2006 Board Minutes

CDRC Board Meeting

San Diego

January 27 & 28, 2006

Friday January 27, 2006

1:00pm

Call to Order.

Attending: Dick Bayer, Don Fobian, John Blackman, Tom Reese, Karen Smith, Elizabeth Strickland, Paul Taylor, Steve Sauer, Urs Laeuchli, Helen Kinnaird, Richard Chernick, Gary Weiner, John Horn, Mike Powell, Mickey Katz, Carl Ingwalson, Donne Brownsey.

Absent: Peter Robinson, Steve Dinkin, Linda Bulmash, Gerry Phillips, Paul Dubow, Victor Schachter, Kevin Midlam

1:02pm

Announcement / Richard Chernick

Board Member Peter Robinson named co-chair of Pepperdine Straus Institute.

Motion: Richard Chernick:

Accept October Minutes.

2^nd the Motion: John Horn

1:10pm

Annual Conference / Don Fobian

Loyola is available October 13, 2006.

Action:

John Horn can assist in arrangements as he is adjunct and on their board.

Action:

Amy Johnsgard to contact LA Athletic Club for accommodation options. Don Fobian to chair conference committee. To determine if we give Awards and to whom. Discussed gala event for honoree and key note speaker. Possibly Tom Stipanowich as keynote and Peter Robinson to receive Award on behalf of Pepperdine.

Action:

Don Fobian and to contact Lee Jay Berman, Jeffrey Krivis and Gerry Phillips to assist with annual Awards banquet along with Dick Bayer.

Motion: Richard Chernick

Conference to be at Loyola on October 13^th, 2006.

2^nd the Motion: John Horn. Approved.

Richard Chernick for JAMS and Michael Powell for AAA committed to renew their sponsorship for next years conference.

Action:

John Blackman to send 2005 Conference data to conference committee members.

1:40pm

Legislative Report / Donne Brownsey

AB770 / SB551 Mediation components removed to make voluntary and standard; CDRC neutral, offered assistance when drafting mediation language.

AB1176 Dead.

AB1553 Two year bill set for 2007.

AB1700 Dead.

AB1740 No longer includes ADR in language.

Action:

Carl Ingwalson to provide ADR Update report to Donne and CDRC Board.

California Law Review committee report provided re: study of contractual arbitration.

3:10pm

Committees & Rosters / John Blackman

Executive Committee: John Blackman, President; President Elect, Don Fobian; Treasurer, Maury Zilber; Secretary, Karen Smith; At Large Members Beth Strickland and Mickey Katz; Immediate Past President, Dick Bayer.

Motion: Dick Bayer

Accept Executive Committee as listed above.

2^nd the Motion: Karen Smith. Approved.

Legislation Chair: Mickey Katz

Arbitration Legislation Chair: Paul Dubow with members Tom Reese, Steve Sauer, Url Laeuchli, Carl Ingwalson, Mike Powell, Paul Taylor.

Mediation Legislation Chair: Don Fobian with members Jennifer Bullock, Steve Sauer, John Horn, Gary Weiner, Helen Kinnaird.

Public Policy Chair: Jim Madison with members Paul Dubow, Tom Reese, Richard Bayer, Gary Weiner, Carl Ingwalson, Kevin Midlam, Richard Chernick.

Principles and Standards Chair: John Blackman

Communications Chair: Beth Strickland

Education Southern California Chair: Mickey Katz with members Steve Dinkin, Karen Smith, Richard Chernick and Carl Ingwalson.

Education Northern California Chair: John Blackman with members Jim Madison, Maury Zilber, Gary Weiner, Tom Reese, Ruth Glick.

Membership Chair: Gerry Phillips with members Richard Chernick, Mike Powell, Richard Bayer, Mickey Katz, Urs Laeuchli and Gary Weiner.

Annual ADR Policy Conference Chair: Don Fobian with members Richard Chernick, John Horn, Karen Smith. Richard Bayer to contact Lee Jay Berman re: Pepperdine Gala. Karen Smith to work on sponsorship.

Nominating Chair: Dick Bayer with members Mike Powell, Mickey Katz, Richard Chernick, Don Fobian and John Blackman.

Awards Chair: Mickey Katz

Bylaws Chair: Maury Zilber

Community Mediation Chair: Jennifer Bullock with members Beth Strickland, Steve Dinkin, Helen Kinnaird.

