Should there be a tax on every ADR session?

Assemblymember Mike Feuer (left), the chair of the Assembly Judiciary Committee, has indicated to the CDRC that he believes that the ADR professionals should contribute financially to the operation of the public system of justice. While he has not proposed anything specific or publicly, CDRC understands that he is a proponent of some kind of fee or tax on ADR activities and professionals.

At this time, there appears to be no effort to pursue this option but CDRC is vigilant in checking in with state budget officials on this issue.

Contact Assemblymember Feuer and let him know your views on this issue. AND please let him know you support CDRC and the work it is doing.

Shouldn’t Californians have the right to appeal?

A bill (AB 1062) has been introduced by Assemblymember Roger Dickinson (left) which will prohibit appeals from a denial of a petition to compel arbitration.

Currently, appeals from decisions granting or denying petitions to compel arbitration are allowed. This is a good system because it allows finality on the issue of arbitrability.

In addition, the bill discriminates against California domiciled individuals and corporations. This is so because Section 16 of the Federal Arbitration Act permits appeals from the denial of a petition to compel arbitration. Thus, an out of state party who is adverse to a California resident could assert diversity and file its petition to compel arbitration in federal court and appeal if the petition were denied. This avenue would be denied to a California domiciliary unless its adversary were not domiciled in California.

Consequently, CDRC opposes the bill.

We urge you to contact Assemblyperson Dickinson and communicate your views on this important subject. AND please let him know you support CDRC and the work it is doing.