2003 January
MINUTES
Board of Directors Meeting
January 17, 18, 2003
Present: Board Members; Dick Bayer, John Blackman, Susan Bulfinch, Mike Carbone, Mary Culbert (day 2), Paul Dubow, Don Fobian, Ruth Glick, Jonathan Gross, Mickey Katz, June Lehrman (day 2), Jim Madison, Gerry Phillips (day 1), Tom Reese, Elizabeth Strickland, Frank Spalding, Ira Spiro, Nancy Warren. Former Board Member; Ellen Miller (part of day 1). Absent: Board Members; Lee Jay Berman, David Finch (excused due to fog), Kevin Midlam.
Meeting was called to order by President Mickey Katz.
Board Members took a turns introducing themselves to the others and told a little about their background and link to the Council.
Ruth Glick gave the Legislative Report in Donne Brownsey’s absence.
Ÿ Ruth began with a history of last year’s activities, focusing on the developments in the arbitration arena, beginning with SB 475 going into effect January 1, 2002 and the arbitration ethical standards added onto it on July 1, 2002; then moving on to the package of six bills borne of the Ren Holding series of articles published in the San Francisco Chronicle in Fall of 2001. Five of the six were signed into law by the Governor and one other was eliminated by attachment to the one unsigned.
Ÿ Ruth identified the players for the coming year. Ann Richardson is the person on the Governor’s staff who Donne will be working with regarding any new legislation. The following members are on the Assembly Judiciary Committee: Corbett (chair), Harmon, Bates, Dutra, Hancock,
Ÿ Discussion on CDRC’s role and focus in the coming term followed. Discussed without motion/action were: CDRC’s goal should be “Access to Justice”. Proactive, as well as reactive involvement. It may be time to start looking at what’s happening in the rest of the country. Perhaps sponsoring a conference for addressing organizations in other states. Continued vigilance regarding incorporation of CDRC standards in new legislation for mediation and arbitration. Perhaps we should write our own bill/s.
The minutes from the
Nominating Committee; Jim Madison, Chair, and his committee need to nominate individuals to fill 2 board openings to replace Hal Coleman and Linda Fritz. Next committee chair will be immediate past-president, Ruth Glick.
Ellen Miller gave an historical overview of the California Dispute Resolution Council and the subsequent formation of the California Dispute Resolution Institute for the benefit of the newly elected Board Members.
Tom Reese gave an update on CDRI’s current potential metamorphosis into a section of the
Ellen Miller, on behalf of former Board Member Carl Ingwalson, presented a ‘proactive’ suggestion for CDRC’s Board to consider. Carl suggests that CDRC sponsor a bill that would allow courts to mandate mediation.
Comments:
Ÿ Courts do not have judicial authority to mandate and charge the parties for the service.
Ÿ The purpose is primarily the educational value of the process.
Ÿ
Ÿ Get data from
Ÿ Political risks (especially in today’s climate) for anything non-voluntary.
Ÿ Collaborate with judges associations, attorneys, business lawyers, etc.
No action was taken. The topic is to be discussed at the May meeting in LA.
The Treasurers’ Report was presented by the outgoing Treasurer, Tom Reese and the newly-elected Dick Bayer. CDRC’s Department of the Treasury is now on a calendar year, 12-month budget. Acknowledging that there exists a deficit balance in the annual budget, the Treasurers’ Report was unanimously approved. Don Fobian, moved; Ruth Glick, second.
DAY 2
Legislative Committee Chair, Tom Reese, suggested that CDRC consider providing the State Bar ADR Committee with legislative updates of current bills. Can CDRC sell information or subscription to information to help offset Donne’s salary?
For updates to current legislation, search website www.sen.ca.gov.
Principals and Standards Committee; Lee Jay Berman, Chair: A review of CDRC’s standards is due in the not too distant future. Consideration and, perhaps, incorporation of recent California Standards, as well as Appellate Decisions, need to be considered.
Public Policy Committee; Jim Madison, Chair: Jim gave an update on the Rojas letter and informed new Board Members of the Foxgate amicus curiae brief. Jim Madison and Mary Culbert will draft an amicus brief for the Court’s revisit of the Rojas case and distribute it to the Board for comment . There was discussion of renaming the committee, but it was decided that the committee had the authority to rename itself, if it so desired.