Publicity and Goodwill Ambassador: Gerry Phillips

Princess of Protocol: Mickey Katz

3:20pm

National Arbitration Forum / John Horn

NAF suit against San Francisco District Attorney re: CCP 1281.96 requirements. NAF currently seeking clarification from Federal Court regarding preemption of Federal Arbitration Act and clarification of definition of ‘consumer arbitration’.

3:55pm

Medical Malpractice Mediation Bill / Dick Bayer

Dick has contacted Congressman Lipinski after Lipinski’s request for suggestions for a med-mal bill, but has yet to receive a response.

4:00pm

Special Education Mediation / Dick Bayer and John Horn

A lawsuit has been filed in Sacramento Superior Court (Case No. 05AS05621) by several advocacy groups and parents of children with special needs seeking a protective order preventing transfer of administration of the State special needs mediation program from McGeorge Law School to the Office of Administrative Hearings, who underbid McGeorge on the contract. CDRC received inquiries and notice from Gail Nugent, Maureen Graves and others to see what can be done, as there is a perception that the OAH will not be able to fulfill the requirements of the special ed statute concerning providing mediation and fair hearing services. There is some confusion in the communications from others as to whether the lawsuit deals just with the mediation portion of the program, or with administrative hearings as well.

Action:

Working Group chaired by John Horn with members Karen Smith, Don Fobian, John Horn, Carl Ingwalson and Gary Weiner.

4:15pm

SB2 (Speir) / John Blackman

This bill has made certain provisions of the Insurance Code relating to homeowners’ insurance and disaster relief claims settlement procedures permanent by way of removal of sunset provisions. There is language in these statutes dating back over 10 years which has ‘mediators’ issuing orders, making rulings, etc. The consensus of the board was to not propose amendatory legislation at this time, but instead to study the issue in the future, to see whether practical suggestions could be made concerning amendments that would allow the program to continue while respecting the proper role of mediators and mediation in accordance with CDRC Principles.

4:25pm

SCMA Collaboration / Mickey Katz

Current President-Elect Jan Schau is interested in seeking joint projects with CDRC. Discussed providing session for their conference and vendor booth with reciprocity at our conference.

4:30pm

Website Report / Elizabeth Strickland

Website hit on average 115x day, average weekly hits in excess of 1000 after conference. Beth would like to utilize the web as a better tool, requested all board members should review site prior to the next meeting.

Action:

New Board members to provide Beth with their picture and bio.

4:45pm

Nominating Committee / Dick Bayer

Chaired by immediate past with current President and with no fewer than 3 additional members. The additional members are Richard Chernick, Mickey Katz, Mike Powell, Don Fobian, Gary Weiner.

4:55pm

Awards Committee / Mickey Katz

In progress.

5:00pm

Motion:

Karen Smith: Adjournment.

2^nd the Motion: Elizabeth Strickland. Approved.

Saturday January 28, 2006

8:40am

Call to Order.

Attending 1/28: Dick Bayer, Don Fobian, John Blackman, Tom Reese, Karen Smith, Elizabeth Strickland, Paul Taylor, Steve Sauer, Urs Laeuchli, Helen Kinnaird, Richard Chernick, Gary Weiner, Carl Ingwalson, John Horn, Mike Powell, Mickey Katz, Kevin Midlam, Steve Dinkin, Donne Brownsey. Absent: Peter Robinson, Linda Bulmash, Gerry Phillips, Paul Dubow, Victor Schachter

8:45am

Treasurers Report / Maury Zilber

Currently have 3 months reserve.

Motion: Richard Chernick

Approve Budget

2^nd the Motion: Dick Bayer. Approved.

Board acknowledged Amy Johnsgard’s professionalism, efficiency and excellent administrative skills with sincere appreciation. Discussed raise for Donne Brownsey, not able to commit to that this year, however may be able to offer bonus for end of year depending upon finances.

9:00am

Education Committee / John Blackman

Mickey to chair education committee in Southern California, to work with Steve Dinkin.

John Blackman to chair Northern California is requesting assistance, suggest title of “If You Could Improve Contractual Arbitration, What Would You Do?” Richard Chernick suggested separating commercial v. consumer arbitration. John Horn suggests keeping our focus on policy and legislative issues. Don Fobian suggested med-arb as a topic. Topic of what mediation trainings should include was suggested by Richard Bayer. Steve Dinkin suggested doing a program concerning training standards once developed. Carl Ingwalson suggested vacature and finality. To do two location in SoCal; Los Angeles and San Diego.

