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CALIFORNIA
ARBITRATION MEDIATION ATTORNEY, ORANGE COUNTY, SAN DIEGO, LOS ANGELES,
MEDIATOR, ARBITRATION SERVICES, Riverside County, San Bernardino County
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Mediator education and trainingSuitable education and training for mediators becomes a complex issue largely due to the breadth of areas which may call on mediation as a means of dispute-resolution. Debate ensues on what constitutes adequate training on the principles of mediation as well as what personal attributes an individual needs in order to effectively carry out a mediator's role. The educational requirements for accreditation as a mediator differ between accrediting groups and from country to country. In some cases legislation mandates these requirements; while in others professional bodies impose standards and applicants must comply prior to becoming accredited by them. Many US universities offer graduate studies in mediation, culminating in the Ph.D. or DMed degrees. In Australia, for example, professionals wanting to practice in the area of family law must have tertiary qualifications in law or in social science, undertake 5 days training in mediation and engage in at least 10 hours of supervised mediation. Furthermore, they must also undertake 12 hours of mediation-education or training every 12 months. Other institutions offer units in mediation across a number of disciplines such as law, social science, business and the humanities. In Australia not all fields of mediation-work require academic qualifications, as some deal more with practical skills rather than with theoretical knowledge: to this end membership-organizations provide training-courses to further the adoption and practice of mediation. Internationally a similar approach to the training of mediators is taken by the organization CEDR, which trains 300 mediators a year in China, Hong Kong, India, Ireland, Nigeria, Pakistan, United Kingdom, Ukraine and elsewhere. No legislated national or international standards on the level of education which should apply to all mediation practitioners organizations exist. However, organizations such as the National Alternative Dispute Resolution Advisory Council (NADRAC) in Australia continue to advocate for a wide scope on such issues. Other systems apply in other jurisdictions such as Germany, which advocates a higher level of educational qualification for practitioners of mediation. Mediator codes of conductThe application of a code of conduct to the practice of mediation becomes problematic due in part to the diverse number and type of practitioners in the field. A tendency exists for professional societies to develop their own codes of conduct, which apply to their own members. Examples of this in Australia include the mediation codes of conduct developed by the Law Societies of South Australia and Western Australia and those developed by organizations such as Institute of Arbitrators & Mediators Australia (IAMA) and LEADR for use by their members. Other organizations such as the American Center for Conflict Resolution Institute ([www.accri.org]) have developed both classroom and distance learning courses which subscribe to its mission of promoting peace through education. The CPR/Georgetown Ethics Commission (www.cpradr.org), the Mediation Forum of the Union International des Avocats, and the European Commission have also promulgated codes of conduct for mediators. Writers in the field of mediation normally espouse a code of conduct that mirrors the underlying principles of the mediation process. In this respect some of the most common aspects of a mediator codes of conduct include:
Accreditation of ADR in AustraliaAustralia has no national accreditation system for ADR. However, following the National Mediation Conference in May 2006, the National Mediation Accreditation Standards system has apparently started to move to its implementation phase. ADR practitioners recognize that mediators (as distinct from arbitrators or conciliators) need to be recognized as having professional accreditations the most. There are a range of organizations within Australia that do have extensive and comprehensive accreditations for mediators but people that use mediation are unsure as to what level of accreditation is required for the quality of service that they receive. Standards will tend to vary according to the specific mediation and the level of specificity that is desired. Due to the wide range of ADR processes that are conducted it would be very difficult to have a set of standards that could apply to all ADR processes, but standards should be developed for particular ADR processes Clients need the assurance that mediators have some form of ongoing assessment and training throughout their careers. Mediators must satisfy different criteria to be eligible for a variety of mediator panels. Also different mediator organizations have different ideals of what makes a good mediator which in turn reflects the training and accreditation of that particular organization. Selection processes for ADR practitioners are based on the needs of the service, but a problem is posed when organizations, such as the court want to refer a client to mediation and they usually have to rely on their in-house mediators or rely on word of mouth. There are inconsistent standards. A national accreditation system could very well enhance the quality and ethics of mediation and lead mediation to become more accountable. There is a need for a unified accreditation system for mediators across Australia to establish clarity and consistency. Uses of mediationOne core problem in the dispute-resolution process involves the determination of what the parties actually dispute. Through the process of mediation participants can agree to the scope of the dispute or issues requiring resolution. Examples of this use of mediation in the Australian jurisdiction include narrowing the scope of legal pleadings and its use in industrial and environmental disputes. Definition of the nature of a dispute can often clarify the process of determining what method will best suit its resolution. One of the primary uses of mediation involves parties using the mediation process to define the issues, develop options and achieve a mutually-agreed resolution. Australia has incorporated mediation extensively into the dispute-settlement process of family law and into the latest round of reforms concerning industrial relations under the WorkChoices amendments to the Workplace Relations Act. Where prospects exist of an ongoing disputation between parties brought on by irreconcilable differences (stemming from such things as a clash of religious or cultural beliefs), mediation can serve as a mechanism to foster communication and interaction. Mediation can function not only as a tool for dispute resolution but also as a means of dispute prevention. Mediation can be used to facilitate the process of contract negotiation by the identification of mutual interests and the promotion of effective communication between the two parties. Examples of this use of mediation can be seen in recent enterprise bargaining negotiations within Australia. Governments can also use mediation to inform and to seek input from stakeholders in formulation or fact-seeking aspects of policy-making. Mediation in wider aspect can also serve to prevent conflict or to develop mechanisms to address conflicts as they arise. Native-title mediation in AustraliaIn response to the Mabo decision by the High Court of Australia, the Australian Government sought to alleviate the concerns of a wide section of the population and industry on the decisions implications on land tenure and use by enacting the Native Title Act 1993 (Cth). A cornerstone of the act is the use of mediation as a mechanism to determine future native title rights within Australia. Although not barring litigation, the Act seeks to promote mediation through a process incorporating the Federal Court and the National Native Title Tribunal (NNTT). This is seen as having a better long tern success by providing flexible and practical solutions to the needs of the various stakeholders. The extensive use of mediation in the resolution of native title matters does not stop the referral of matters to the courts for resolution, nor is mediation precluded from occurring whilst legal challenges are being pursued. A recent case where Native Title rights were found exist over a large portion of the City of Perth has seen the simultaneous use of mediation and formal legal appeals processes. A key feature of Native Title mediation involves the use of Indigenous Land Use Agreements (ILUAs). These binding agreements are negotiated between native title claimant groups and others such as pastoralists, miners and local governments and cover aspects of the use of the land and any future act such as the granting of mining leases. Some of the features of native title mediation which distinguish it from other forms include the likelihood of lengthy negotiation time frames, the number of parties (ranging on occasion into the hundreds) and that statutory and case law prescriptions constrain some aspects of the negotiations. Philosophy of mediationThe uses of mediation in preventing conflictsMediation is a very usual tool, adaptable to anticipate problems, grievances and difficulties between parties before the conflict may arise. This has potential applications in large and private sector organizations, particularly where they are subject to excessive change, competition and economic pressure. A key way mediation is used to prevent these conflicts is complaint handling and management. This is a conflict prevention mechanism designed to handle a complaint effectively at first contact and to minimize the possibility of it developing into a dispute. According to Charlton (2000, p.4) a person who undertakes this role is commonly known as a dispute preventer. While the corporate sector may provide one area in which to use the mediation process for preventing conflicts, dealing with everyday lifes disputes provides another. This is no more evident in neighborhood conflict. One's behavior affects one's neighbor, just as what they do affects you. The key way to prevent conflicts with neighbor is to behave as a good neighbor oneself. Spencer and Altobelli (2005, p. 17) believe simple consideration and conversation with neighbor helps achieve a peaceful coexistence. Making it is easier for you to live as privately or as sociably as you wish. Ideal suggestions for consideration in preventing conflicts between neighbor include:
One can also employ mediation to reduce or prevent violence in sports and in schools, using peers as mediators is a process known as peer mediation. This process (highlighted by Charlton provides a popular way of handling conflicts and of preventing violence in primary schools, high schools and sporting activities. Schools adopting this process often recruit and train students interested in being peer mediators. In general, effective communication provides the ideal way to prevent and resolve any conflict; talking things over along with listening handles problems optimally and should ultimately avoid the dispute going to the courts. Responsibilities regarding confidentiality in mediationOne of the hallmarks of mediation is that the process is strictly confidential. The mediator must inform the parties that communications between them during the intake discussions and the mediation process are to be private and confidential. In general, the information discussed can never be used as evidence in the event that the matter does not settle at mediation and proceeds to a court hearing. Spencer and Altobelli (2005, p. 261) point out it is considered common for parties entering into mediation to sign a mediation agreement document with the mediator. The parties therefore agree that its a condition of being present or participating in the mediation and the document if necessary may be deemed confidential by virtue of the common law. Confidentiality lies at the heart of mediation. It is imperative for parties to trust the process. Very few mediations will ever succeed unless the parties can communicate fully and openly without fear of compromising their case before the courts. Charlton and Dewdney (2004, p. 344.) highlight mediation confidentiality is seen as one of the key ingredients to encourage disputing parties to negotiate with each other in order to achieve a settlement of their dispute. Organizations have often seen confidentiality as a reason to use mediation ahead of litigation, particularly when disputes arise in sensitive areas of their operation, or to avoid their affairs becoming publicized among business competitors, acquaintances or friends. Steps put in place during mediation to help ensure this privacy include;
There is no doubt confidentiality contributes to the success and integrity of the mediation process. However it will be difficult for a mediator to guarantee full confidentiality protection between the parties. Legal implications of mediated agreementsParties who enter into mediation do not forfeit any legal rights or remedies. If the mediation process does not result in settlement, each side can continue to enforce their rights through appropriate court or tribunal procedures. However, if a settlement has been reached through mediation, legal rights and obligations are affected in differing degrees. In some situations, the parties may only wish to have a memorandum or a moral force agreement put in place; these are often found in community mediations. In other instances, a more comprehensive deed of agreement is drafted and this deed serves to bring a legally binding situation. Charlton and Dewdney (2004, p. 126.) point out that a mediated agreement may be registered with the court to make it legally binding and it is advisable to have a lawyer prepare the form or, at the very least, to obtain independent legal advice about the proposed terms of the agreement. Mediation has opened the door for parties in conflict to resolve their differences through nontraditional judicial forums. Over the last few decades, mediation has brought to light the processes, or alternatives to litigation, that enable parties to resolve their differences without the high cost associated with litigation. An interesting remark made by Spencer and Altobelli (2005, p. 223): "Court systems are eager to introduce mandatory mediation as a means to meet their needs to reduce case loads and adversarial litigation, and participants who understand the empowerment of mediation to self-determine their own agreements are equally as eager to embrace mediation as an alternative to costly and potentially harmful litigation." Recently, mediation has come under the spotlight and the watchful eye of many state legal systems for its ability to resolve party disputes, reduce court case loads, and reduce overall legal costs. Yet while parties enter into mediation intending to preserve their legal rights and remedies, mediation may result in these rights being directly or indirectly affected. Parties that have resolved their conflict through this voluntary process and settled on an agreement should seek legal advice if they are unsure of the consequences. Transmediation involves the process of "responding to cultural texts in a range of sign systems art, movement, sculpture, dance, music, and so on as well as in words." Common aspects of mediationMediation as a process involves a third party (often an impartial third party) assisting two or more persons, ("parties" or "stakeholders") to find mutually-agreeable solutions to difficult problems. People make use of mediation at many different levels and in multiple contexts: from minor disputes to global peace-talks. This makes it difficult to provide a general description without referring to practices in specific jurisdictions where "mediation" may in fact have a formal definition and in some venues may require specific licenses. This article attempts only a broad introduction, referring to more specific processes (such as peace process, binding arbitration, or mindful mediation) directly in the text. While some people loosely use the term "mediation" to mean any instance in which a third party helps people find agreement, professional mediators generally believe it essential that mediators have thorough training, competency, and continuing education. The term "mediation" also sometimes occurs incorrectly referring to arbitration; a mediator does not impose a solution on the parties, whereas an arbitrator does. While mediation implies bringing disputing parties face-to-face with each other, the strategy of "shuttle diplomacy", where the mediator serves as a liaison between disputing parties, also sometimes occurs as an alternative. Some of the types of disputes or decision-making that often go to mediation include the following: Family:
