Board Meeting Minutes

CDRC Board Meeting

San Diego

January 28 & 29, 2005

 

Friday, January 28, 2005

 

12:00PM Call to Order / Dick Bayer

Attending: Dick Bayer, Mickey Katz, Paul Taylor, Don Fobian, Linda Bulmash, Urs Laeuchli, Jennifer Bullock, Paul Dubow, Helen Kinnaird, Steve Sauer, Gerry Phillips, Kevin Midlam, Richard Chernick, Maury Zilber, John Blackman, Tom Reese, Michael Carbone, Natalie Armstrong, Karen Smith, Susan Bulfinch, Elizabeth Strickland, Steve Dinkin and Jim Madison.

Missing (2^nd Day only): Richard Chernick, Natalie Armstrong, Mike Carbone

 

Motion: Dick Bayer; Accept November Minutes. 2^nd the Motion: John Blackman

 

12:05pm Executive Committee / Dick Bayer

President: Dick Bayer

President Elect: John Blackman

Treasurer: Maury Zilber

Secretary: Karen Smith

 

Motion: Tom Reese; Accept at-large members for executive board: Elizabeth Strickland, Mickey Katz, Susan Bulfinch.  2^nd the Motion: Kevin Midlam

 

12:20pm Board Committees / Dick Bayer

Communications: Elizabeth Strickland (Chair), Karen Smith, Tom Reese

Community Relations: Jennifer Bullock, Elizabeth Strickland (co-chairs) Steve Dinkin, Helen Kinnaird.  Committee to be renamed at next board meeting.

Education Committee: Mike Carbone (Chair), Gerry Phillips, Don Fobian, Mickey Katz, Susan Bulfinch, Linda Bulmash

Legislation: Mickey Katz (Chair)

Arbitration Sub-Committee:  Paul Dubow (Chair), Kevin Midlam, Maury Zilber, Jim Madison, Karen Smith, Tom Reese, Linda Bulmash, Urs Laeuchli, Richard Chernick,  Paul Taylor 

Mediation Sub-Committee: Donald Fobian (Chair), Paul Taylor, Linda Bulmash, Jennifer Bullock, Steve Sauer, Helen Kinnaird, Steve Dinkin

Membership: Susan Bulfinch (Chair), Steve Dinkin, Helen Kinnaird, Mickey Katz, Gerry Phillips, Richard Chernick, Steve Sauer & Kevin Midlam, John Blackman, Natalie Armstrong, Linda Bulmash

Principles & Standards: John Blackman, Karen Smith, Bob Barrett, Lee Jay Berman, Jim Madison, Jennifer Bullock

Publicity / Ambassador of Good Will: Gerry Phillips

Nominations: Tom Reese

Conference:   John Blackman (Chair), Mickey Katz, Gerry Phillips, Tom Reese, Karen Smith, Mike Carbone

Public Policy:  Jim Madison (Chair), Kevin Midlam, Susan, Tom Reese, Paul Dubow, Mary Culbert, Richard Chernick, Helen Kinnaird, Linda Bulmash

Bylaws: Maury Zilber (Chair), Jim Madison, Susan Bulfinch, Elizabeth Strickland

Awards: Mickey Katz (Chair), Kevin Midlam, Tom Reese, Gerry Phillips

 

Action: Paul Taylor to send e-blast to suggest committee membership

 

12:30pm Treasurers Report / Maury Zilber

Recount treasurers report provided.

Currently has 4-5 months reserve, with a burn rate of $5,000 per month.

 

Motion: Kevin Midlam; Accept 2005 Budget. 2^nd:  Don Fobian Budget.  All in favor, no abstentions

 

1:00pm Conflict of Interest / Dick Bayer

Discussion: Should there be a board policy regarding potential conflicts with members of other organizations?

An example of SCMA’s opposing position on certain issues was used. There is a difference between “conflict of interest” and “difference of opinion”. It was recommended that board members be allowed to abstain at their discretion, excuse themselves from certain issues (i.e.: certain amicus briefs and votes).  A concern was raised about who would determine if a conflict exists, and it was resolved with each board member self-policing and adhering to an honor system.

 

Action: Richard Chernick to provide ABA’s policy for the abstention of voting by their Board of Governors prior to next Execute Committee telecom on February 4, 2005.

 

Action: Dick Bayer to calendar this issue for further consideration during the March Executive Committee telecom.