9:15am

LA Superior Court ADR Program / Mickey Katz

Mickey met with Julie Bronson and Deborah Rothman and Max Factor regarding program. Had second meeting with same group and Judge Johnson regarding improvements to the program. Resulted in the possibility of a program with judges moderated by Deborah Rothman to discuss improvements to current program and payment options to mediators. Richard Bayer and Mickey Katz emphasized working with other stakeholders to achieve better results.

9:45am

Public Policy / Jim Madison

Committee did study of contractual arbitration for law revision commission to provide recommendations regarding arbitral immunity, out of state lawyers, arbitrator disqualification, consumer arbitrations, and definition of neutral arbitrator and revised uniform arbitration act. Does not believe we should not attempt to remove any disclosure requirements for arbitrators due to its futility. State Bar implemented active fee requirement for neutrals despite opposition. Question of accountability for Board of Governors regarding requirement of neutrals to be active and what CDRC can do. Practice points were made to read closely ethics standards to prevent vacature (Ovitz), be sure all parties sign a settlement agreement in mediation (Stewart), Arbitrators should not contribute to any delay in cases (Bosworth). Jim Madison mentioned that the Kieterakif case is coming up for oral argument in the California Court of Appeal, case regarding mediator being forced to testify. CDRC to watch.

Action:

Steve Dinkin working on a proposal for developing standards and principals for trainers and programs. To circulate draft of language in next few weeks.

11:00am

Break

11:30am

Membership / John Blackman

Kevin Midlam sent personal letters to all JAMS members to encourage membership and gained 7 new members. Gary Weiner suggested have an automatic renewal option. Gerry Phillips suggested as chair, with Richard Chernick, Richard Bayer, Mike Powell, Mickey Katz, Urs Laeuchli and Gary Weiner as members.

Action:

John Blackman will talk to Gerry about chairing committee.

Action:

Dick Bayer / Amy Johnsgard to explore automatic payment options.

Action:

John Blackman to work with Richard Bayer / Amy Johnsgard on 2005 renewal letters.

Action:

John Blackman and Richard Bayer to get membership form e-mailed to board members.

Motion: Gary Weiner

To approve test program for two organizations (SCMA and ADR San Diego) to include our membership in theirs at a $100 rate if the organization pays an organizational rate.

2^nd the Motion: Carl Ingwalson. Approved.

Action:

Dick Bayer to define language and policy to present to Executive Committee on February 3^rd conference call.

Action:

John Blackman to contact Victor Schactor to renew law firm membership drive.

Action:

Membership committee to develop list of ADR providers and law firms for membership opportunities.

12:35pm

New Business

Karen Smith suggested changing slogan to The Voice of ADR in Sacramento to California.

Motion:Richard Chernick

Change logo to The Voice of ADR in California.

2^nd the Motion: Gary Weiner. Approved.

Action:

Dick Bayer to change logo to The Voice of ADR in California.

Action:

Dick Bayer to work on membership form with John Blackman.

1:00pm

Motion:

Gary Weiner: Adjournment

2^nd the Motion: Mike Powell. Approved.

Respectfully Submitted

February 8, 2006:

Karen Smith, Secretary

Next meeting; May 21-22, 2006, Sacramento

Minutes Addenda

Jennifer Bullock report on Community Mediation Committee

1. The coalition group is working on completing a draft of an information gathering survey that we intend to circulate (on-line) to all mediation centers in CA. The goal is a collect a small amount of key pieces of data (number of mediations held, number of participants, number of inquires for service, etc) which we feel would be useful to all centers to make the case for the strength and broad reach of community mediation in the state. Our intent is to have this be circulated beginning in February. The collected data would be available via the coalition's website.

2. We are planning an in-person gathering of CA community mediation folks for the first weekend in June, probably in either Riverside or Ventura.

3. Dana Lofton, of the Riverside center, successfully got her county to raise the DRPA fee collected on filings from $3 to $8 using the impending implementation of the Uniform Court Filing Fee as leverage.

4. At the last conference call Beth Strickland and I encouraged centers to renew their membership if they haven't already. Beth also sent a email to the list serve letting people know what CDRC’s records showed for community center's membership.