Membership Committee; June Lehrman, Chair: While reminding the Board that we are in a “perpetual state of crisis”, June further stated that we are currently in a period of “relative stability”. Membership has risen. However, the long-overdue increase in Donne’s salary has created a need for more funding. The usual suggestions were offered: pass out brochures, contact renewals, recruit new members and organizations, etc. Renewal letters are scheduled to be sent. A fee increase proposal will be prepared and considered at the May meeting. A new brochure will be created by Dick Bayer, who will get the existing disc from Jim Madison. It will incorporate the new address, phone number and membership categories. The following was acted upon in the form of a motion: A Committee was formed to deal with organizational/individual membership, levels of membership, voting privileges for organizations and conference attendees. The members of the Committee are Dick Bayer (chair), June Lehrman, Mary Culbert, Mike Carbone, Jim Madison and Mickey Katz. They are charged with presenting a proposal to the Executive Committee, who will provide a final draft to be distributed to the entire Board and voted on electronically for majority approval of the entire Board prior to the May meeting. Motion by Dick Bayer; Jonathan Gross, second. Approved, unanimously.
Jay Welsh will meet with Mickey Katz in February to discuss future possibilities for enhanced JAMS funding.
By-Laws Committee; Mary Culbert, Chair: By-laws will have to be revised to comport with revisions being made by the new committee reviewing membership categories.
The following Board Members were nominated by President Mickey Katz and approved unanimously as Chairs of their respective committees: Legislative Committee, Tom Reese; Public Policy, Jim Madison; Membership, June Lehrman; By-Laws, Mary Culbert; Communications, Dick Bayer; Awards, Ruth Glick; Nominating, Ruth Glick.
Board Meeting dates:
May 2-3
September 28-29
November 14-15
Executive Committee meetings by telephone conference call, last Friday of each month,
Public Policy Committee; Jim Madison, Chair: The Rojas letter to the Supreme Court is on the web-site. The CA Supreme Court has granted review of the Rojas decision, with all seven Justices voting for the Hearing. Jim Madison moved to authorize the Public Policy Committee to prepare an amicus curiae brief. Mike Carbone, second. Approved unanimously, with Frank Spalding abstaining.
Respectfully submitted,
Don Fobian
Secretary
2003 May
MINUTES
California Dispute Resolution Council
Board of Directors Meeting
May 2nd and 3rd, 2003
Los Angeles, California
Present: Board Members; Dick Bayer, Lee Jay Berman (day 2), Susan Bulfinch, Mike Carbone, Mary Culbert, Paul Dubow, David Finch, Don Fobian, Mickey Katz, June Lehrman, Jim Madison, Kevin Midlam, Gerry Phillips, Tom Reese, Elizabeth Strickland, Frank Spalding, Ira Spiro (day 2), Maurice Zilber. Past President: Bob Barrett (day 2) Absent: Board Members; John Blackman, Ruth Glick, Jonathan Gross, Nancy Warren.
Meeting was called to order by President Mickey Katz.
Donne Brownsey reported that it has been a slower year in Sacramento. The legislators came back this year with bills for what they did not get last year regarding consumer arbitrations. There are inconsistencies in the definition of “consumer party” as by the Judicial Council and proposed legislaton. Ruth Glick testified in Sacramento regarding the standard of materiality and attorney and party disclosure. Because of the budget situation, any bills with fiscal are not going anywhere.
Minutes of the January board meeting were read and approved. Motion by Gerry Phillips; second, Mike Carbone; approved unanimously.
Dick Bayer gave the Treasurer’s Report. It was reported that we had funding for the next three months and there is an urgency to come up with some more money. It was suggested that we look to other possibilities for revenue, perhaps selling consumer arbitration software. The motion to approve the minutes was made by Don Fobian, with June Lehrman seconding. It passed unanimously.
June Lehrman gave the Membership Report. Membership is up slightly from last year. June was going to e-mail names of “lost” members from 2002, 2001 and 2000 to regional coordinators. Helen Kinnaird representing the San Diego area; David Finch, northern California; Susan Bulfinch, Mary Culbert and Mickey Katz, Los Angeles.
Motion to form a brochure subcommittee to redesign and provide text for a new brochure. Moved by Mary Culbert; second, Kevin Midlam; Passed unanimously. Dick Bayer, Chair; Members are Dave Finch, Gerry Phillips, Jim Madison, Beth Strickland, Mickey Katz, Mary Culbert, Helen Kinnaird and June Lehrman.
