CDRC BOARD MEETING
|
|
|
|
|
Call to Order. Attending 1/25: Don Fobian, Karen Smith, John Horn, Gary Weiner, Mike Powell, Jennifer Bullock, Candace Matson, Gerry Phillips, Paul Dubow, Steve Sauer, Brohne Lawhorne, Richard Chernick, Maury Zilber, Urs Laeuchli, Donne Brownsey, Steve Dinkin, Ron Rosenfeld, Tom Reese, Carl Ingwalson, Fred Glassman, Ivan Stevenson, Jim Madison. Absent: Peter Robinson, Mark Roy, Elizabeth Strickland. |
|
Motion: Action: |
Richard Chernick: Accept October Minutes. 2nd the Motion: Steve Sauer. All in favor. Brohne Lawhorne updated the registration form to include language to automatically renew credit card debits. Renewal letter to members needs updated language to advise of automatic membership renewal. |
|
Action: Motion: |
Treasurer’s Report/ Maury Zilber Have 3.5 months in reserve, need to increase membership. Board members need to pay dues. Report Approved: Gary Weiner 2nd the Motion: Karen Smith |
|
Motion: Motion: |
Board Meetings / Paul Dubow Suggest experiment of having one day meeting in Try one day meeting in 2nd the Motion: Don Fobian. 9 in favor, 5 not in favor, 5 abstentions. Discussion ensued of which day to hold single day meeting. 8 in favor of Saturday, 7 in favor of Friday, 4 absentions. |
|
Motion: Action: |
Training Standards / Paul Dubow Proposed alternatives of inviting trainers to post training programs on web site or not do anything. Suggestions presented to have only members allow programs on web site with disclaimer re. CDRC’s endorsement, or we filter programs, or offer guidelines rather than stringent rules. Should CDRC have training guidelines? 13 opposed, 2 in favor, 4 abstentions. Should CDRC promote training guidelines? 12 in favor, 4 opposed, 3 abstentions. CDRC invite submission of training guidelines or methodologies to post on web site as resource to members as examples of established and/or effective mediation courses: Richard Chernick. 2nd the Motion: Carl Ingwalson. 15 in favor, 2 opposed, 2 abstentions. Steve Dinkin to prepare mailing to members at large to solicit training. |
|
Motion: |
Committee Assignments / Paul Dubow Eliminate legislative committee and replace with separate arbitration and mediation committees: Carl Ingwalson. 2nd the motion: Richard Chernick. All in favor. |
|
Action: |
Senate Bill 1782 / Paul Dubow “Arbitration fairness act” to eliminate pre-dispute resolution agreements. CDRC opposes, proposed opt-out provision. Paul Dubow to submit letter to ABA DR Journal editor for publication. |
|
Action: |
CCP 1775 / Gerry Phillips Proposed bill by Beverly Hills Bar for mediators in court-annexed mediations in Poll taken of who favors that parties not required to pay in limited jurisdiction, court ordered mediation: In favor: 15, Opposed: 3, Abstention: 1. Poll taken of who is in favor of mediators being paid in $25k to $50k cases, regardless of ability to pay, in court ordered mediation. All in favor. Poll taken of who is in favor of courts mandating mediation in cases of more than $50k: In favor: 3, Opposed 15, Abstentions: 1. CDRC to represent at stakeholders mediation, possibly Gerry Phillips and John Horn. |
|
|
Legislation / Donne Brownsey AB644: CDRC opposed, bill dead. AB567: CDRC opposed, bill has been rewritten to exclude impact on ADR professionals SB389: Dead SB981: CDRC watching, 2 year bill, is under review. SB1120: CDRC watching. DRPA bill: Challenges include sponsor running for another office, changes in staff, and court budget decrease. |
|
|
Annual Conference / Karen Smith To try to institutionalize name and bring in more topics. Suggested to sell space at conference binder, include substance abuse, elimination of bias, ethics as draw for attorneys. |
|
|
Public Policy Report /Jim Madison Two requests for amicus briefs were rejected. We are awaiting the Supreme Court decision in Simmons v Ghaderi . |
|
Motion: |
Adjournment Motion to adjourn: Karen Smith 2nd the Motion: Candace Matson. All in favor. |
|
|
|
|
|
Minutes taken by Don Fobian. |
|
Action: |
Orange A letter will be sent to the appropriate persons at the Orange County Superior Court, stating that the new qualifications for OCSC mediators that would exclude all non-attorneys is inconsistent with CDRC's policy which specifies that no professional license be incorporated to exclude mediators from practice. Ivan Stevenson will provide Jim Madison with the details and the deadlines and Jim will draft a letter for Paul Dubow to send. |
|
Action: |
Membership Paul Dubow will draft a letter to send to prospective members and distribute it to all board members. Paul will also ask Amy Johnsgard to supply lists of members and former members to each board member, who will then send their own copy of the draft and/or make a call to increase membership. John Horn joined membership committee. |
|
Action: |
Website Hits are increasing 2007 – 1202 per week, 174 per day 2006 – 1084 per week, 155 per day 2005 - 807 per week, 115 per day The length of the visit is decreasing, which may be attributable to the ease of its use since so much has been added recently. 90% of hits are from going directly to our site, 6% of the hits are through "Google", 4% are from other sources. Carl agreed to provide Beth with up-to-date summaries of cases to post on the website. Additional tasks to complete are a members-only section on the website, a directory with links for practitioners, list and post all amicus briefs, list all legislative bills we are involved with, list all members of task force committees. |
|
Action: |
Collaborative Law Fred Glassman provided an overview of the proposed Uniform Collaborative Law Act, currently under consideration by a drafting committee of the National Conference of Commissioners on Uniform State Laws (”NCCUSL”)His article in California Family Monthly willbe posted on the website. Any board member wanting a hard copy of the article should contact Fred via email . He will also distribute to board members an ethics opinion on collaborative law issued by the American Bar Association and the next draft of the uniform act prepared by the NCCUSL drafting committee which is due out in late February. |
|
|
AOC Jen Bullock indicated that the AOC working committee on DRPA fee revision will be sending out a report probably next month for comments and that there will be discussion groups around the state, with AOC staff attending. It was suggested that CDRC should sponsor or co-sponsor these discussions. |
|
|
|
|
|
Respectfully submitted: Karen Smith, Secretary Next meeting: May 18 and 19, 2008 (Sacramento) 2008 Board Meeting Schedule: January 25, 26 - San Diego May 18, 19 – Sacramento July 18, 19 – San Jose October 24 – Annual Conference, Los Angeles October 25 – Los Angeles |