 

1:25pm: Insurance Report / Mickey Katz

Lloyds of London offered policy to Mediator’s specific to their policy, as well as an equity markets policy.  Chubb Insurance Group is interested in offering insurance to neutrals through a statewide organization and have a policy available by June, 2005. 

 

Action: John Blackman: To work on rider with Lawyer’s Mutual for broad dispute resolution policy.

 

Action: Dick Bayer believes a policy is good member benefit; he will further discuss this option with Executive Committee.

 

1:35pm: General brainstorming session, with the following highlights:

1.  Send at least ten personal letters w/brochure & application (sample provided). 

2.  Generate list of past members to re-join.

3.  Appear at other organizations meetings and give presentation to join.

4.  Distinguish ourselves, stretch uniqueness and importance of organization

5.  Introduce element of competition, have discounted or waived fees to winner

6.  Advertise more (i.e.: “The Most Important Organization You’ve Never Heard Of”)

7.  Amend Membership dues structure to be more clear

8.  Executive Committee appoint task force

9.  Invite community organizations to join at lower fee

10. Send invite to mailing list of ADR sections of bar associations

11. Focus on sustaining members in addition to recruitment

12. Hit up provider firms, organizations that use ADR.

13. Develop Marketing plan, pay third person

14. Compete with other groups as statewide organization

15. Status membership – advisory board, honorees, etc., new members list on web

 

3:00pm History of CDRC provided by Jim Madison

 

3:15pm Legislative Report / Mickey Katz

Mickey explained process for new legislation:  Donne scans bills and other resources for new information, sends that information to Mickey, who then distributes the info to legislation chairs.  Legislative chairs then act as appropriate on bills and distribute important info to executive board/board.

 

Discussion: Natalie Armstrong commented that SCMA will not to take position on Rojas until they speak to consumer groups, ADR professionals and receive feedback.  There is no present timeline to accomplish this, nor is the project confidential.

 

Action: Mickey is to try and get on SCMA’s working group

 

3:25pm Arbitration Legislation / Paul Dubow:

Discussion: IATSE v Laughon and Birbrower v Superior Court.

CCP 1281.9: Are “materiality standards” inherent? Should arbitrators make supplemental disclosure with 15 day requirement for party to object, or if a party becomes aware of a potential conflict, that party has 15 days to disclose or waives right to arbitrator or to seek vacature based on that relationship.

 

3:40pm Mediation Legislation / Don Fobian

Nothing new to report.

 

3:41 pm Public Policy / Jim Madison & John Blackman

Crosby v Costello amicus brief filed by CDRC is posted on website.

History of Crosby v. Costello was provided at length.

The Law Revision Commission is considering whether to repeal CCP 1282 and adopt Uniform Arbitration Act.  The Commission has invited comment until 2/23/05.  Jim Madison believes it appropriate for the CDRC to submit comments.  Public Policy committee has yet to form a position.  State Bar committee has this item on their agenda. 

 

Motion: Dick Bayer; Jim Madison to discuss w/committee and report to executive committee. 2^nd the Motion: Kevin Midlam.  All in favor, no abstentions.

 

Discussion: ABA questionnaire recently sent regarding Mediator Certification.  Is of note that the certification issue is on the rise. It was generally agreed it was very poorly written and agenda-driven.

 

Discussion: State Bar issue that if an attorney is serving as neutral, he or she must be active member of bar. Issue is out for public comment until April 28^th.  The board generally disagree with State Bar requirement and believe it is slippery slope for further legislation of both attorney and non-attorney neutrals.  Specific concerns raised were access to justice, regulation of ADR industry / profession, attorney / non-attorney perceived preference, the State Bar determining that serving as mediator/arbitrator constitutes practice of law and that the State Bar has no jurisdiction to determine what is practice of law.

 

Action: Matter referred to Public Policy Committee for decision.  Decision to be submitted to executive board, then distributed to entire board for comment.

 

5:10PM: Education / Mike Carbone

Mike Intends to keep dialogues going into 2005.  Mickey credited Susan Bulfinch with the success of Southern California mediator dialogues. Richard Chernick suggested arbitration be incorporated into dialogues.

 

5:12pm: Principles & Standards / John Blackman

 

Action: Jim Madison and Bob Barrett to review and revise current Principles and Standards. 