Motion to designate the following individual membership categories and fees:
Student/Volunteer/Friend of ADR $ 50
Professional $ 150
Contributing $ 250
Sustaining $ 500
Sponsoring $1,000
June Lehrman moved; Kevin Midlam, second; the motion passed with Frank Spalding and Maurice Zilber opposing.
Motion to designate the following organizational categories and fees:
Institutional $4,000
(to be named) $2,500
(to be named) $1,000
Community $ 250
Jim Madison moved; Maury Zilber, second; the motion passed unanimously.
Motion to change the Student/Volunteer/Friend of ADR category to “Affiliate”.
Moved by Dick Bayer. No discussion. The motion passed with Jim Madison, David Finch, Beth Strickland and Don Fobian opposing.
Motion to offer mid-year new members an extended membership, up to 18 months, until the end of 2004. Moved by June Lehrman; Kevin Midlam, second. The motion passed with Dave Finch, Mary Culbert, Gerry Phillips, Beth Strickland and Helen Kinnaird opposing.
Jim Madison gave the Public Policy Report. The Rojas case was in limbo. The status is unclear because the plaintiff had settled after the opening brief was filed. CDRC will file a brief if the case proceeds. Ivan Stevenson, Foxgate Rascal, is expected to file a brief, as well. Our brief would not be due until 9 days after the briefs are filed on the merits.
Frank Spalding suggested that CDRC seek ways to have influence on the Judicial Council. Frank distributed a memo for board consideration that would perhaps have us draft a letter to send to the JC calling into question its process and how we could take a more active role in its decision making.
Lee Jay Berman gave the Qualifications and Standards Committee Report. It is time to review the principles and standards and incorporate any appropriate changes made necessary by legislation, Judicial Council or court decisions. Lee Jay expressed interest in raising the issue of mediator credentialing and suggested that CDRC take a lead in discussing the topic with members.
A motion was presented to prepare a plan for how to gather input from members and organizations. What do we want to achieve and how can we best achieve it? Q&S to draft a proposal for the next board meeting. Kevin Midlam moved; Dick Bayer, second; the motion passed with Mary Culbert opposing.
Bob Barrett, Tom Reese, Mickey Katz, Ruth Glick, and Richard Spohn met to discuss the relationship between CDRC, CDRI and the Leo McCarthy Center for Public Service and the Common Good. CDRI established its relationship on April 1st. It will officially be a part of the McCarthy Center after June 30th. The Annual Meeting will be held at USF on November 14-15.
A motion to form a committee and charge it with revising the MOU and have the Executive Committee have final authority to approve it, pending approval of the Diva of the By-laws (Mary Culbert). Moved, Dick Bayer; second, June Lehrman. The motion passed unanimously.The Committee Members are Tom Reese, Mickey Katz and Bob Barrett.
A motion to distribute an announcement about our Annual Meeting through the USF Law School program. Moved, Dick Bayer; second, Tom Reese. The motion passed unanimously.
Motion to authorize the Public Policy Committee to encourage local courts to continue funding ADR programs. Moved, Frank Spalding; second, Gerry Phillips. The motion passed unanimously.
Motion to authorize the Public Policy Committee to take appropriate action regarding a letter of support for the brief submitted in the Marriage of Eisendrath case. Moved, Dick Bayer; second, Gerry Phillips. The motion passed unanimously.
It was suggested that Mickey Katz ask Donne Brownsey if the September meeting could be moved to Monday, Tuesday – the 29th and 30th.
Lee Jay Berman mentioned that 2004 is CDRC’s tenth anniversary and that we should be thinking about doing something special.
2003 September
MINUTES
Board of Directors Meeting
September 29, 30, 2003
Present: Board Members; Dick Bayer, John Blackman, Mike Carbone, Don Fobian, Ruth Glick, Mickey Katz, Helen Kinnaird, Jim Madison, Gerry Phillips, Tom Reese, Elizabeth Strickland, Maurice Zilber, Nancy Warren. Past President: Bob Barrett Guest: Richard Spohn (day 2). Absent: Board Members; Lee Jay Berman, Susan Bulfinch, Paul Dubow, David Finch, Jonathan Gross, June Lehrman, Kevin Midlam, Frank Spalding, Ira Spiro.