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CDRC Board Meeting

Sacramento

May 21 & 22, 2006

Sunday May 21, 2006

12:30pm

Call to Order / John Blackman.

Attending: John Blackman, Dick Bayer, Don Fobian, Tom Reese, Karen Smith, Elizabeth Strickland, Steve Sauer, Urs Laeuchli, John Horn, Gary Weiner, Mike Powell, Mickey Katz, Steve Dinkin, Paul Dubow, Kevin Midlam, Maury Zilber, Jennifer Bullock, Gerry Phillips.

Absent: Peter Robinson, Linda Bulmash, Victor Schachter, Jim Madison, Carl Ingwalson, Richard Chernick.

Motion:

Steve Sauer: Accept January Minutes.

2nd the Motion: Beth Strickland

Corrections: Jennifer Bullock was absent. Beth recommended committee chairs review lists and verify lists.

12:40pm

Presidents Report / John Blackman

To review committee reports. Ad AB402 / Mickey Katz to agenda.

E-mail communications regarding Beverly Hills Bar program re:L.A. County Court mediation system.

Motion:

Dick Bayer: CDRC sponsorship of programs to be approved by executive committee.

2nd the Motion: Karen Smith. All in favor.

Mickey added that organization should be members, unless inappropriate (organizations, timely or controversial topics).

1:00pm

Treasurers Report / Maury Zilber

Received $6000 membership dues in April / May. Money will sustain through August.

John Blackman wants to develop system for membership mailings. Historically, reminder sent out at end of June, has generated business. Institutional members paid promptly. Need to consider bonus payment for lobbyist, administrator if funds available. To calendar for Los Angeles meeting.

Motion:

Kevin Midlam: Accept Treasurers Report

2nd the Motion: Don Fobian. Approved.

1:15pm

Annual Conference / Don Fobian

October 13, 2006 at Loyola. Pepperdine to accept Award at gala at L.A. Athletic Club. Keynote speaker to be Tom Stipanowich, co-director of Straus Institute. John Blackman suggested debate re:Kieturakis as plenary session, Peter Robinson to participate in debate. John Horn and Richard Chernick worked on program. Morning session to be plenary with break-outs in the afternoon to include 2 arbitration and 2 mediation topics. Don Fobian suggested community topics. Chernick has been working on best practices panel w/Frank Spalding, Susan Nycum and Louise LaMothe. Community mediation topic to include Bobby Schwarin (sp?) and unique aspects of disability mediations. Mediation panel to be about hot policy issues, Jeffrey Krivis declined to participate. Other hot topics, including collaborative law, securities, specialized knowledge, training standards. Mediation confidentiality topic to be formed, catchy title and panel to be put together. Ron Kelly, Ken Bryant and a litigator suggested.

Action:

John Horn to do draft outline of program for executive committee conference call.

Actions:

Karen Smith to organize sponsors, wants paid assistance – John Horn has recommendation. AAA, NAF and JAMS to commit to sponsorship again. Gerry Phillips suggested have CCA individuals to put together ad.

1:50pm Arbitration Legislation / Paul Dubow

Two bills of interest: First is anti-Grafton legislation. Supreme Court ruled that contract providing for waiver of jury trial barred by state constitution. 3 bills were introduced in opposition; state bar sponsored waivers except in consumer cases, 2 others allowed for no exceptions.

All 3 bills died. Current bill changes ‘waive’ to ‘may waive’. Second bill removes sunset that allows out of state representation in arbitration with registration with the State Bar.

John Horn reported NAF suit was dismissed due to lack of damages, no new activity.

2:45pm Mediation Legislation/ Don Fobian

AB770: Common Interest Development bill may not pass as it is fiscal. Bill has been changed to 2 year. DCA has mediation program for auto repair, labor, and disability.

3:00pm

Collaborative Law Legislation / Mickey Katz

AB402: May enact collaborative family law act making mediation confidentiality statutes apply to collaborative family law." To discuss with Donne Brownsey.

Action:

Gary Wiener to provide John Blackman list of collaborative law groups.

3:10pm Training Standards / Steve Dinkin

NCRC has established training standards, to send to committee for comments and review. Steve to provide draft to board for comment. John Blackman and John Horn suggested a decision needs to be made of what to do with training standards; certify, endorse programs, or as aspirational standards similar to CDRC’s other published aspirational standards?