Workplace:
Public disputes:
Disputes involving the following issues:
Other:
Mediation commonly includes the following aspects or stages:
In the United States, mediator codes-of-conduct emphasize "client-directed" solutions rather than those imposed by a mediator in any way. This has become a common, definitive feature of mediation in the US and in the UK. Mediation differs from most other adversarial resolution processes by virtue of its simplicity, informality, flexibility, and economy. The typical mediation has no formal compulsory elements, although some common elements usually occur:
Due to the particular character of this activity, each mediator uses a method of his or her own (the law does not ordinarily govern a mediator's methods), that might eventually differ markedly from the above scheme. Also, many matters do not legally require a particular form for the final agreement, while others expressly require a precisely determined form. Most countries respect a mediator's confidentiality. Online mediationOnline mediation, a sub-category of online dispute resolution, involves the application of online technology to the process of mediation. Online Mediation extends the reach of mediators to disputes between persons who are too geographically distant, or otherwise unable (for example, through disability), to attend; or where the value of the dispute does not justify the cost of a face-to-face mediation. Online mediation can also prove useful prior to face-to-face mediation to commence the mediation process early where urgency exists, to narrow the issues, to commence brainstorming of solutions and to prepare the parties. Mediation in business and in commerceThe eldest branch of mediation applies to business and commerce, and still this one is the widest field of application, with reference to the number of mediators in these activities and to the economical range of total exchanged values. The mediator in business or in commerce helps the parties to achieve the final goal of respectively buying/selling (a generic contraposition that includes all the possible varieties of the exchange of goods or rights) something at satisfactory conditions (typically in the aim of producing a bilateral contract), harmonically bringing the separate elements of the treaty to a respectively balanced equilibrium. The mediator, in ordinary practice, usually cares of finding a positive agreement between (or among) the parties looking at the main pact as well as at the accessory pacts too, thus finding a composition of all the related aspects that might combine. In the best possible way, all the desiderata of his clients. Academics sometimes include this activity among the auxiliary activities of commerce and business, but it has to be recalled that it differs from the generality of the others, because of its character of independence from the parties: in an ordinary activity of agency, or in the unilateral mandate this character is obviously missing, this kind of agent merely resulting as a longa manus of the party that gave him his (wider or narrower) power of representation. The mediator does not obey to any of the parties, and is a third party, looking at the contraposition from an external point of view. Subfields of commercial mediation include work in well-known specialized branches: in finance, in insurance, in ship-brokering, in real estate and in some other individual markets, mediators have specialized designations and usually obey special laws. Generally, mediators cannot practice commerce in the genre of goods in which they work as specialized mediators. Mediation and litigationMediation offers a process by which two parties work towards an agreement with the aid of a neutral third party. Litigation, however, is a process in which the courts impose binding decisions on the disputing parties in a determinative process operating at the level of legal rights and obligations [Boulle 2005]. These two processes sound completely different, but both are a form of dispute resolution. Litigation is conventionally used and conventionally accepted, but Mediation is slowly becoming more recognized as a successful tool in dispute resolution. Slowly these processes are becoming interdependent, as the Courts in some cases are now referring parties to Mediation. In saying this, there are distinct differences between the two processes. Mediation claims to resolve many of the problems associated with litigation, such as the high costs involved, the formality of the court system and the complexity of the court process. Mediation does not create binding agreements unless the parties consent to it, and the Mediator has no say in the outcome. Even though our court system and mediation have increasing connections, they still reflect different value assumptions and structural approaches towards dispute resolution. Community mediationDisputes involving neighbors often have no formal dispute-resolution mechanism. Community-mediation centers generally focus on this type of neighborhood conflict, with trained volunteers from the local community usually serving as mediators. These organizations often serve populations that cannot afford to utilize the court systems or other private ADR-providers. Many community programs also provide mediation for disputes between landlords and tenants, members of homeowners associations, and businesses and consumers. Mediation helps the parties to repair relationships, in addition to addressing a particular substantive dispute. Agreements reached in community mediation are generally private, but in some states, such as California, the parties have the option of making their agreement enforceable in court. Many community programs offer their services for free or at most, charge a nominal fee. The roots of community mediation can be found in community concerns to find better ways to resolve conflicts, and efforts to improve and complement the legal system. Citizens, neighbors, religious leaders* and communities became empowered, realizing that they could resolve many complaints and disputes on their own in their own community through mediation. Experimental community mediation programs using volunteer mediators began in the early 1970s in several major cities. These proved to be so successful that hundreds of other programs were founded throughout the country in the following 2 decades. Community mediation programs now flourish throughout the United States. Competence of the mediatorNumerous schools of thought exist on identifying the "competence" of a mediator. Where parties retain mediators to provide an evaluation of the relative strengths and weaknesses of the parties' positions, subject-matter expertise of the issues in dispute becomes a primary aspect in determining competence. Some would argue, however, that an individual who gives an opinion about the merits or value of a case does not practice "true" mediation, and that to do so fatally compromises the alleged mediator's neutrality. Where parties expect mediators to be process experts only (i.e., employed to use their skills to work through the mediation process without offering evaluations as to the parties' claims) competence is usually demonstrated by the ability to remain neutral and to move parties though various impasse-points in a dispute. International professional organizations continue to debate what competency means. In France, professional mediators have created an organization to develop a rational approach to conflict resolution. This approach is based on a scientific definition of a person and a conflict. It helps to develop a structured process of mediation interviews and meetings of the parties. Technology mediators are particularly advanced in terms of accompanying changes induced by the dynamics of conflict. Mediators have adopted a code of ethics which provides the protagonists guarantees professionalism. They know their technical including through a website, the wikimediation, funded by the European Commission. When to use mediationNot all disputes lend themselves well to mediation. One set of criteria for suitability, which is applied in the subsection below, is provided in Mediation - Principles Process Practice, Boulle L. 2005 Factors relating to the partiesFactors relating to the parties provide the most important determinants when deciding whether or not a dispute lends itself to mediation, as of course, the parties are the essential key to mediation. Basically, if the parties are not ready and willing to mediate, mediation cannot take place. If a mediation does take place against the parties wishes, the process will not work because one of the principles of mediation is participation, and the parties will not constructively participate if they are forced. Another factor to consider when judging a disputes suitability for mediation is whether the parties have legal representation. If one party does and the other does not, then it is not fair to mediate. Unlike the court system, a legal representative will not be appointed to the non-represented party. Therefore both parties need to consent to either be represented by legal advisers or not. It is not essential that legal advisers are present in the mediation session. However in most cases it is strongly advised that the parties seek legal advice before signing the legally binding agreement. A final factor to consider is the legal capacity of the parties. A minor cannot enter a mediation session for obvious legal reasons, the same goes for a person with mental illness or disability that would effect their decision-making ability. Once these are considered and no difficulties found, the remaining points on the checklist need to be considered. Preparing for mediationPeople participating in mediation, often called parties or disputants, can take several steps to prepare for mediation, as can their lawyers, if involved. Just as parties need not agree to take part in mediation, they need not prepare for mediation with one notable exception. In some court-connected programs, courts will require disputants to both participate in and prepare for mediation. Preparation involves making a statement or summary of the subject of the dispute and then bringing the summary to the mediation. If preparation for mediation is voluntary, why bother? Research uncovered the following potential benefits of preparing. Disputants who meet the mediator prior to the mediation meeting tend to have less anxiety, a higher percentage of their disputes settle at mediation, and they express increased satisfaction with the mediation process. The following preparation activities appear in no fixed order. Not all would apply for every mediation. Is mediation the right dispute resolution process at this time? This subdivides into two questions: is mediation the right dispute resolution process?; and are the parties ready to settle? For example, the dispute may involve a significant power-imbalance between the parties. In such a case, another dispute resolution process may make a better job of balancing power. Readiness has great importance. Perhaps a loss or injury has occurred too recently. Overwhelming emotions may render objective decision-making extremely difficult, if not impossible. Alternatively, an injury may not have had sufficient time to heal so that any continuing loss becomes difficult to quantify. Other examples abound. Although entering into a mediation to settle the entire dispute may seem inappropriate, this does not mean that mediation cannot help. Some disputants participate in brief mediations with the goal of finding an interim solution to the problem that manages what the parties need to investigate during the interval between the present and when the dispute is ready to be settled. Another preliminary mediation task involves identifying who should participate in the mediation. Laws give decision-making power to certain individuals. It seems obvious that these individuals are essential to the mediation. Others important participants could include lawyers, accountants, support-persons, interpreters, or spouses. Ask: who needs to be involved in order to reach settlements that will be accepted and implemented? Convening a mediation meeting requires as much care as convening any important meeting. What location will best foster settlement? Do any participants have special needs? What date and time will work best? Will participants have access to food and beverages? Should the room have a table and chairs, or couches? Does the room have natural light? Does it offer privacy? How much time might a mediation take? At times disputants have the ability to select the mediator: they should exercise due diligence. Anyone can act as a mediator, with no licensing required. Some mediator organizations require mediators to qualify. Mediators listed in court-connected rosters have to meet certain experiential and training requirements. Many mediators have a wide range of skills. Matching the mediator with the dispute and the needs of the disputant comprises a pre-mediation task. For