Day 1
Meeting was called to order by President Mickey Katz.
It was announced that the Executive Committee had discussed the replacement of Mary Culbert, who has resigned from the Board. The decision was that no replacement would be made for the brief period prior to the Annual Meeting. The replacement would be one of the nominees in the general election. The Nominating Committee is chaired by Ruth Glick with members; Mickey Katz, Tom Reese, Jim Madison and Don Fobian.
The Treasurer’s Report was presented by Dick Bayer. The balance at the time of the meeting was $7,258.29 with hopes of an opportunity for raising considerably more in the period leading up to the Annual Meeting. Don Fobian moved to accept with Beth Strickland seconding. The motion passed unanimously.
The Communications Committee, chaired by Dick Bayer, reported that the brochures are done and distributed. Several e-mail blasts were sent, including the announcement of the Rojas Conference at Pepperdine, before and after. Dick Bayer was going to look into a CDRC banner and mugs. It was also suggested that we look into having vendors set up at the Annual Meeting for a fee. Beth will get the access fee for the website and start to make updates and additions.
Tom Reese reporting as Arbitration Legislation chair stated that the two bills of concern were AB1712, a clean-up bill to add to last year’s legislation is inactive. AB 1715, which was seeking to ensure that employee participation in arbitration would be voluntary and pre-dispute agreements would not be conditions of employment was vetoed by the governor. CDRC supported this bill.
Jim Madison reported for the Public Policy Committee. All of the briefs are in for the Rojas decision. Apart from the parties, those seeking reversal are the Association of Southern California Defense Counsel, Ron Kelly and Elizabeth Bader, Ivan Stevenson and CDRC. Those other than parties supporting that the appellate decision is upheld are Consumer Attorneys of California and the Southern California Mediation Association. The Supreme Court decision may not come down until the early part of next year.
The California Dispute Resolution Council submitted a letter of support in the Eisendrath case, which has been remanded to the trial court.
Mike Carbone was to consider writing a follow-up article relating to the Rojas case.
The question was raised – Should we support a statute immunizing mediators? It was decided that we should ask Donne Brownsey before making any decision.
The Public Policy Committee will develop criteria for a policy on how CDRC will decide to file amicus briefs as well as any other involvement in court cases. It was suggested that CDRC be fair and transparent and include an ability to react quickly.
Day 2
The minutes of the May meeting were submitted and approved. Jim Madison moved and Maury Zilber seconded. The motion passed unanimously.
Motion to take no action on Furia vs. Helm decision. Moved by Jim Madison; second by Mike Carbone; passed unanimously.
It was suggested that committee chairs provide e-mail summaries of their reports for posting on the website and/or for “blasts” to the members.
A discussion was held regarding the direction of CDRC . A motion was made to create a strategic planning group. Gerry Phillips moved; Tom Reese second; the motion passed unanimously. The “Constitutional Convention” will be chaired by Dick Bayer with members Tom Reese, Jim Madison, Ruth Glick, Mike Carbone, Lee Jay Berman and Don Fobian.
The nature and date of the Anniversary Celebration were to be explored by a new committee with Lee Jay Berman as chair, Bob Barrett as honorary chair, and Tom Reese, Gerry Phillips and Don Fobian as participants.
A motion to establish a Programs Committee was made by Mike Carbone, with Dick Bayer as second. The motion passed unanimously. The three members suggested are Paul Dubow, Susan Bulfinch and Helen Kinnaird, subject to their acceptance.
Donne Brownsey gave her report and once again made a plea for more data, explaining that CDRC cannot take an affirmative stance without it. She pointed out that Triple A makes data available to researchers. She mentioned a Texas study that was done approximately 7 years ago, that claimed that plaintiffs won more in arbitration but that the size of the award is perhaps greater in court.
The following dates were set for 2004 Board of Directors meetings:
January 23rd, 24th
May 2nd, 3rd
September 10th, 11th
November 12th, 13th
Respectfully submitted,
Don Fobian
2003 November
MINUTES
Board of Directors Meeting
Present: Board Members; Dick Bayer, John Blackman, Mike Carbone, Paul Dubow, Dave Finch, Don Fobian, Ruth Glick, Jonathan Gross, Mickey Katz, Helen Kinnaird, June Lehrman, Jim Madison, Kevin Midlam, Gerry Phillips, Tom Reese, Elizabeth Strickland, Frank Spalding, Maurice Zilber, Nancy Warren. Guests: Karen Smith (Board Member-elect), Jamie Gher (CDRI researcher). Legislative Advocate: Donne Brownsey. Absent: Board Members; Lee Jay Berman, Susan Bulfinch, Ira Spiro.
