Rayden Solicitors’ Post

California has a new law regulating #mediators and #arbitrators. Yesterday, California Governor signed Senate Bill 940 into law. SB 940 includes an amendment to the California Arbitration Act and a certification process for arbitrators, mediators, and other non-judicial ADR providers – individuals and firms, attorneys and those from other backgrounds. The bill was introduced in response to an article published last year about former attorney Tom Girardi, who stole millions from his clients, along with allegations involving some “rogue mediators.” The sad part is that the purported “rogue mediators” were neither rogues nor acting as mediators when they engaged in the activities cited by the article. They were three retired judges, retained as Special Masters/Court Appointed Neutrals as mass tort settlement administrators. However, the article irresponsibly mixed-up the roles of mediator, arbitrator, and court-appointed special masters, and then, unfairly insinuated that all #ADR neutrals are insufficiently regulated. The article categorized all these roles as "private judges.” One of the retired judges referenced in the article wanted to set the record straight and explained that he was appointed as a Special Master and his tasks were the "oversight of all aspects of the settlement process and review of the allocation process.” As a Special Master, he adhered to standard tort settlement procedures: ▶ The "allocation," whether from a jury award, settlement, or value set by a Settlement Master, is a gross sum paid to the plaintiff's attorney and deposited into their trust account. ▶ The attorney then deducts his/her fees, case costs, and in most personal injury case, lien obligations, with the remaining amount being the "distribution”. Girardi’s alleged misconduct occurred after settlement funds were deposited into his trust account, where he misused them for personal purposes. However, neither the Trial Judge nor the Special Master were intended to be monitors of an attorney’s trust account. In consequence, the events surrounding Girardi's malfeasance had nothing to do with mediation, arbitration or with a special master doing something wrong. But here we are with a new law regulating mediators and arbitrators: https://lnkd.in/gPzrCic2 What are your thoughts? #Mediators #Arbitrators #CourtAppointedNeutrals

Distinguishing variousprocesses of dispute resolution is so important:

One of the benefits of having disputes decided via arbitration rather than litigating in court is that the parties can customize the process in a way that works for them. For example, arbitration has the ability to defy geographic limitations in a way that I and many of my clients have found useful. If a company in Florida has a dispute with another company from Texas and they don't want to waste time and money battling over jurisdiction, or a divorcing couple in California prefers to submit certain issues related to their divorce to a Beth Din in New York with specialized knowledge relevant to their case, an arbitration agreement can give them the flexibility to do so regardless of their location. The borderless nature of arbitration has allowed me to help clients from outside the states where I am admitted to practice (New York and New Jersey) when their disputes bring them before a local arbitration panel, or even one that is physically far away but where my expertise can be helpful. The new era of using Zoom and other virtual platforms for legal proceedings, ushered in by the Covid 19 pandemic, has further expanded the role of arbitration conducted remotely and made it easier than ever for parties to select the forum that is right for them even when they cannot be there in person. By widening the scope of potential forums for dispute resolution, both when drafting an arbitration clause in an initial agreement or when faced with a live dispute, parties can better pick and choose the forum that best meets their needs. #arbitration #litigation

When trust disputes arise, choosing the right approach is critical. Whether through mediation, arbitration, or even court intervention, there are structured steps to resolving contentious trusts. Ocorian’s latest article explores these key strategies and how they can help.

What is the family law arbitration process? In family law, arbitration parties appear before an independent expert (generally a barrister or lawyer) who acts as a judge and, after reviewing the matter, makes a binding decision about the issues. This is an out-of-court dispute resolution process that lets you get a final decision without having to go to Family Court. In many ways, you can think of this as a substitution for court.   There are two types of arbitration: ➡️ Court ordered –  These arbitrations are also known as s13E arbitrations and deal with Part VIII proceedings (dealing with spousal maintenance or the property of parties to a marriage) or Part VIIIAB proceedings (dealing with de facto partners), only. ➡️ Private arbitrations –  These cover a broad area of disputes such as superannuation interests, spousal maintenance and determining whether there is a de facto relationship in place, among others. In both cases, however, the process is essentially the same. 👉🏽 First, one party sends the other a request for arbitration (or the court may order arbitration). 👉🏽 Second, the parties then agree upon arbitration, and an arbitrator. 👉🏽 Third, both parties (and/or their legal representatives) have a preliminary meeting. Here they lay out the issues that they want to discuss and agree upon for the arbitrator. 👉🏽 Fourth, the issues and other elements of arbitration are then set out in an arbitration agreement. Find out more in our informative blog https://lnkd.in/e9fMRqp8 #arbitration #legaladvice #familylaw #courtorders