example, the mediator will need to have skill in managing the many parties involved in a land-use dispute. Expertise in family law may prove important in divorce mediation, while knowledge of construction matters will add value in construction disputes. The task of selecting the right mediator can occur more readily when participants take time to analyze the dispute. Just what is the dispute about? Parties probably agree in some areas. By identifying agreements, parties clarify the issues in dispute. Typically, misunderstandings occur. These usually result from assumptions. What if these can get cleared up? Might some information be missing? and if all of the disputants shared all of the information, would the matter quickly settle? Mediation involves communication and commitment to settle. Disputants can hone their communication-skills prior to mediation so that they express what they want more clearly and so that they hear what the other disputants say about what a settlement needs to include. Sometimes the dispute isn't about money. Rather, a sincere apology will resolve matters. When disputants communicate respectfully, they generate more opportunities for creative settlements. What objectives does each of the disputants have? Thinking about creative ways that each disputant can achieve their objectives before the mediation allows participants to check out the viability of possible outcomes. They come to the meeting well prepared to settle. What information do participants require in order to make good decisions? Do pictures, documents, corporate records, pay-stubs, rent-rolls, receipts, medical reports, bank-statements and so forth exist that parties need to gather, copy and bring to the mediation? With all of the information at hand at the mediation, one may avoid the need to adjourn the meeting to another, later date while parties gather the information. And one minimizes the risk of overlooking a critical piece of information. Parties may need to make procedural choices. One important decision involves whether to keep the mediation. Other decisions address how to pay the mediator and whether to share all information relevant to the dispute. A contract signed before the mediation can address all procedural decisions. These contracts have various names, such as "Agreement to Mediate" or "Mediation Agreement". Mediators often provide an Agreement to Mediate. Disputants, and their lawyers, can (by agreement) insert appropriate provisions into the agreement. In some cases, court-connected mediation programs have predetermined procedures. Mediators have a wide variety of practices in matters of contact with the disputants or their lawyers prior to the mediation meeting. Some mediators hold separate, in-person preliminary meetings with each disputant. These have many names, including "preliminary conferences". Disputants who meet with the mediator before the mediation learn about the process of mediation, their own role, and what the mediator will do. Having met the mediator before the mediation, disputants can put to rest any concerns about whether they can trust the mediator's neutrality and impartiality; and they can focus on how to resolve the dispute. The above outline sets out the most significant steps in preparation for mediation. Each unique dispute may require a unique combination of preliminary steps. Mediation as a method of dispute resolutionIn the field of resolving legal controversies, mediation offers an informal method of dispute resolution, in which a neutral third party, the mediator, attempts to assist the parties in finding resolution to their problem through the mediation process. Although mediation has no legal standing per se, the parties can (usually with assistance from legal counsel) commit agreed points to writing and sign this document, thus producing a legally binding contract in some jurisdiction specified therein. Mediation differs from most other conflict resolution processes by virtue of its simplicity, and in the clarity of its rules. It is employed at all scales from petty civil disputes to global peace talks. It is thus difficult to characterize it independently of these scales or specific jurisdictions - where 'Mediation' may in fact be formally defined and may in fact require specific licenses. There are more specific processes (such as peace process or binding arbitration or mindful mediation) referred to directly in the text. Safety, fairness, closureThese broader political methods usually focus on conciliation, preventing future problems, rather than on focused dispute-resolution of one matter. One can reasonably see mediation as the simplest of many such processes, where no great dispute exists about political context, where jurisdiction has been agreed, whatever process selected the mediator is not in doubt, and there is no great fear that safety, fairness and closure guarantees will be violated by future bad-faith actions. Assuming some warranty of safety, fairness, and closure, then the process can reasonably be called 'mediation proper', and be described thus: Post-mediation activitiesRatification and reviewSome mediated agreements require ratification by an external body to which a negotiating party must account such as a board, council or cabinet. In other situations it may be decided or understood that agreements will be reviewed by lawyers, accountants or other professional advisers after the mediation meeting. Ratification and review provide safeguards for mediating parties. They also provide an opportunity for persons not privy to the dynamics of a mediation and the efforts of the negotiating parties to undermine significant decisions they have made. In the United States, the implementation of agreements reached in mediation requires tailoring to the mediated subject. For example, successful family and divorce mediations must memorialize an agreement which complies with the statutes of the state in which the parties will implement their mediated agreement. In New York, for example, the New York Domestic Relations Law specifies both technical and substantive requirements with which premarital (or prenuptial) and post-marital (or post-nuptial) agreements must comply (NY Domestic Relations Law, Sec. 236, Part B). Official sanctionsIn some situations the sanctions of a court or other external authority must validate a mediation agreement. Thus if a grandparent or other non-parent is granted residence rights in a family dispute, a court counselor will be required to furnish a report to the court on merits of the proposed agreement. Parties to a private mediation may also wish to obtain court sanction for their decisions. Under the Queensland regulatory scheme on court connected mediation, mediators are required to file with a registrar a certificate about the mediation in a form prescribed in the regulations. A party may subsequently apply to a relevant court an order giving effect to the agreement reached. Where court sanction is not obtained, mediated settlements have the same status as any other agreements. Referrals and reporting-obligationsMediators may at their discretion refer one or more parties to psychologists, accountants or social workers for post-mediation professional assistance. Where mediation is provided by a public agency, referrals are made to other authorities such as Centrelink. Mediator debriefingIn some situations, a post-mediation debriefing and feedback session is conducted between co-mediators or between mediators and supervisors. It involves a reflective analysis and evaluation of the process. In many community mediation services debriefing is compulsory and mediators are paid for the debriefing session. Mediator roles and functionsMediator functions are classified into a few general categories, each of which necessitates a range of specific interventions and techniques in carrying out a general function. Creating favorable conditions for the parties' decision-makingMediators can contribute to the settlement of disputes by creating favorable conditions for dealing with them. This can occur through:
Assisting the parties to communicatePeople in conflict tend not to communicate effectively and poor communication can cause disputes to occur or escalate. For mediators to encourage communication efficiently, they themselves must be good communicators and practice good speaking and listening skills, pay attention to nonverbal messages and other signals emanating from the context of the mediation. Facilitating the parties' negotiationsMediators can contribute expertise and experience in all models and styles of negotiation so that the parties are able to negotiate more constructively, efficiently and productively. This function is prominent after the problem-defining stages of mediation and involves mediators bringing direction and finesse to the negotiation efforts of the parties. Mediators can also act as catalysts for creative problem solving, for example by brainstorming or referring to settlement options generated in analogous mediation experiences. Functions of the partiesThe functions of the parties will vary according to their motivations and skills, the role of legal advisers, the model of mediation, the style of mediator and the culture in which the mediation takes place. Legal requirements may also affect their roles. In New South Wales the Law Society has published A guide to the rights and Responsibilities of participants. PreparationWhether parties enter mediation of their own volition or because legislation obligates them to do so, they prepare for mediation in much the same way they would for negotiations, save that the mediator may supervise and facilitate their preparation. Mediators may require parties to provide position statements, valuation reports and risk assessment analysis. The parties may also be required to consent to an agreement to mediate before preparatory activities commence. Disclosure of informationAgreements to mediate, mediation rules, and court-based referral orders may have requirements for the disclosure of information by the parties and mediators may have express or implied powers to direct them to produce documents, reports and other material. In court referred mediations parties usually exchange with each other all material which would be available through discovery or disclosure rules were the matter to proceed to hearing. This would include witness statements, valuations and statement accounts. Party participationThe objectives of mediation, and its emphasis on consensual outcomes, imply a direct input from the parties themselves. The mediation system will expect that parties attend and participate in the mediation meeting; and some mediation rules require a party, if a natural person, to attend in person. However, the process assesses party participation in overall terms, so a party failing to participate in the initial stages may make up for this later in the process. Choice of mediatorThe choice of mediation as a dispute resolution option links closely to the identity of a mediator who conducts it. This follows from the circumstances: different models of mediation exist, mediators have a lot of discretion in a flexible procedure, and the mediator's professional background and personal style have enormous potential impacts on the nature of the service provided. These factors make the selection of mediators of real practical significance. The term "choice of mediator" implies a process of deliberation and decision-making. No formal mechanism for objecting to the appointment of particular mediators exists, but in practice the parties could ask mediators to withdraw for reasons of conflict of interest. In community mediation programs the director generally assigns mediators without party involvement. In New South Wales, for example, when the parties cannot agree on the identity of a mediator the registrar contacts a nominating entity, such as the Bar Association which supplies the name of a qualified and experienced mediator. The following are useful ways of selecting a mediator:
Values of mediationMediation contains three aspects: feature, values and objectives. The three aspects, although different, can and do at times overlap in their meaning and use. There are a number of values of mediation including Non Adversarialism, Responsiveness and Self Determination and Party Autonomy. Each Person, Mediator and Process has values that can be attributed to them. These values are as diverse as Human Nature itself and as such provides for no uniformity amongst the values and on how those values are enforced by each party. The Non-adversarialism value of mediation is not based on the attitudes of the parties involved, but is based on the actual process of mediation and how it is carried out. To clarify the context of the meaning it is said that Litigation is adversarial as its process must come to a logical conclusion based on a decision made by a presiding judge. Mediation does not always end with a decision. Responsiveness, another value of mediation, responds to the interests of the parties without the restrictions of the law. It allows the parties to come to their own decisions on what is best for them at the time. Responsiveness shows how the mediation process is informal, flexible and collaborative and is person centered. Self-determination and party autonomy gives rise to parties gaining the ability to make their own choices on what they will agree on. It gives the parties the ability to negotiate with each other to satisfy their interests, generate some options which could lead to an outcome satisfactory to both parties. This autonomy or independent structure provided by the mediation process removes the need for the presence of professional bodies and turns the responsibility back on to the parties to deal with the issue and hopefully to a satisfactory conclusion. Mediation with arbitrationMediation has sometimes been utilized to good effect when coupled with arbitration, particularly binding arbitration, in a process called 'mediation/arbitration'. In this process, if parties are unable to reach resolution through mediation, the mediator becomes an arbitrator, shifting the mediation process into an arbitral one, seeking additional evidence as needed (particularly from witnesses, if any, since witnesses are normally not called upon by a mediator), and finally rendering an arbitral decision. This process is more appropriate in civil matters where rules of evidence or jurisdiction are not in dispute. It resembles, in some respects, criminal plea-bargaining and Confucian judicial procedure, wherein the judge also plays the role of prosecutor - rendering what, in Western European court procedures, would be considered an arbitral (even 'arbitrary') decision. Mediation/arbitration hybrids can pose significant ethical and process problems for mediators. Many of the options and successes of mediation relate to the mediator's unique role as someone who wields coercive power over neither the parties nor the outcome. If parties in a mediation are aware the mediator might later need to act in the role of judge, the process could be dramatically distorted. Thankfully, mediation-arbitration often involves using different individuals in the role of mediator and (if needed later) arbitrator, but this is not always the case. Mediator liabilityMediators should take necessary precautions to protect themselves, as they are putting themselves in a vulnerable position in terms of liability. Mediators need to be qualified and properly trained before they can mediate a legally binding mediation. In mediation, there are a number of situations in which liability could arise. For example, a mediator could be liable for misleading parties about the process and/or process of alternative dispute resolution. If a mediator inappropriately recommends mediation as a dispute resolution method, those involved can hold the mediator liable. A breach of confidentiality on the mediators behalf could result in liability. These situations can all lead to court proceedings, although this is quite uncommon. Only one case has been recorded in Australia so far. Three areas exist in which liability can arise for the mediator:
Liability in Contract arises if the Mediator breaches contract between themselves and one or both of the parties. This can be in written or verbal contract. There are two forms of breach - failure to perform and anticipatory breach. The latter is harder to prove because the breach has not yet happened. If the breach is proven in can result in damages awarded. The damages awarded are generally compensatory in nature, very rarely pecuniary. Limitations on liability include causation (Proving liability requires a showing of actual causation). Liability in Tort arises if a mediator influences a party in any way (compromising the integrity of the decision), defames a party, breaches confidentiality, or most commonly, is liable in negligence. To be awarded damages, the party must show suffering of actual damage, and must show that the mediator's actions (and not the party's actions) are the actual cause of the damage. Liability for Breach of Fiduciary Obligations can occur if parties misconceive their relationship with the Mediator for something other than completely neutral. The mediator has the role of remaining neutral at all times, but the parties could misinterpret the relationship to be a fiduciary one. Mediators' liability in Tapoohi v Lewenberg (Australia)Tapoohi v Lewenberg provides the only case in Australia to date that has set a precedent for mediators' liability. The case involved two sisters who settled a deceased estate via mediation. Only one sister attended the mediation in person: the other participated via telephone with her lawyers present. A deal was struck up and an agreement was executed by the parties. At the time it was orally expressed that before the final settlement was to occur there was requirement for taxation advise to be sought as such a large transfer of property would encompass some capital gains tax to be paid. Tapoohi had to pay Lewenberg $1.4 million dollars in exchange for some transfers of land. One year later, when the capital gains tax was recognized by Tapoohi she filed proceedings against her sister, lawyers and the mediator based on the fact that the agreement was subject to further advise being sought in relation to taxation. The mediator's agreement stage took place verbally without any formal agreement: only a letter stating his appointment. Tapoohi, a lawyer herself, alleged that the mediator breached his contractual duty, bearing in mind the lack of any formal agreement; and further alleged several breaches on his tortuous duty of care. Although the court dismissed the summary judgment, the case shows that the mediators owe a duty of care to all parties and that parties can hold them liable should they breach that duty of care. Habersberger J held that it "not beyond argument" that the mediator could be in breach of contractual and tortious duties. Such claims were required to be made out at a hearing but a trial court. This case emphasizes the need for formal mediation-agreements including clauses that would limit mediators' liability. Mediation in the United StatesNote the differences between the legal definition of civil mediation in the United States of America and mediation in other countries. Compared with the situation elsewhere, mediation appears more "professionalized" in the United States, where State laws regarding the use of lawyers as opposed to mediators may differ widely. One can best understand these differences in a more global context of variances between countries. Within the United States, the laws governing mediation vary greatly on a state-by-state basis. Some states have fairly sophisticated laws concerning mediation, including clear expectations for certification, ethical standards, and protections preserving the confidential nature of mediation by ensuring that mediators need not testify in a case they've worked on. However, even in states that have such developed laws around mediation, that law only relates to mediators working within the court system. Community and commercial mediators practicing outside the court system may very well not have these same sorts of legal protections. Professional mediators often consider the option of liability insurance traditionally marketed through professional dispute-resolution organizations. Without-prejudice privilegeThe without-prejudice privilege in common law terms denotes that when in honest attempts to reach some type of settlement any offers or admissions cannot be used in a court of law when the subject matter is the same. This further applies to negotiations that are made as part of the mediation process. There are however some exceptions to the without privilege rule. The without prejudice privilege emerges clearly from the description of the case AWA Ltd v Daniels (t/as Deloitte Haskins and Sells). AWA LTD commenced proceedings in the Supreme Court of NSW against Daniels for failing to audit their accounts properly. Mediation was ordered and failed. But during the mediation AWA LTD disclosed that they had a document that gave its directors full indemnity with respect to any legal proceedings. AWA LTD was under the impression that they gave this information without prejudice and therefore it could not be used in a court of law. When mediation failed litigation resumed. During the litigation Daniels asked for a copy of the indemnity deed. AWA LTD claimed privilege, but the presiding Rolfe J, stated that privilege was not applicable as the document was admissible. Further to this Rolfe, J added that Daniels was only seeking to prove a fact which was referred to in the mediation. The without-prejudice privilege does not apply if it has been excluded by either party or if the rights to the privilege has been waived in proceedings and it must be remembered that although a mediation is private and confidential, the disclosure of privileged information in the presence of a mediator does not represent a waiver of the privilege. Mediation in politics and in diplomacyDiplomats typically engage in mediation as one of their most important activities. Some people consider that it should be a relevant quality of democratic politicians, given that usually in both these fields the explicitation of the respective mansions (on a formal basis, at least) require the achievement of agreements between separate entities of which the diplomat or the politician are third parties by definition; Hobbes and Bodin found that the organs of a state have a mediating power and function. These activities are usually performed in order to get, on the subjective point of view of this mediator, a recompense that might be in the form of a direct economical advantage, a political advantage, an increased international prestige or influence. One of many nonviolent methods of dispute resolutionIn politics and in diplomacy, mediation obviously offers a nonviolent method of dispute resolution (some indeed argue that other methods would be many), although it is usually assumed or included in definitions of other methods. Some theorists, notably Rushworth Kidder, have claimed that mediation is the foundation of a new (some say 'postmodern') ethics - and that it sidesteps traditional ethical issues with predefined limits of morality. Others claim that mediation is a form of harms reduction or de-escalation, especially in its large-scale application in peace process and similar negotiation, or the bottom-up way it is performed in the peace movement where it is often called mindful mediation. In this form, it would be derived from methods of Quakers in particular. Mediation and industrial relationsAccording to Boulle (2005, p. 286), conciliation and ADR began in industrial relations in Australia long before the arrival of the modern ADR movement. One of the first statutes passed by the Commonwealth parliament was the Conciliation and Arbitration Act 1904 (Cth). This allowed the Federal Government to pass laws on conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one state. In Australian industrial relations, conciliation has been the most prominently used form of ADR, and is generally far removed from modern mediation. Significant changes in state policy concerning Australian industrial relations took place over the decade 1996 to 2007. The Howard government, with the introduction of the Workplace Relations Act 1996 (Cth), sought to shift the industrial system away from a collectivist approach, where unions and the AIRC had strong roles, to a more decentralized system of individual bargaining between employers and employees (Bamber et al., 2000, p.43). The WRA Act 1996 (Cth) diminished the traditional role of the AIRC by placing the responsibility of resolving disputes at the enterprise level (Boulle, 2005, p. 287). This allowed mediation to be used to resolve industrial relations disputes instead of the traditionally used conciliation. The new Work Choices Amendment came into effect in March 2006, and included a compulsory model dispute-resolution process that doesnt involve the AIRC. Mediation and other ADR processes have been encouraged by the government as a better option than the services provided by the AIRC. The government has realized the benefits of mediation to include the following (Van Gramberg, 2006, p.11):
The workplace and mediationMediation emerged on the industrial relations landscape in the late 1980s due to a number of economic and political factors, which then induced managerial initiatives. According to Van Gramberg (2006, p. 173) these changes have come from the implementation of human resource management policies and practices, which focuses on the individual worker, and rejects all other third parties such as unions, and the Australian Industrial relations Commission (AIRC). HRM together with the political and economic changes undertaken by the Howard government has created an environment where private ADR can be fostered in the workplace (Bamber et al., 2000, p. 45). The decline of unionism and the encouragement of individualization in the workplace have encouraged the growth of private mediations. This is demonstrated in the industries with the lowest union rates such as in the private business sector having the greatest growth of mediation (Van Gramberg, 2006, p. 174). The Howard government's Work Choices Act, which came into effect on March 2006, made further legislative changes to deregulate the industrial relations system. A key element of the new changes was to weaken the powers of the AIRC in conciliation and arbitration by installing and encouraging private mediation in competition with the services provided by the AIRC. Workplace conflicts can cover a great variety of disputes. For example disputes between staff members, allegations of harassment, contractual disputes relating to the terms and conditions of employment and workers-compensation claims (Boulle, 2005, p. 298). At large, workplace disputes are between people who have an ongoing working relationship within a closed system, which indicate that mediation would be appropriate as a means of a dispute resolution process. However in organizations there are many complex relationships, involving hierarchy, job security and competitiveness that make mediation a difficult task (Boulle, 2005, p. 298). Conflict-managementSociety perceives conflict as something that gets in the way of progress, as a negative symptom of a relationship that one should cure as quickly as possible (Boulle, 2005, p. 87). However within the mediation profession conflict is seen as a fact of life and when properly managed it can have many benefits for the parties and constituents (Bagshaw, 1999, p. 206, Boulle, 2005, p. 87). The benefits of conflict include the opportunity to renew relationships and make positive changes for the future. Mediation should be a productive process, where conflict can be managed and expressed safely (Bradford, 2006, p. 148). It is the mediators responsibility to let the parties express their emotions entailed in conflict safely. Allowing the parties to express these emotions may seem unhelpful in resolving the dispute, but if managed constructively these emotions may help towards a better relationship between the parties in the future. Measuring the effectiveness of conflict managementThe ADR field has felt a need to define the effectiveness of dispute-resolution in a broad manner, including more than whether there was a settlement (Boulle, 2005, p. 88). Mediation as a field of dispute resolution recognized there was more to measuring effectiveness, than a settlement. Mediation recognized in its own field that party satisfaction of the process and mediator competence could be measured. According to Boulle (2005, p.88) surveys of those who have participated in mediation reveal strong levels of satisfaction of the process. Benefits of mediation may include:
Confidentiality and mediationConfidentiality emerges as a powerful and attractive feature of mediation (Van Gramberg, 2006, p. 38). The private and confidential aspect of mediation is in contrast with the courts and tribunals which are open to the public, and kept on record. Privacy is a big motivator for people to choose mediation over the courts or tribunals. Although mediation is promoted with confidentiality being one of the defining features of the process, it is not in reality as private and confidential as often claimed (Boulle, 2005, p. 539). In some circumstances the parties agree that the mediation should not be private and confidential in parts or in whole. Concerning the law there are limits to privacy and confidentiality, for example if their mediation entails abuse allegations, the mediator must disclose this information to the authorities. Also the more parties in a mediation the less likely it will be to maintain all the information as confidential. For example some parties may be required to give an account of the mediation to outside constituents or authorities (Boulle, 2005, p. 539). Two competing principles affect the confidentiality of mediations. One principle involves upholding confidentiality as means to encourage people to settle out of the courts and avoid litigation, while the second principle states that all related facts in the mediation should be available to the courts. A number of reasons exist for keeping mediation private and confidential; these include:
Global relevanceThe rise of international trade law, continental trading blocs, the World Trade Organization (and its opposing anti-globalization movement), and use of the Internet, among other factors, seem to suggest that legal complexity has started to reach an intolerable and undesirable point. There may be no obvious way to determine which jurisdiction has precedence over which other, and there may be substantial resistance to settling a matter in any one place. Accordingly, mediation may come into more widespread use, replacing formal legal and judicial processes sanctified by nation-states. Some people, like members of the anti-globalization movement, believe such formal processes have quite thoroughly failed to provide real safety and closure guarantees that are prerequisite to uniform rule of law. Following an increasing awareness of the process, and a wider notion of its main aspects and eventual effects, some commentators in recent times have frequently proposed mediation for the resolution of international disputes, with attention to belligerent situations too. However, as mediation ordinarily needs participation by the interested parties and it would be very difficult to impose it, in case one of the parts refuses this process it cannot be a solution. FairnessAs noted, mediation can only take place in an atmosphere where there is some agreement on safety, fairness and closure, usually provided by nation-states and their legal systems. But increasingly, disputes transcend international borders and include many parties who may be in unequal-power relationships. In such circumstances, with many parties afraid to be identified or to make formal complaints, terminology or rules of standing or evidence slanted against some groups, and without power to enforce even "legally binding" contracts, some conclude that the process of mediation would not reasonably be said to be "fair". Accordingly, even when a party offers to mediate and a mediator attempts to make the process fair, mediation itself might not operate as a fair process. In such cases, parties may pursue other means of dispute resolution. From a more technical point of view, however, one must recall that the parties must require mediation, and very seldom can it be imposed by "nonparties" upon the parties. Therefore, in presence of entities that cannot be clearly identified, and that practically don't claim for their recognition as "parties", the professional experience of a mediator could only apply to a proposal of definition, that besides would always miss the constitutional elements of a mediation. Moreover, in such circumstances, the counter-party of these eventual entities would very likely deny any prestige of 'party' to the opponent, this not consenting any kind of treaty (in a correct mediation). More generally, given that mediation ordinarily produces agreements containing elements to enforce the pacts with facts that can grant its effectiveness, note that other mechanisms apart from legal systems may ensure protection of the pacts: modern mediation frequently tends to define economic compensations and warranties too, generally considered quicker and more effective. The concrete 'power' of an agreement is classically found in the equilibre of the pact, in the sincere conciliation of respective interests and in the inclusion of measures that would make the rupture of the pact very little convenient for the unfaithful party. Pacts that don't have such sufficient warranties are only academically effects of a mediation, but would never respect the deontology of the mediator. Phoenix CoyotesOn May 19, 2009 a bankruptcy judge ordered the NHL and Phoenix Coyotes owner Jerry Moyes to mediation in an attempt to resolve their fight over who is in control of a franchise that both sides agree is insolvent. Judge Redfield Baum made the ruling after hearing arguments from attorneys on both sides in US bankruptcy court Tuesday over the NHL's contention that Moyes had no authority to file Chapter 11 bankruptcy earlier this month. The league and Moyes are to report their progress at a status hearing May 27. Meanwhile, Baum said to relocate the team anywhere must be decided before the franchise is sold. What Is Arbitration? Arbitration, in the context of United States law, is a form of alternative dispute resolution specifically, a legal alternative to litigation whereby the parties to a dispute agree to submit their respective positions (through agreement or hearing) to a neutral third party (the arbitrator(s) or arbiter(s)) for resolution. In practice arbitration is generally used as a substitute for judicial systems, particularly when the judicial processes are viewed as too slow, expensive or biased. Arbitration is also used by communities which lack formal law, as a substitute for formal law. Arbitration may also serve a distinct purpose: as an alternative to strikes and lockouts as a means of resolving labor disputes. Labor arbitration comes in two varieties: interest arbitration, which provides a method for resolving disputes about the terms to be included in a new contract when the parties are unable to agree, and grievance arbitration, which provides a method for resolving disputes over the interpretation and application of a collective bargaining agreement. Species of ArbitrationCommercial and other forms of contract arbitrationAgreements to arbitrate were not enforceable at common law, though once the parties had actually submitted a pending dispute to an arbitrator, the arbitrator's judgment was usually enforceable. The reasoning for this was that the power of the arbitrator arose solely from the mutual consent of the parties to his jurisdiction; but by the time a dispute reached the point that one party wished to take it to an arbitrator, the other often preferred to take their chances in court instead. Thus, without the consent of both parties to his jurisdiction, the arbitrator lacked the power to decide the case. During the Industrial Revolution, large corporations became increasingly opposed to this policy. They argued that too many valuable business relationships were being destroyed through years of expensive adversarial litigation, in courts whose rules differed significantly from the informal norms and conventions of businesspeople (the private law of commerce, or jus merchant). Arbitration was promoted as being faster, less adversarial, and cheaper. The result was the New York Arbitration Act of 1920, followed by the United States Arbitration Act of 1925. Both made agreements to arbitrate valid and enforceable (unless one party could show fraud or unconscionability or some other ground for rescission which undermined the validity of the entire contract). The USAA is now known as the Federal Arbitration Act. Due to the subsequent judicial expansion of the meaning of interstate commerce, the US Supreme Court reinterpreted the FAA in a series of cases in the 1980s and 1990s to cover almost the full scope of interstate commerce. In the process, the Court held that the FAA preempted many state laws covering arbitration, some of which had been passed by state legislatures to protect their consumers against powerful corporations. Since commercial arbitration is based upon either contract law or the law of treaties, the agreement between the parties to submit their dispute to arbitration is a legally binding contract. All arbitral decisions are considered to be "final and binding." This does not, however, void the requirements of law. Any dispute not excluded from arbitration by virtue of law (e.g. criminal proceedings) may be submitted to arbitration. Labor arbitrationArbitration has also been used as a means of resolving labor disputes for more than a century. Labor organizations in the United States, such as the National Labor Union, called for arbitration as early as 1866 as an alternative to strikes to resolve disputes over the wages, benefits and other rights that workers would enjoy. Governments have also relied on arbitration to resolve particularly large labor disputes, such as the Coal Strike of 1902. This type of arbitration, wherein a neutral arbitrator decides the terms of the collective bargaining agreement, is commonly known as interest arbitration. The United Steelworkers of America adopted an elaborate form of interest arbitration, known as the Experimental Negotiating Agreement, in the 1970s as a means of avoiding the long and costly strikes that had made the industry vulnerable to foreign competition. Major League Baseball uses a variant of interest arbitration, in which an arbitrator chooses between the two sides' final offers, to set the terms for contracts for players who are not eligible for free agency. Interest arbitration is now most frequently used by public employees who have no right to strike (e.g., law enforcement and firefighters). Unions and employers have also employed arbitration to resolve employee and union grievances arising under a collective bargaining agreement. The Amalgamated Clothing Workers of America made arbitration a central element of the Protocol of Peace it negotiated with garment manufacturers in the second decade of the twentieth century. Grievance arbitration became even more popular during World War II, when most unions had adopted a no-strike pledge. The War Labor Board, which attempted to mediate disputes over contract terms, pressed for inclusion of grievance arbitration in collective bargaining agreements. The Supreme Court subsequently made labor arbitration a key aspect of federal labor policy in three cases which came to be known as the Steelworkers' Trilogy. The Court held that grievance arbitration was a preferred dispute resolution technique and that courts could not overturn arbitrators' awards unless the award does not draw its essence from the collective bargaining agreement. State and federal statutes may allow vacating an award on narrow grounds (e.g., fraud). These protections for arbitrator awards are premised on the union-management system, which provides both parties with due process. Due process in this context means that both parties have experienced representation throughout the process, and that the arbitrators practice only as neutrals. Securities arbitrationIn the United States securities industry, arbitration has long been the preferred method of resolving disputes between brokerage firms, and between firms and their customers. The securities industry uses a pre-dispute arbitration agreement, where the parties agree to arbitrate their disputes before any such dispute arises. Those agreements were upheld by the United States Supreme Court in Shearson v. MacMahon, 482 US 220 (1987) and today nearly all disputes involving brokerage firms are resolved in arbitration. The process operates under its own rules, and is described in an article Introduction to Securities Arbitration. Securities arbitrations are held primarily by the Financial Industry Regulatory Authority ("FINRA"). Judicial arbitrationSome state court systems have promulgated court-ordered arbitration; family law (particularly child custody) is the most prominent example. Judicial arbitration is often merely advisory dispute resolution technique, serving as the first step toward resolution, but not binding either side and allowing for trial de novo. Litigation attorneys present their side of the case to an independent teritary lawyer, who issues an opinion on settlement. Should the parties in question decide to continue to dispute resolution process, there can be some sanctions imposed from the initial arbitration per terms of the contract. Validity of Arbitration ClausesThe validity of arbitration clauses in the US is not a settled legal matter. Arbitration clauses of companies such as Blockbuster, AT&T, and Talk America have been ruled unconscionable and, therefore, unenforceable. However arbitration clauses have been upheld repeatedly as well. ProceedingsVarious bodies of rules have been developed that can be used for arbitration proceedings. The two most important are the UNCITRAL rules and the ICSID rules. The rules to be followed by the arbitrator are specified by the agreement establishing the arbitration. The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Done at New York, 10 June 1958; Entered into force, 7 June 1959; 330 U.N.T.S. 38, 1959) provides for the enforcement of foreign arbitral awards on the territory of the contracting parties. Similar provisions are contained in the earlier Convention on the Execution of Foreign Arbitral Awards (Done at Geneva, 26 September 1927; Entered into force, 25 July 1929; L.N.T.S. ???). Some jurisdictions have instituted a limited grace period during which an arbitral decision may be appealed against, but after which there can be no appeal. In the case of arbitration under international law, a right of appeal does not in general exist, although one may be provided for by the arbitration agreement, provided a court exists capable of hearing the appeal. When arbitration occurs under US law, either party to an arbitration may appeal from the arbitrator's decision to a court, however the court will generally not change the arbitrator's findings of fact but will decide only whether the arbitrator was guilty of malfeasance, or whether the arbitrator exceeded the limits of his or her authority in the arbitral award or whether the award conflicts with positive law. The Supreme Court has described the standard of review as one of the narrowest known to Western jurisprudence. Wherever so seen, arbitration may be the best approach to the legal manners and parties involved. ArbitratorsArbitrators have wide latitude in crafting remedies in the arbitral decision, with the only real limitation being that they may not exceed the limits of their authority in their award. An example of exceeding arbitral authority might be awarding one party to a dispute the personal automobile of the other party when the dispute concerns the specific performance of a business-related contract. It is open to the parties to restrict the possible awards that the arbitrator can make. If this restriction requires a straight choice between the position of one party or the position of the other, then it is known as pendulum arbitration or final offer arbitration. It is designed to encourage the parties to moderate their initial positions so as to make it more likely they receive a favorable decision. No definitive statement can be made concerning the credentials or experience levels of arbitrators, although some jurisdictions have elected to establish