 

Action: Karen Smith to grammar and spell check revisions upon receipt.

 

5:30pm Adjournment

 

 

Saturday, January 29, 2005

 

8:45am: Legislative Update / Donne Brownsey

Handout / Confidentiality requirement / Civics Lesson

Performance Review

Pension Abolishment / State Budget Cuts

 

Discussion: Spot Bill submitted January 20, 2005: Amendment to CCP 1282.4 by striking current section (j) to eliminate sunset date of January 1, 2006.  Change the second section o1282.4 with the operative of January 1, 2006 as follows:

Strike (b) that articulates the operative date of January 1, 2006.  Change (a) of that same section to (j).

It was questioned if CDRC should draft legislation to declare that ADR is not practice of law.   Donne commented not good timing. 

 

Motion: Don Fobian; Prepare and follow through with spot bill above and draft legislation that includes non-lawyer representation for claims in an amount under that would qualify for limited jurisdiction in superior court pursuant to statute.  2^nd the Motion: Maury Zilber.

 

Action: To provide Donne with copy of comments to State Bar action.

 

Action: Proposed Legislation: 1) Amendment to CCP 1281.9. 

Jim Madison and John Blackman to improve upon language and submit to Donne.

2) Amend CCP 1286.  Donne recommends we don’t try to amend 1281.96 (a) and open that issue for discussion.

 

Motion: Kevin Midlam; Motion to withdraw amendment recommendation. 2^nd the Motion: Don Fobian.

 

10:45am: Website Report / Elizabeth Strickland

Elizabeth has reviewed and revised website per Kevin Midlam and Mike Carbone suggestions, with a few exceptions.  If anybody has links or articles to submit, provide to Elizabeth for posting.  Suggestions were made as follows: links on website be for current for members and ‘partners’ only, generate a monthly president’s message or notice via e-mail blasts, invite comments from members via link on website to website “comments page” and password protected members only access section of website.

 

Motion: Steve Sauer; Password protection on website referred to Mike Carbone / Kevin Midlam for research and report.  2^nd the Motion: Elizabeth Strickland.

 

Action: Kevin Midlam and Mike Carbone volunteered to Update History & clarifying CDRC/CDRI relationship, Legislative Accomplishments and Mission Statement (access to justice). 

 

Action: Paul Taylor to forward his annual summary of case law.

 

Action: Steve Sauer and Linda Bulmash to provide bios for website.

 

Action: California Coalition for Community Mediation (CCCM) to develop community sub-page on website.

 

Action: Dick Bayer to consider Constant Contact software program.

 

Action: Dick Bayer to work with communications committee on press releases.

 

Motion: Don Fobian; CDRC to amend community membership structure to $300 for all budgets upward of $150,000.  2^nd Kevin Midlam

 

Discussion: Elizabeth and Jennifer expressed community groups frustration with fee structure, believe $750 rate too high, no matter what the budget as the budget doesn’t necessarily reflect funds available.

 

Motion: Kevin Midlam; All members of CDRC should be voting members, remove “Friends of ADR” and replace with “Students / Volunteers”.  2^nd the Motion: Gerry Phillips.  Abstentions: Elizabeth Strickland, Dick Bayer.

 

11:30am Annual Conference / John Blackman

Discussion: No annual conference is currently planned or scheduled.  Hastings, McCarthy not available, Golden Gate University a possibility.  CDRI will no longer manage conference.

Possible conference dates:  10/21, 10/28 (CCA), 11/4 (SCMA), 11/11 (Veterans Day)

Suggestions included moving conference season to spring, provide public policy forum for other organizations conferences, work with other groups, become authority for public policy issues,

have ½ day No/So. Conferences on Friday. 

 

Motion: Dick Bayer; CDRC to work in partnership with DRS Peer Mediation & Community event in April.

2^nd the Motion.

 

Motion: Dick Bayer; Conference committee to take suggestions and make recommendations. 2^nd the Motion: John Blackman. 

 

Motion: Dick Bayer; Revive Award Committee with Mickey Katz as Chair. 2^nd the Motion: Karen Smith

 

12:10pm Community Mediation Report / Elizabeth Strickland

CCCM meeting is February 28^th.

 

12:25pm New Business / Dick Bayer

Motion: Gerry Phillips; Give $250 bonus to Amy for her hard work on conference. 2^nd the Motion: Kevin Midlam

 

Motion: Dick Bayer; Bylaws committee to review and recommend further definition of executive committee.

