July 12 1999 As of August 3 2001 the South County judges referred a total of 700 cases to CADRe with 390 of these cases opting into the program Ten of these cases selected Early Neutral Evaluation with four of these cases resolving either at the evaluation or within 60 days of it One case opted for Binding Arbitration though the case eventually settled prior to any further ADR proceedings At least three cases elected to use a Special Master though the parties subsequently took one case to mediation which ended in agreement 201 South County cases opted for Limited Mediation available where the amount in controversy does not exceed 50 000 00 and CADRe assigns a mediator to the case at no cost to the parties As of August 3 a total of 134 of these mediations have completed with 73 of these ending in agreement for a respectable 54 47 agreement rate This figure doesn t include an additional 29 cases that settled prior to the scheduled mediation Of the 41 mediations that ended in non agreement 20 of the cases settled within 60 days of the mediation 174 cases opted for CADRe Mediation where the amount in controversy exceeds 50 000 00 the parties select their mediator and pay the mediator s market rate As of August 3 a total of 137 of these mediations have completed with 99 of these ending in agreement for an impressive 73 88 agreement rate An additional 7 cases settled prior to the scheduled mediation Of the 30 mediations that ended in non agreement 7 of the cases settled within 60 days of the mediation The program continues to grow and perform well in North County From the start of the program to August 3 the North County judges referred a total of 307 cases to CADRe with 198 of these cases opting into the program 102 of these cases opted for Limited Mediation 71 of these mediations were completed to August 3 with 43 ending in agreement for a 61 97 agreement rate 13 cases settled prior to the scheduled mediation Of the 20 non agreement cases 13 of them settled within 60 days of the mediation 94 of the cases opted for CADRe Mediation 69 of these mediations completed as of August 3 with 51 ending in agreement for a 73 91

    Original URL path: http://www.sbcadre.org/article/detail.asp?artID=52 (2016-02-13)
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  • CADRe: 10 Steps In Preparing For a Mediation
    let the informality of the procedure lull you into something less IDENTIFY THE ISSUES IN DISPUTE Make a written list of what you consider are the critical issues of the controversy This will allow you to focus the negotiation on those issues and assist in your objective evaluation of the case DO A CRITICAL INFORMATION ANALYSIS Make sure you have all the information you need regarding liability and damages before the hearing If legal research is involved bring copies of appropriate research to the hearing to share with the mediator ANALYZE HOW YOU WOULD TRY THE CASE Evaluate the strengths and weaknesses of the case from an objective perspective What verdict would a jury likely return in the case or what conclusions would a judge make Consider what your realistic expectations are based on criteria that can be supported by the evidence This allows for a balanced approach to the case rather than a subjective evaluation PLAN YOUR PRESENTATION Consider what information about your interests and the facts of the case you want to disclose to the mediator and what information you want to disclose to the opposing side Usually full disclosure to the mediator helps facilitate a successful settlement PREPARE A SIMPLE CASE SUMMARY Also known as a position statement or brief this is your opportunity to outline the facts of the case issues in dispute damages and other factors Consider the value in providing a confidential statement to the mediator which includes your thoughts on what criteria you will use to determine when an agreement proposed is fair how you think the other party realistically views their chances of success and what you think the other party views as a fair outcome for both sides Step 4 DEVELOP A NEGOTIATION STRATEGY Although the mediator will meet with the other side to communicate offers and counter offers you should have a clear idea of how you want the negotiation process to proceed You should also consider how to make your proposals palatable to the other side IDENTIFY THE CURRENT NEGOTIATING POSITION OF THE PARTIES Do a mental review of the negotiation activities conducted to date so you know where to begin or where the opposing party might perceive where you will begin This is a good opportunity to remind yourself of your common goals DETERMINE WANTS AND NEEDS Often referred to as interests these are the silent movers that motivate people to change their positions in a negotiation Your position is something you decided upon while your interest is what caused you to decide CONSIDER WHAT S AT STAKE Objectively evaluate your case through information obtained through litigation or independent verifiable criteria such as jury verdicts CREATE FAVORABLE PERCEPTIONS Negotiation is a series of communications in which the parties attempt to alter each other s perceptions To be successful you must be able to manage the information received by the other side Do this by listening actively respecting the other side s claim posing arguments making proposals and offering

    Original URL path: http://www.sbcadre.org/article/detail.asp?artID=53 (2016-02-13)
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