standards for arbitrators in certain fields. Several independent organizations, such as the American Arbitration Association and the National Arbitration Forum, offer arbitrator training programs and thus in effect, credentials. Generally speaking, however, the credibility of an arbitrator rests upon reputation, experience level in arbitrating particular issues, or expertise/experience in a particular field. Arbitrators are generally not required to be members of the legal profession. To ensure effective arbitration and to increase the general credibility of the arbitral process, arbitrators will sometimes sit as a panel, usually consisting of three arbitrators. Often the three consist of an expert in the legal area within which the dispute falls (such as contract law in the case of a dispute over the terms and conditions of a contract), an expert in the industry within which the dispute falls (such as the construction industry, in the case of a dispute between a homeowner and his general contractor), and an experienced arbitrator. CriticismCritics of arbitration argue that contractual requirements to arbitrate can be unfair to employees or consumers who have no power to negotiate what is often a form contract. In these cases, the choice of arbiter may be spelled out in a contract. The arbitration panel may contain industry experts who may be more sympathetic to the industry than to the individual. Also, some have argued that the fact that an arbitration institute may handle many cases for a corporation while an individual rarely goes through arbitration twice may bias the arbitrators in favor of the company. The Christian Science Monitor found that the National Arbitration Forum's 10 most frequently used arbitrators who decided almost 60 percent of the consumer-related cases heard by the National Arbitration Forum decided in favor of the consumer only 1.6 percent of the time. The fact that most arbitral procedures are not public, and that there may be no provision for an individual to be represented by counsel, may also work to the disadvantage of the individual. These potential disadvantages make the ethics and professionalism of arbitrators even more important. Arbitration in the US has also been criticized because of the unavailability of appellate review. Although the New York and federal arbitration laws were based on the English arbitration law of 1898, they omitted the English provision permitting for de novo review of questions of law. Thus, American courts can overturn arbitral rulings only for extremely gross procedural errors that violate due process, but cannot reverse most substantive errors. Unlike judicial opinions, arbitration opinions are often confidential. As a result, the law relating to activities (such as reinsurance contracts and certain types of securities industry disputes) where contracts to arbitrate are widespread may develop more slowly because the usual process of creating precedent is not available. Critics say arbitration can mean high filing fees, unqualified arbitrators, lost legal rights, limited awards and no appeals. Filing a case in state Superior Court costs from $90 to $185, depending on the amount claimed. Filing fees for arbitration can cost thousands of dollars, depending on the case and the arbitration firm. Fees for hearing rooms and the arbitrator's time can run tens of thousands of dollars more and discourage individuals from pursuing a case. In court, Judges or other judicial officers hear cases. Many arbitrators are former judges, but some are not even lawyers. Arbitrators are rarely required to follow the law and are regulated in only two states. Judges are usually assigned according to a rotation or by a presiding judge. Parties select arbitrators, usually from a list compiled by an arbitration firm. Firms offer parties various methods of striking names from the list and reducing them to one. If the parties cannot agree, the firm may designate an arbitrator. . In courts, the right to a fair process is protected by legal safeguards such as discovery, testimony and evidence rules. Court rules do not apply to arbitration, meaning the arbitrator - sometimes guided by an arbitration agreement or the rules of an arbitration firm - controls the process. Arbitration awards are generally lower than in court, and arbitration agreements sometimes limit the type of damages an individual can recover. Judges' decisions are public record and subject to appeal. Most decisions by arbitrators are confidential. They cannot be appealed and are subject to judicial review only in narrow circumstances. Critics say many arbitrators "cut the baby in half" irrespective of the merits of the parties' cases. Arbitration on TVThe "judge shows" that have become popular in many countries, especially the United States, are actually binding arbitration. The most famous example is The People's Court. Arbitration Fairness ActMost recently Senators Russ Feingold of Wisconsin and Congressman Hank Johnson of Georgia, together with numerous cosponsors in both Houses, introduced the Arbitration Fairness Act (S. 1782, H.R. 3010) in the US Congress. The bill would prohibit mandatory pre-dispute binding arbitration in consumer, employment, and franchise disputes. Parties to a dispute would still be able to choose arbitration over court if they wanted to, but individuals would be given a choice in the matter and would not be denied their constitutional right to access the courts and have a jury trial. The bill would overturn the strong presumption in favor of arbitrability that has been erected by decisions of the United States Supreme Court under the rubric of the Federal Arbitration Act, at least as applied to consumer and employment disputes. The bill is supported by the groups such as Public Citizen, Center for Responsible Lending, Consumer Federation of America, Homeowners Against Deficient Dwellings, Home Owners for Better Building, National Association of Consumer Advocates, National Consumer Law Center, National Consumer Coalition for Nursing Home Reform, National Employment Lawyers Association, and American Association for Justice. Opposition to the bill is led by the US Chamber of Commerce's Institute for Legal Reform. Among other things, the proposed Act states that: "No predispute arbitration agreement shall be valid or enforceable if it requires arbitration of (1) an employment, consumer, or franchise dispute; or (2) a dispute arising under any statute intended to protect civil rights or to regulate contracts or transactions between parties of unequal bargaining power." WE
SERVE ORANGE COUNTY IN THE FOLLOWING CITIES AND ZIPCODES: About Orange County:
Orange County is a county in Southern California, United States. Its
county seat is Santa Ana. According to the 2000 Census, its population
was 2,846,289, making it the second most populous county in the state
of California, and the fifth most populous in the United States. The
state of California estimates its population as of 2007 to be 3,098,121
people, dropping its rank to third, behind San Diego County. Thirty-four
incorporated cities are located in Orange County; the newest is Aliso
Viejo.
CITIES OF ORANGE COUNTY CALIFORNIA:
About
San Diego County:
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| San Bernardino County, California | |
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| Founded | 1853 |
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| Seat | San Bernardino |
| Largest city | San Bernardino |
| Area - Total - Land - Water |
20,105 sq mi (52,072 kmē) 20,052 sq MI (51,934 kmē) 53 sq MI (137 kmē), |
| Population - (2007) - Density |
2,007,800 85/sq MI (33/kmē) |
| Website: www.sbcounty.gov | |
| Named for: San Bernardino | |
San Bernardino County is a county in the US state of California. As of the 2000 census, the population was 1,709,434. As of 2007, the population was estimated by the California Department of Finance to have grown to 2,028,013. San Bernardino County is the largest county in the United States (aside from four of Alaska's districts) by area, and is larger than each of the nine smallest states.
Located in the southeast of the state of California, the thinly populated deserts and mountains of this vast county stretch from the outskirts of the densely populated Riverside-San Bernardino Area to the Nevada border and the Colorado River.
The county seat is San Bernardino. The county is considered to be part of the Inland Empire region and is also the only county in the Golden State bordered by both Nevada and Arizona.
Father Francisco Dumetz named San Bernardino on May 20, 1810, feast day of St. Bernardino of Siena.
San Bernardino County was formed from parts of Los Angeles County in 1853. Parts of the county's territory were given to Riverside County in 1893.
The Franciscans gave the name San Bernardino to the snowcapped peak in Southern California, in honor of the saint and it is from him that the county derives its name.
The Mojave National Preserve covers some of the eastern desert, especially between Interstate 15 and Interstate 40. The desert portion also includes the cities of Needles next to the Colorado River, and Barstow at the junction in Interstate 15 and Interstate 40. Trona is at the northwestern part of the county west of Death Valley. This famous national park, mostly within Inyo County, also has a small portion of land within the county. The largest metropolitan area in the Mojave Desert part of the county is the Victor Valley with the incorporated localities of Apple Valley, Victorville, Adelanto, and Hesperia. Further south, a portion of Joshua Tree National Park overlaps the county near Twentynine Palms. Additional places near and west of Twentynine palms include Yucca Valley, Joshua Tree, and Morongo Valley.
The mountains are home to the San Bernardino National Forest, and include the communities of Crestline, Lake Arrowhead, Running Springs, Big Bear City, Forest Falls, and Big Bear Lake.
The San Bernardino Valley is at the eastern end of the San Gabriel Valley, and is part of the Inland Empire. The San Bernardino Valley includes the cities of Ontario, Chino, Chino Hills, Upland, Fontana, Rialto, Colton, Grand Terrace, Rancho Cucamonga, San Bernardino, Loma Linda, Highland, Redlands, and Yucaipa.
The Inland Empire area of Southern California is made up of the San Bernardino County and Riverside county.
| San Bernardino
County Cities |
Year Incorporated |
Population, 2007 |
Median Income, 2006 |
|---|---|---|---|
| Adelanto | 1970 | 27,139 | $41,444 |
| Apple Valley | 1988 | 70,297 | $46,751 |
| Barstow | 1947 | 23,943 | $44,737 |
| Big Bear Lake | 1981 | 6,207 | $43,983 |
| Chino | 1910 | 81,224 | $70,994 |
| Chino Hills | 1991 | 78,668 | $100,394 |
| Colton | 1887 | 51,797 | $45,911 |
| Fontana | 1952 | 181,640 | $60,722 |
| Grand Terrace | 1978 | 12,380 | $69,806 |
| Hesperia | 1988 | 85,876 | $43,018 |
| Highland | 1987 | 52,186 | $53,917 |
| Loma Linda | 1970 | 22,451 | $49,211 |
| Montclair | 1956 | 36,622 | $52,768 |
| Needles | 1913 | 5,759 | $35,338 |
| Ontario | 1891 | 172,701 | $56,688 |
| Rancho Cucamonga | 1977 | 174,308 | $75,429 |
| Redlands | 1888 | 71,375 | $63,463 |
| Rialto | 1911 | 99,064 | $45,759 |
| San Bernardino | 1854 | 205,010 | $36,676 |
| Twentynine Palms | 1987 | 24,830 | $36,471 |
| Upland | 1906 | 75,169 | $64,894 |
| Victorville | 1962 | 102,538 | $50,531 |
| Yucaipa | 1989 | 51,784 | $50,529 |
| Yucca Valley | 1991 | 21,044 | $38,092 |
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Adjacent counties to San Bernardino County Are: Kern, Inyo, Clark County (Nevada), Mojave County (Arizona), La Paz County (Arizona), Riverside, Orange, and Los Angeles. San Bernardino County, California, is one of the few counties in the United States to border as many as 8 counties.
| Riverside County, California | |
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| Founded | 1893 |
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| Seat | Riverside |
| Largest city | Riverside |
| Area - Total - Land - Water |
7,303 sq MI (18,915 kmē) 7,207 sq MI (18,667 kmē) 96 sq MI (248 kmē), 1.31% |
| Population - (2007) - Density |
2,073,571 215/sq MI (83/kmē) |
| Website: countyofriverside.us | |
| Named for: Riverside, California | |
Riverside County is a county located in the southeastern part of the US state of California, stretching from Orange County to the Colorado River, which is the border with Arizona. This county is part of the Riverside-San Bernardino Area, in a region of Southern California known as the Inland Empire.
The population of Riverside County was 1,545,387 in 2000, and the 2007 population has been estimated at 2,073,571. The county seat is the city of Riverside.
Geographically, the county is desert. Most of Joshua Tree National Park is located in the county. Riverside County lies inland of Los Angeles, and south of San Bernardino. Large numbers of Los Angeles workers have moved to the county in recent years to take advantage of relatively affordable housing. Alongside neighboring San Bernardino County, it is one of the fastest growing parts of the Inland Empire. This spawned a wave of toll road construction in the area in the 1990s, starting with the addition of toll commuter lanes to the State Route 91 freeway, the main traffic artery to the western metropolitan area. In addition, smaller, but significant, numbers of people have been moving into southern Riverside County from the San Diego metropolitan area. The cities of Temecula and Murrieta account for 20% of increase in population of Riverside County between 2000 and 2007.
The famous resorts of the Coachella Valley such as Indian Wells, La Quinta, Rancho Mirage, Palm Springs and Palm Desert are located in Riverside County. Indio is the center of an important date growing region.
Riverside County was created in 1893 from parts of San Bernardino and San Diego Counties.
The county derives its name from the City of Riverside, California, christened when the upper canal of the Santa Ana River reached it in 1871.
The county's population surpassed one million people in 1980 when the current trend of high population growth as a major real estate destination began in the 1970s.
According to the US Census Bureau, the county has a total area of 18,915 km2 (7,303 sq MI) of which 18,667 km2 (7,207 sq MI) is land and 248 km2 (96 sq MI), or 1.31%, is water. At roughly 180 miles (290 km) wide in the east-west dimension, the area of the county is massive. County government documents frequently cite the Colorado River town of Blythe as being a "three-hour drive" from the county seat, Riverside. Some view the areas west of San Gorgonio Pass as the Inland Empire portion of the county and the eastern part as either the Mojave Desert or Colorado Desert portion. There are probably at least three geomorphic provinces: the Inland Empire western portion, the Santa Rosa Mountains communities, and the desert region. Other possible subdivisions include tribal lands, the Colorado River communities, and the Salton Sink.