2^nd the Motion: Kevin Midlam

 

1:00pm Adjournment.  Motion: Mickey Katz.  2^nd the Motion:  Jennifer Bullock

 

Respectfully Submitted:  Karen Smith 2/8/2005

 

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CDRC Board Meeting

Sacramento

May 15 & 16, 2005

 

Sunday, May 15, 2005

 

12:00PM Attending: Dick Bayer, Mickey Katz , Don Fobian, Urs Laeuchli, Jennifer Bullock, Paul Dubow,   Gerry Phillips, Kevin Midlam, Richard Chernick, Maury Zilber,  John Blackman, Tom Reese,  Karen Smith, Susan Bulfinch,  Elizabeth Strickland, Steve Dinkin, Paul Dubow and Victor Schacter. Absent: Richard Chernick, Linda Bulmash, Jim Madison, Paul Taylor (Day One), Mike Carbone (Day One), Paul Dubow (Day Two).

 

Motion: Kevin Midlam Accept January Minutes.

2^nd the Motion: Don Fobian. Passed

 

12:20pm Rules of Court 1622 / Tom Reese

Rules of Court 1622: Judicial Council proposal to require mediators to distribute Form ADR-108 asking parties to waive confidentiality in order to make complaints against Mediators in court connected programs.  Tom Reese heard from Alan Wiener at State Bar ADR committee meeting, who reported that the Courts receive complaints about Mediators about once per week. Considering complaint reporting system for “consumer protection”.   CDRC opposed because of risk to confidentiality, attempt to control mediators and the process and the snowball probability that a complaint system or other regulation/legislation will creep into other mediator venues. 

 

Action: CDRC to determine strategy for proactive opposition. 

 

Action: Don Fobian to prepare draft of comments by June 3, and final by June 20^th,

 

1:00pm Treasurers Report / Maury Zilber

Recount treasurers report, severe budget crisis noted.

 

Motion: Kevin Midlam Accept 2005 Budget.

2^nd the Motion:  Mickey Katz.  Budget approved by all.

 

Motion: Victor Schacter Ask Jim Madison to write memorial for Laura Farrow (sp?).

2nd the Motion:  Maury Zilber

 

1:25pm Mickey Katz / Chubb Insurance

Insurance process delayed due to underwriting complications, Mickey to keep following up.

 

1:28pm LA Superior Court Program / Dick Bayer

Letter generated to Los Angeles Superior Court regarding conflict in administration of the pro bono panel with CDRC’s principles.  Letter was well received by mediation community but Julie Bronson, the Los Angeles ADR court administrator, was concerned that her input had not been sought even though she is a CDRC member.  An effort should be made to mend the relationship by meeting with her.

 

Action: Dick Bayer to contact Julie with apology; Mickey Katz and Linda Bulmash to contact Julie Bronson and receive her input on comments made to Court.

 

Action: Public Policy committee to monitor issue.

 

1:55pm Membership Committee / Susan Bulfinch

Handout provided to each board members with commitment suggestions.

Victor Schacter suggests contacting largest law firms with ADR practices to add to membership, possibly by creating legal advisory board.

Dick Bayer introduced idea of hiring marketer/fundraiser/administrative person to handle membership task. 

 

Motion: Kevin Midlam. To do task force on hiring a marking/fundraiser person.

2^nd the Motion: Gerry Phillips

 

Action: Karen Smith to chair task force to investigate hiring person.   Members: Maury Zilber, John Blackman, Mickey Katz, Gerry Phillips. 

 

3:10pm Annual Conference / John Blackman

Deposit of $500.00 required to location, Maury approved.  John needs committee to help with committee to develop topics, speakers, organization of day, etc.  Mickey Katz, Karen Smith & Tom Reese volunteered. 

Sample agenda proposed by John Blackman.  Award recipient of John Toker suggested, name of Award to be determined.  Suggested to have dual tracks on agenda, and record other topics.

 

4:00pm Legislative Committee / Mickey Katz

Arbitration / Paul Dubow

 

Action: Paul to provide legislative updates to Dick Bayer for President’s Messages.

AB202, AB415, AB1322, AB1553 is supported by CDRC.  AB1176 is opposed.  SB551 has been changed to a 2 year bill, to review again in the future.