Meeting was called to order by President Mickey Katz.
The newly elected board members are Karen Smith, Natalie Armstrong, Victor Schachter and Paul Taylor. Re-elected were Helen Kinnaird, Ira Spiro, Maury Zilber and Nancy Warren.
The minutes were introduced and accepted with revision. Jonathan Gross moved to accept and Kevin Midlam seconded. The motion passed unanimously.
The Treasurer’s Report was given by Dick Bayer. A banner was purchased and CDRC mugs were on sale at the Annual Meeting. There is $22,500 in the bank at this time, which is about $17,000 ahead of last year. It was discussed whether or not to get insurance coverage for $1 million for $1,000 or to get coverage for $2 million for $1,300. Dick, along with Tom, Maury and Kevin, was going to look into whether or not it was necessary for the additional coverage and purchase accordingly. It was suggested that CDRC sell tapes of the Annual Conference on our website. A motion to accept the treasurer’s report was offered by Don Fobian, with Kevin Midlam seconding. The motion passed unanimously.
The Membership Committee report was given by June Lehrman. She reported that 151 members are paid up, with another 160 up for renewal. Maury agreed to follow up on a suggestion that a letter be generated to distribute to other parts of the country (East Coast law firms, for example) to encourage membership.
The Communications Committee report was given by Dick Bayer. He suggested that the CDRC Principles brochure be redesigned to fit in an envelope. Copies could then be mailed to new legislators and others. Newly elected Board Member, Karen Smith and outgoing Board Member, June Lehrman agreed to provide updates of court cases for posting on the website and for e-mail distribution to members.
The Website Chair, Beth Strickland asked everyone to submit any new biographical information or photos to update the website by December 15th. She asked for a list of Committee Chairs and rosters to post on the website, as well. Tom Reese agreed to work with Committee Chairs to get the information to Beth by the end of the year. Also to be posted are updates on court cases, meeting minutes and a schedule of other organizations’ ADR meetings. A link to Legislation going directly to individual bills and to articles would be available to members who would have an access password. No timeframe was set for these.
Donne Brownsey gave a Legislative Report on what’s happening in
A motion was made to empower the President to appoint a data gathering committee. Maury Zilber moved; Kevin Midlam second. The motion passed with Jim Madison abstaining. The committee appointees are: Mickey Katz, Paul Dubow, Nancy Warren, Ruth Glick and John Blackman.
Jim Madison gave the Public Policy report. A motion was made to not file an amicus curiae brief regarding the Boghus vs. Lloyd’s of London case. Jim Madison moved; Paul Dubow second. The motion passed unanimously. A State Bar ADR Consulting Group has been meeting to discuss ADR issues. Former CDRC President, John Seitman is involved. The next known meeting will be held in
Maury Zilber will be taking over the review of the By-Laws that was in progress when Mary Culbert was a Board Member. The issue of how to conduct a meeting by combination of e-mail and conference call will be looked into.
The Nominating Committee reported the following:
Executive Committee Members
Dick Bayer – President Elect
Maury Zilber – Treasurer
Don Fobian – Secretary
Nancy Warren – at large
Mike Carbone – at large
Tom Reese – President
Mickey Katz – Immediate Past President
Ruth Glick – Legislative Chair
Committee Chairs
Membership – Paul Dubow, Susan Bulfinch, Kevin Midlam
By-Laws – Maury Zilber
Legislation – Ruth Glick
Arbitration – Paul Dubow
Mediation – Dave Finch
Programs – Mike Carbone
Public Policy – Jim Madison
Qualifications and Standards – John Blackman
Website – Beth Strickland
Communication – Dick Bayer
Anniversary – Don Fobian
Annual Conference – Dick Bayer
A motion to accept the Nominating Committee Report as offered was made by Maury Zilber, with June Lehrman seconding. The motion passed unanimously.
The following dates are set for 2004 Board of Directors meetings:
January 23rd, 24th
May 2nd, 3rd
September 10th, 11th
November 12th, 13th
Respectfully submitted,
Don Fobian