Serving this area are 19 healthcare facilities identified as "General Acute Care Hospitals." Five of these are identified as rural, sixteen provide at least basic emergency care, and three are level 2 trauma centers. The State of California defines Riverside county as Health Service Area 12.
There are 14 major airports in Riverside County. County government projections expect the county's population to roughly double between 2004 and 2040. Most of the growth is expected in communities viewed as being within practical commute distances of work in Los Angeles County and Orange County.
In California, each County Office of Education has influence over funding and operation of schools within its area. The county includes a total of about 380 public schools including Riverside's California School for the Deaf. These schools are operated by about 24 school districts and by Tribal governments in conjunction with the Bureau of Indian Affairs.
| Riverside
County Cities |
Year Incorporated |
Population, 2007 |
Median Income, 2006 |
|---|---|---|---|
| Banning | 1913 | 28,272 | $41,268 |
| Beaumont | 1912 | 28,250 | $39,553 |
| Blythe | 1916 | 22,178 | $45,302 |
| Calimesa | 1990 | 7,415 | $47,406 |
| Canyon Lake | 1990 | 10,939 | $70,106 |
| Cathedral City | 1981 | 51,081 | $50,654 |
| Corona | 1896 | 144,661 | $72,162 |
| Coachella | 1946 | 35,207 | $33,402 |
| Desert Hot Springs | 1963 | 22,011 | $33,263 |
| Hemet | 1910 | 69,544 | $31,749 |
| Indian Wells | 1967 | 4,865 | $120,074 |
| Indio | 1930 | 71,654 | $45,143 |
| Lake Elsinore | 1888 | 40,985 | $54,595 |
| La Quinta | 1982 | 38,340 | $71,127 |
| Menifee | 2008 | 60,000 | -- |
| Moreno Valley | 1984 | 174,565 | $52,426 |
| Murrieta | 1991 | 92,933 | $75,102 |
| Norco | 1964 | 27,262 | $62,652 |
| Palm Desert | 1973 | 49,539 | $61,789 |
| Palm Springs | 1938 | 46,437 | $46,399 |
| Perris | 1911 | 47,139 | $35,338 |
| Rancho Mirage | 1973 | 16,672 | $78,434 |
| Riverside | 1883 | 287,820 | $52,023 |
| San Jacinto | 1888 | 31,066 | $39,235 |
| Temecula | 1989 | 93,923 | $71,754 |
| Wildomar | 2008 | 14,064 | $49,081 |
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San Bernardino County |
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| Orange County | La Paz County, Arizona | ||||||
| San Diego County and Imperial County |
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ARBITRATIONMEDIATIONATTORNEY.COM Copyright
Đ Mailly Law Group Aliso Viejo 92656, 92698, Anaheim 92801, 92802, 92803, 92804, 92805, 92806, 92807, 92808, 92809, 92812, 92814, 92815, 92816, 92817, 92825, 92850, 92899, Atwood, 92811, Brea, 92821, 92822,92823, Buena Park, 90620 ,90621,90622, 90624, Capistrano Beach, 92624, Corona del Mar, 92625, Costa Mesa, 92626, 92627, 92628, Cypress, 90630, Dana Point, 92629, East Irvine, 92650, El Toro, 92609, Foothill Ranch, 92610, Fountain Valley, 92708, 92728, Fullerton, 92831, 92832, 92833, 92834, 92835, 92836, 92837, 92838, Garden Grove, 92840, 92841, 92842, 92843 ,92844, 92845, 92846, Huntington Beach , 92605, 92615, 92646, 92647, 92648, 92649, Irvine, 92602, 92603, 92604, 92606, 92612, 92614, 92616, 92617, 92618, 92619, 92620, 92623, 92697, La Habra, 90631, 90632, 90633, La Palma, 90623, Ladera Ranch, 92694, Laguna Beach , 92651, 92652, Laguna Hills ,92653, 92654,92607,92677, Laguna Woods, 92637,Lake Forest, 92630, Los Alamitos, 90720, 90721, Midway City, 92655, Mission Viejo, 92690, 92691, 92692,Newport Beach , 92658, 92659, 92660, 92661, 92662, 92663, 92657, Orange, 92856, 92857, 92859, 92862, 92863, 92864, 92865, 92866, 92867, 92868, 92869, Placentia, 92870, 92871, Rancho Santa Margarita 92688, San Clemente, 92672, 92673, 92674, San Juan Capistrano, 92675, 92693, Santa Ana , 92701, 92702, 92703, 92704, 92705 ,92706, 92707, 92711, 92712, 92725.92735, 92799, Seal Beach , 90740, Silverado 92676, Stanton, 90680, Sunset Beach 90742, Surfside 90743, Trabuco Canyon, 92678, 92679, Tustin ,92780, 92781,92782, Villa Park, 92861, Westminster, 92683, 92684, 92685, Yorba Linda, 92885, 92886, 92887, * Coto de Caza * Cowan Heights * El Modena * Emerald Bay * Ladera Ranch * Lemon Heights * Midway City * Modjeska Canyon * Orange Park Acres * Rancho Mission Viejo * Red Hill * Rossmoor * Silverado Canyon * Sunset Beach * Surfside * Trabuco Canyon * Tustin Foothills WE SERVE SAN DIEGO IN THE FOLLOWING CITIES AND ZIPCODES: Alpine, 91903, 91901, Boulevard, 91905, Campo, 91906, Bonita, 91908, 91902, Chula Vista, 91921, 91909, 91910, 91911, 91912, 91913, 91914, 91915, Descanso, 91916, Dulzura, 91917,Guatay, 91931, Imperial Beach, 91932, 91933, Jacumba, 91934, Jamul, 91935, La Mesa, 91941, 91942, 91943, 91944, 91941, Lemon Grove, 91945, 91946, Lincoln Acres, 91947, Mount Laguna, 91948, National City, 91951, 91950, Pine Valley, 91962, Potrero, 91963, Spring Valley, 91977, 91978, 91979, 91976, 91980,Tecate, 91980, 91987, Bonsall, 92003, Borrego Springs, 92004, Cardiff By The Sea, 92007, Del Mar, 92014, Carlsbad, 92018, 92013, 92011, 92010, 92009, 92008, Coronado, 92178,92118, Encinitas, 92024, 92023, Julian, 92036, Lakeside, 92040, 92046 Escondido, 92046, 92033, 92030, 92029, 92027, 92026, 92025, Camp Pendelton, 92055, Oceanside, 92057, 92056, 92058, 92051, 92052, 92054, 92049, Pala, 92059, Palomar Mountain, 92060, Pauma Valley, 92061, Ramona, 92065,Ranchita, 92066, San Louis Rey, 92068, Santa Ysabel, 92070, Santee, 92072, 92071, Poway, 92074, 92064, Solana Beach, 92075, Valley Center, 92082, Vista, 92084, 92083, 92085, 92081,Warner Springs, 92086, Fallbrook, 92088, 92028, El Cajon, 92090, 92019, 92020, 92021, 92022, Rancho Santa Fe, 92091, 92067, 92092 La Jolla, 92092, 92093, 92037, 92038, 92039, San Marcos, 92096, 92079, 92078, 92069, San Diego, 92101, 92102, 92103, 92104, 92105, 92106, 92107, 92108, 92109, 92110, 92111, 92112, 92113, 92114, 92115, 92116, 92117, 92119, 92120, 92121, 92122, 92123, 92124, 92126, 92127, 92128, 92129, 92130, 92131, 92132, 92134, 92135, 92136, 92137, 92138, 92139, 92140, 92142, 92145, 92147, 92149, 92150, 92152, 92153, 92154, 92155, 92158, 92159, 92160, 92161, 92162, 92163, 92164, 92165, 92166, 92167, 92168, 92169, 92170, 92171, 92172, 92174, 92175, 92176, 92177, 92179, 92182, 92184, 92186, 92187, 92190, 92191, 92192, 92193, 92194, 92195, 92196, 92197, 92198, 92199 92173, San Ysirdo, 92173, 92143, * 4S Ranch * Agua Caliente Springs * Alpine * Barrett * Blossom Valley * Bonita * Bonsall * Borrego Springs * Bostonia * Boulevard * Calexico Lodge * Camp Pendleton North * Camp Pendleton South * Campo * Canebrake * Casa de Oro-Mount Helix * Crest * Cuyamaca * Dehesa * De Luz * Descanso * Dulzura * Eucalyptus Hills * Fairbanks Ranch * Fallbrook * Fernbrook * Flinn Springs * Granite Hills * Guatay * Harbison Canyon * Hidden Meadows * Jacumba * Jamul * Julian * La Presa * Lake Morena * Lake San Marcos * Lakeside * Lincoln Acres * Live Oak Springs * Manzanita (Feature 245461 in Geographic Names Information System database) * Mount Laguna * Pine Hills * Pine Valley * Potrero * Pueblo Siding * Rainbow * Ramona * Ranchita * Rancho San Diego * Rancho Santa Fe * San Diego Country Estates * San Elijo Hills * Santa Ysabel * Shelter Valley * Spring Valley * Tecate * Tierra del Sol * Valley Center * Vallecitos * Warner Springs * Winter Gardens WE SERVE LOS ANGELES IN THE FOLLOWING CITIES AND ZIPCODES: Acton, 93510, Agoura 91301, Agua Dulce, Saugus, 91350, Airport Worldway, 90009, Alhambra, 91801, 91803, Altadena, 91001, Arcadia, 91006, 91007, ARCO Towers, 90071, Arleta, 91331, Artesia, 90680, Athens, 90044, Atwater Village, 90039, Avalon, 90704, Azusa, 91702, Baldwin Hills, 90008, Baldwin Park, 91706, Bassett, 91746, Bel Air Estates, 90049, 90077, Bell, 90201, Bell Gardens, 90201, Bellflower, 90706, Beverly Glen, 90077, 90210, Beverly Hills, 90210, 90212, Boyle Heights, 90033, Bradbury, 91010, Brentwood, 90049, Burbank, 91501, 91502, 91506, 91523 Burbank, 91504, 91510, Calabasas, 91302, 91372, Canoga Park, 91303, 91304, Canyon Country, 91351, Carson, 90745, 90746, 90747, 90810, Castaic, 91310, 91384, Castellemare, 90272, Century City, 90067, Cerritos, 90701, Chatsworth, 91311, Cheviot Hills, 90064, Chinatown, 90012, City Terrace, 90063, Civic Center, 90012, Claremont, 91711, Commerce, 90040, Compton, 90220, 90222, Country Club Park, 90019, Covina, 91722, 91724, Crenshaw, 90008, Cudahy, 90201, Culver City, 90230, 90232, Cypress Park, 90065, Diamond Bar, 91765, 91789, Dominguez Hills, 90747, Downey, 90240, 90242, Downtown Los Angeles, 90013, 90015, 90017, 90021, Eagle Rock, 90041, East Los Angeles, 90022, 90023, East Rancho Dominguez, 90221, Echo Park, 90026, Edwards AFB, 93523, El Monte, 91731, 91732, El Segundo, 90245, El