 

Action: Dick Bayer to send e-mail blast to members soliciting comments regarding Rules of Court 1622.

 

4:30pm Public Policy / John Blackman

Crosby v. Costello settled.  Fair case in front of Supreme Court, CDRC declined Amicus Brief.

 

4:40pm Communications Committee / Elizabeth Strickland

Need to accomplish:

1)  Development of community mediation page. To be provided by CA Coalition for Community Mediation.  Upon completion, Department of Consumer Affairs to link to CDRCs page.

2)  Update to Mission Statement & Access to Justice Commentary

3)  Update to Legislative Accomplishments

4)  Update history of CDRC

Website statistics = 800+ hits per week

 

Action: Dick/Amy to confirm membership of listing trainings on web by next Executive Board Meeting.

 

Action: Dick Bayer and Max Factor, incoming President of SCMA, to collaborate on website, to be hosted for free by mediate.com, listing non-profit and other ADR agencies in California.

 

Motion:

Tom Reese Accept Natalie Armstrong’s resignation.

2^nd the Motion:  Elizabeth Strickland

 

Motion:

Kevin Midlam Peter Robinson to replace Natalie Armstrong.

2^nd the Motion: Gerry Phillips

 

5:00pm Principles and Standards / John Blackman

Reviewing Principles and Standards.  Needs committee to review Principals  & Standards and comment.  Kevin Midlam thinks ready to post.  Paul Dubow to review. 

 

Motion:

Kevin Midlam Finalize draft to CDRC executive board for comment by June 3 conference call.

2^nd the Motion: John Blackman

 

5:15pm Nominations / Tom Reese

To determine members with expiring terms if they wish to go for re-election. If all members were to run again, there would be two open slots, nine total.

Nomination committee made up of current president, immediate past-president.  President-elect and Don Fobian requested to be on committee.

Ballot must be mailed out 30 days prior to election, decisions to be made by 45 days prior to election.   Tom proposes election to be held one week prior to annual conference. 

 

Motion:

Kevin Midlam Adjourn 5:30pm

2^nd the Motion: Karen Smith

 

Monday, May 16, 2005

 

8:40am Nominations Committee / Tom Reese

Confirmed committee as Tom Reese, Dick Bayer, John Blackman, Don Fobian, and Susan Bulfinch.  Recommendations to seek more diversity on board. 

 

8:45am Next Board Meeting / Dick Bayer

Proposal to move to next meeting from August to July 29 & 30^th.

Next board meeting July 29 & 30^th, at L.A. Athletic Club

 

Motion:

John Blackman  2^nd the Motion: Karen Smith

 

8:55am Legislative Report / Donne Brownsey

AB202 passed assembly, is in Senate.  CDRC supports.

 

9:10am:  Eraina Ortega Judicial Council / Guest Speaker Court Operating Fees

Court fees working group reviewed burdensome fee structure and recommended uniform fee structure and state wide fee schedule.  Law libraries, county general funds, children’s waiting rooms, etc. all benefit from fees. Have built in cushion for county fee increases.  Fees remain constant through 2007, at which time an increase is expected. 

Elizabeth Strickland responded with feedback from community mediation centers of pros and cons.  Pros: incentive for counties without DRPA programs can start programs, and for counties with DRPA funds can keep programs.  Cons: Unnecessary administrative hassle, money may not be distributed correctly, State may take funds from DRPA for administrative funds, could set up battle for trial court trust fund v. DRPA funds, bureaucracy created for local communities.  Jennifer Bullock added that community centers concerned about delay in receiving funds.  Irene responded that the priorities are law libraries, ADR programs and court filing fees and fee increases will be requested in 2008 as appropriate.  She hopes that these changes provide for more transparency and that correct funds will accurately go to correct agencies.  County maintains jurisdiction over distribution/allowance of funds. 

 

9:25am AB415 is calendared on assembly floor, may move to Senate later this year.

AB662 is being watched.

AB1176 has become 2 year bill. CDRC to watch.

AB1322 is in Senate.  CDRC supports, needs to review language.AB1529 is in Assembly.

AB1553 referred to Judiciary.  CDRC Arbitration committee to review.

AB1700 is in Assembly, CDRC Mediation committee to watch.

AB1740 is outside CDRC’s scope, to watch.

AB1741 ADR portions removed, CDRC to delete from watch list.

AB1742 CDRC to watch.