Los Angeles Superior Court Shutters ADR Program.
Randy Drew reports on mediate.com.
Not only are we losing civil judicial resources throughout the state, making it harder each day to get papers filed, to get a hearing date, or to get a courtroom for trial, the LA Superior Court is getting rid of its ADR Program, which provides efficient and inexpensive mediation services to civil litigants to ease the burden of overwhelming caseloads.
This is a sad development.
Second District Establishes Bright-Line Rule for Disclosure of ADR Affiliation.
An attorney who joined an ADR firm while representing a party in an arbitration conducted by the same firm needed to disclose to all parties in the arbitration. Failure to do so resulted in the vacation of a favorable award after a nine-day arbitration hearing.
When evaluating potential conflicts of interest, there may be situations where disclosure is not technically required. Disclose anyway. This attorney will face a malpractice claim from a disgruntled client who incurred sizable costs and fees to prepare for and to participate in a lengthy arbitration hearing, will have to incur them again, and may not get the same result the second time around.