Sereno, 90032, Elizabeth Lake, 93532, Encino, 91316, 91436, Florence 90001, Gardena, 90247, 90249, Glassell Park, 90065, Glendale, 91201, 91208, Glendora, 91740, 91741, Glenoaks, 91504, Granada Hills, 91344, Griffith Park, 90027, Hacienda Heights, 91745, Hancock Park, 90004, 90020, Harbor City, 90710, Hawaiian Gardens, 90716, Hawthorne, 90250, Hermosa Beach, 90254, Hi Vista, 93535, Hidden Hills, 91302, Highland Park, 90042, Hollywood, 90028, 90029, 90038, 90068, Huntington Park, 90255, Hyde Park, 90043, City of Industry,91744, 91746, 91789, Inglewood, 90301, 90303, 90305, Irwindale, 91706, Jefferson Park, 90018, Juniper Hills, 93543, Koreatown, 90005, La Canada-Flintridge, 91011, La Crescenta, 91214, La Habra Heights, 90631, La Mirada, 90638, La Mirada, 90639, La Puente, 91744, 91746, 91745, 91748, La Verne, 91750, Ladera Heights, 90056, Lake Hughes, 93532, Lake Los Angeles, 93550, 93591, Lake View Terrace, 91342, Lakewood, 90712, 90713, 90715, Lancaster, 93534, 93536, Lawndale, 90260, Lawndale, 90261, LAX Area, 90045, Leimert Park, 90008, Lennox 90304, Littlerock , 93543, Llano, 93544, Lomita, 90717, Long Beach, 90802, 90803, 90804, 90805, 90806, 90807, 90808, 90813, 90814, 90815, 90822, Los Feliz, 90027, Los Nietos, 90606, Lynwood, 90262, Malibu, 90265, Manhattan Beach, 90266, Mar Vista, 90066, Marina del Rey, 90292, Maywood, 90270, McDonnell Douglas, 90846, Mid City, 90019, Mission Hills, 91345, Monrovia, 91016, Montebello, 90640, Montecito Heights, 90031, Monterey Hills, 90032, Monterey Park 91754, 91755, 91756, Montrose, 91020, Mount Olympus, 90046, Mount Wilson, 91023, Mt. Washington , 90065, Newhall, 91321, North Hills, 91343, North Hollywood, 91601, 91602, 91604, 91605, 91606, 91607, North Long Beach, 90805, Northridge, 91324, 91325, Northridge, 91330, Norwalk, 90650, Oak Park, 91301, Pacific Highlands, 90272, Pacific Palisades, 90272 Pacoima, 91331, Palmdale 93550, 93551, 93552, 93591, Palms, 90034, Palos Verdes Estates, 90274, Panorama City, 91402, Paramount, 90723, Park La Brea, 90036, Pasadena, 91101, 91102, 91103, 91104, 91105, 91106, 91107, Pasadena, 91125, 91126, Pearblossom, 93553, Phillips Ranch, 91766, Pico Heights (City of LA) 90006, Pico Rivera, 90660, Playa del Rey, 90293, Playa Vista, 90094, Pomona, 91766, 91767, 91768, Porter Ranch, 91326 Quartz Hill, 93536, Rancho Dominguez, 90220, Rancho Palos Verdes, 90275, 90717, 90732, Rancho Park, 90064, Redondo Beach, 90277, 90278, Reseda, 91335, Rolling Hills, 90274, Rolling Hills Estates, 90274, Rosemead, 91770, Rosewood, 90222, Rowland Heights, 91748, San Dimas, 91773, San Fernando, 91340, San Gabriel, 91775, 91776, San Marino, 91108, San Pedro, 90731, 90732, 90733, Santa Clarita, 91351, 91321, Santa Clarita, 91354, 91355, Santa Fe Springs, 90670, Santa Monica 90401, 90402, 90403, 90404, 90405, Saugus, Agua Dulce, 91350, Sawtelle, 90025, Shadow Hills, 91040, Sherman Oaks, 91403, 91423, Sierra Madre 91024, Signal Hill, 90755, Silverlake, 90026, South Central, 90001, 90003, 90007, 90011, 90037, 90047, 90061, 90062, South El Monte, 91733, South Gate, 90280, South Pasadena, 91030, South Whittier, 90605, Stevenson Ranch 91381, Studio City 91604, Sun Valley 91352, Sunland 91040, Sylmar 91342, Tarzana 91356, Temple City 91780, Terminal Island 90731, Toluca Lake, 91602, Topanga 90290, Torrance 90501, 90502, 90503 90504, 90505, 90506, 90277, 90278, Tropico 91204, 91205, Tujunga 91042, Universal City 91608, USC 90089, Valencia 91354, 91355, Valinda 91744, Valley Village 91607, Valyermo 93563, Van Nuys 91401, 91402, 91403, 91405, 91406, 91411, 91423, Venice 90291, Verdugo City 91046, Vernon 90058, View Park 90043, Walnut 91789, Walnut Park 90255, Watts 90002, 90059, West Adams 90016, West Beverly 90048, West Covina 91790, 91791, 91792, 91793, West Fairfax 90035, West Hills 91307, West Hollywood 90069, West Los Angeles 90025, Westchester 90045, Westlake 90057, Westlake Village 91361, 91362, Westwood 90024, Whittier 90601, 90602, 90603, 90604, 90605, Whittier 90608, Willowbrook 90059, 90222, Wilmington 90744, Wilshire Blvd 90010, Windsor Hills 90043, Winnetka 91306, Woodbury Univ. 91510, Woodland Hills 91364, 91367, World Trade Center 90831, 90832, Los Angeles, 90001, 90002, 90003, 90004, 90005, 90006, 90007, 90008, 90009, 90010, 90011, 90012, 90013, 90014, 90015, 90016, 90017, 90018, 90019, 90020, 90021, 90022, 90023, 90024, 90025, 90026, 90027, 90028, 90029, 90030, 90031, 90032, 90033, 90034, 90035, 90036, 90037, 90038, 90039, 90040, 90041, 90042, 90043, 90044, 90045, 90046, 90047, 90048, 90049, 90050, 90051, 90052, 90053, 90054, 90055, 90056, 90057, 90058, 90059, 90060, 90061, 90062, 90063, 90064, 90065, 90066, 90067, 90068, 90069, 90070, 90071, 90072, 90073, 90074, 90075, 90076, 90077, 90078, 90079, 90080, 90081, 90082, 90083, 90084, 90086, 90087, 90088, 90089, 90091, 90093, 90094, 90095, 90096, 90097, 90099, 90101, 90102, 90103, 90174, 90185, 90189, 91331, 91335, * Acton * Agoura * Agua Dulce * Alondra Park * Altadena * Antelope Acres * Athens * Avocado Heights * Baldwin Hills * Bassett * Big Mountain Ridge * Big Pines * Big Rock * Bouquet Canyon * Castaic * Castaic Junction * Charter Oak * Citrus * Cornell * Del Aire * Del Sur * Del Valle * Desert View Highlands * East Compton * East La Mirada * East Los Angeles * East Pasadena * East San Gabriel * Florence-Graham * Gorman * Hacienda Heights * Juniper Hills * Kinneloa Mesa * La Crescenta-Montrose * Ladera Heights * Lake Hughes * Lake Los Angeles * Lennox * Leona Valley * Littlerock * Llano * Marina del Rey * Mayflower Village * North El Monte * Pearblossom * Quartz Hill * Rowland Heights * South San Gabriel * South San Jose Hills * South Whittier * Stevenson Ranch * Topanga * Val Verde * Valinda * Valyermo * View Park-Windsor Hills * Vincent * Walnut Park * West Athens * West Carson * West Compton * West Puente Valley * West Whittier-Los Nietos * Westmont * Willowbrook WE SERVE RIVERSIDE IN THE FOLLOWING CITIES AND ZIPCODES: Banning, 92220, Beaumont, 92223, Blythe, 92225, 92226, 92280, Calimesa, 92320, Canyon Lake, 92587, Cathedral City, 92234, 92235, Corona, 92877, 92878, 92879, 92880, 92881, 92882, 92883, Coachella, 92236, Desert Hot Springs, 92240, 92241, Hemet, 92543, 92544, 92545, 92546, Indian Wells, 92210, Indio, 92201, 92202, 92203, Lake Elsinore, 92530, 92531, 92532, La Quinta, 92253, Menifee, 92584, Moreno Valley, 92551, 92552, 92553, 92554, 92555, 92556, 92557, Murrieta, 92562, 92563, 92564, Norco, 92860, Palm Desert, 92210, 92211, 92255, 92260, 92261, Palm Springs, 92262, 92263, 92264, 92292, Perris, 92570, 92571, 92572, 92599, Rancho Mirage, 92270, Riverside, 92501, 92502, 92503, 92504, 92505, 92506, 92507, 92508, 92509, 92513, 92514, 92515, 92516, 92517, 92518, 92519, 92521, 92522, San Jacinto, 92581, 92582, 92583, Temecula, 92589, 92590, 92591, 92592, 92593, Wildomar, 92595, Aguanga, Anza, Bermuda Dunes, Cabazon, Cherry Valley, Chiriaco Summit, De Luz, Desert Beach, Desert Center, East Blythe, Eagle Mountain, Eagle Valley, East Hemet, El Cerrito, Glen Avon, Highgrove, Home Gardens, Homeland, Idyllwild, Lake Tamarisk, Lakeland Village, Lakeview, Lost Lake, Mead Valley, Mecca, Midland, Mira Loma, Mountain Center, Murrieta Hot Springs, North Shore, Nuevo, Pedley, Pine Cove, Quail Valley, Ripley, Reinhardt Canyon, Romoland, Rubidoux, Sedco Hills, Sky Valley, Sun City, Sunnyslope, Thermal, Thousand Palms, Valle Vista, Wincheste , Woodcrest WE SERVE SAN BERNARDINO IN THE FOLLOWING CITIES AND ZIPCODES: Adelanto, 92301, Apple Valley, 92307, 92308, Barstow, 92310, 92311, 92312, Big Bear Lake, 92315, Chino, 91708, 91710, Chino Hills, 91709, Colton, 92313, 92324, Fontana, 92334, 92335, 92336, 92337, Grand Terrace, 92313, 92324, Hesperia, 92340, 92345, Highland, 92346, Loma Linda, 92350, 92354, 92357, Montclair, 91763, Needles, 92363, Ontario, 91758, 91761, 91762, 91764, 91798, Rancho Cucamonga 91701, 91729, 91730, 91737, 91739, Redlands, 92373, 92374, 92375, Rialto, 92376, 92377, San Bernardino, 92401, 92402, 92403, 92404, 92405, 92406, 92407, 92408, 92410, 92411, 92412, 92413, 92414, 92415, 92418, 92420, 92423, 92424, 92427, Twentynine Palms, 92277, 92278, Upland, 91784, 91785, 91786, Victorville, 92392, 92393, 92394, Yucaipa, 92399, Yucca Valley, 92284, 92285, 92286, CALIFORNIA ARBITRATION MEDIATION ATTORNEY, ORANGE COUNTY, SAN DIEGO, LOS ANGELES, MEDIATOR, ARBITRATION SERVICES, Riverside County, San Bernardino County, business contract resolution, real estate transaction disputes, marriage disputes, distribution of personal property in a dispute, settlements instead of lawsuit, mediation services, arbitration 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