🚫 Are you aware of the various ways to resolve disputes without going to court? The updated Family Procedure Rules have broadened the scope of Non-Court Dispute Resolution (NCDR) methods. Mediation, arbitration, neutral third-party evaluation, and collaborative law are all effective options that promote amicable solutions. At E J Coombs Solicitors, we're committed to helping you navigate these alternatives for a less adversarial resolution. Read our latest blog, and learn more about your options below!

This week, I thought we could focus on preparation! Family arbitration is a decision making process. A Family Arbitrator will review evidence and submissions, and listen to the views and arguments presented by each party. It is imperative that everyone prepares fully in order to achieve the best outcomes. Preparation means: Gathering all necessary documentation, including financial records, communication history, and any relevant agreements, and understanding the facts and issues which need to be considered. It is essential to approach the process with a clear understanding of goals and expectations to facilitate a smoother resolution. Consulting with legal professionals can provide valuable guidance and ensure all aspects are considered. Lawyers play a crucial role in preparing their clients for family arbitration by providing legal guidance, clarifying the arbitration process, and ensuring all necessary documents are in order. They help clients understand their rights, obligations, and potential outcomes, empowering them to make informed decisions during the arbitration process. Successful outcomes in family arbitration are often a result of diligent preparation. Preparing fully enables the parties to anticipate obstacles, devise effective strategies, and secure the best possible solutions. In the realm of family matters, preparation is not just beneficial, it's vital. Drop me a message if you feel you or your clients might want to explore using #FamilyArbitration. #FamilyArbitrationFriday See more about me here: https://buff.ly/3JVBVH3

Learn how to handle LLC disputes efficiently and cost-effectively. This article looks into the roles of mediation and arbitration in resolving conflicts within LLCs. Discover faster, cheaper, and more confidential alternatives to lawsuits. Check it out here: https://lnkd.in/dk-cUEgU

Learn more about how arbitration could be a beneficial for you! Check out Attorney Sabrina Frenette's new blog. https://buff.ly/3H4MxSq #ModernLegalNC #newblog #attorney #arbitration #familylaw #mecklenburgcounty #court

As of today, new changes brought in by the Family Procedure (Amendments No 2) Rules come into effect which put the focus firmly on Non Court Dispute Resolution (NCDR). The new rules do not make mediation or other NCDR mandatory, however the court has a much firmer expectation on parties to explore this. The court will be able to use the timetabling of proceedings (for example, adjourning a hearing) to encourage NCDR and will also be able to consider a party's failure to attend a Mediation Information Assessment Meeting or engage in NCDR as a matter of conduct when determining costs orders. The obligation on parties to consider NCDR will continue throughout proceedings, with parties obliged to complete court form FM5 at least 7 working days before any hearing confirming whether or not they have engaged with a form of NCDR and if they have, why a court order is now sought. I certainly hope the renewed focus on NCDR will help focus parties’ (and lawyers') minds on non court routes, of which there are many, including mediation, collaborative law, early neutral evaluations and arbitration. I'm really proud to work in a team like Family | Kingsley Napley who have such a strong reputation with regards to NCDR. Sometimes, court is necessary but it is not always appropriate and nor is it for the faint hearted, and clients should be fully informed about all options available to them to resolve any disputes arising on their separation before taking that step. https://lnkd.in/evYVDzk3 #mediation, #collaborativelaw, #ncdr #arbitration #familylaw #separation