Gary Weiner, Kevin Midlam and Urs Laeuchli concerned as to whether it is possible to establish objective certification criteria for ADR training programs that would fairly and adequately define the circumstances under which a particular program must be denied certification. Don Fobian, Dick Bayer and Karen Smith believe CDRC should do before other programs take over. More discussion after standards are revised at next meeting.

3:40pm Principles and Standards / John Blackman

To present second proposed revised draft for comment and review in order to publish.

3:45pm Education Committee / Mickey Katz

Suggestion for dialogues this year on the Kieturakis/mediation confidentiality issues, and possibly on collaborative law as well. Don Fobian to organize dialogues in San Diego, Mickey Katz in LA area, and John Blackman in Northern California.

3:55pm Website Report / Elizabeth Strickland

Up to 1600 hits a week. Suggested Tom Reese, Mickey Katz and Dick Bayer to review history on website and advise. John Blackman, Don Fobian and Dick Bayer to update legislative developments. Dick Bayer suggested more e-mail blasts and for members to pass blasts on to others.

4:05pm Community Mediation / Jennifer Bullock

CCCM is having conference gathering June 2nd in Simi Valley to discuss projects, internal matters and program development. Is working on data gathering for mediation statistical data.

4:15pm

Kieturakis Case / John Blackman

Executive Committee consensus was to file amicus letter brief with Supreme Court seeking depublication or in the alternative acceptance of petition for review. Lengthy board discussion concerning how to proceed.

Motion:

Karen Smith: Jim Madison’s draft amicus letter to be circulated among Public Policy and Executive Committees for input before filing. 2nd the motion: Mickey Katz. Yeas: 14, Nays: 3 (Dubow, Bayer, Laeuchli).

4:30pm Legislative Speakers / John Blackman

The board discussed who would be coming to visit the board for the next day’s session and what to cover with each of the guests.

Motion:

Adjournment: Karen Smith

2nd the Motion: Elizabeth Strickland.

Monday, May 22, 2006

8:30am Call to Order.

Attending 5/22: John Blackman, Dick Bayer, Don Fobian, Tom Reese, Karen Smith,

Elizabeth Strickland, Steve Sauer, Urs Laeuchli, John Horn, Mike Powell, Mickey Katz, Kevin Midlam, Steve Dinkin, Donne Brownsey, Paul Dubow, Gerry Phillips.

Absent: Gary Weiner, Peter Robinson, Linda Bulmash, Victor Schachter, Richard Chernick, Paul Taylor, Carl Ingwalson.

8:30am DRPA Meeting / Beth Strickland

Four meetings took place across the state regarding DRPA funds issues, identifying responsibilities and reporting for statistical data to provide to Donne Brownsey for future bills and legislative issues.

9:00am Daniel Pone and Heather Anderson / Judicial Council

Heather reported on uniform filing fee and DRPA funds for community mediation programs. $8 allocated for mediation programs, each county can opt-in to full amount. Funds are uniformly distributed to programs as requested by counties. Moratorium in place until Feb. 2007, then task force to evaluate fees. Heather honored for her commitment and tenacity.

Technical changes to disclosure requirements were out for public comment re: SEC requirements. May bring together group to evaluate comments.

9:30am Assembly Member Dave Jones

Chair of the Assembly Housing Committee. Discussed removing sunset of AB2482, Kieturakis, Gentry class action suit and CID mediations.

10:30am Assembly member Gene Mullin

AB770/SB551: Common Interest Development ombudsmen in DCA supported by $5 per year per household. Is intended to be information center with ADR component. DRPA funds.

11:15am

Donne Brownsey / Legislative Report

Recommended we start task force now for DRPA fee moratorium expiration and CID bills. Requested as much data as possible to use as informational tools. To communicate our interest in CID to legislature and recommend referral out for mediations. Mickey suggested Donne Brownsey add ‘collaborative law’ to search criteria and CDRC examine field.

Motion:

Karen Smith: Mediation committee to develop CDRC’s position and submit to executive committee. 2nd the motion: Kevin Midlam. All in favor.

12:45pm New Business / John Blackman

Fee reduction with SCMA and NCRC. To revisit idea with new SCMA president Jan Schau. John Horn suggested Pepperdine should promote CDRC through their programs. Dick Beyer to print more CDRC brochures, membership forms.

Next meeting San Jose July 21 & 22, 2006.

1:00pm

Adjournment