Mediation.
Generally, we have little to say on our ADR blog about mediation, because key issues, such as the scope of confidentiality, are settled law. But there is a noteworthy Senate Bill, SB 1141 which, when it passes through all legislative hoops, will impact mediation. Currently, the superior courts cannot order a matter to mediation if the amount in controversy exceeds $50,000. SB 1141, which passed in the Senate Judiciary Committee 11-0, would raise the amount in controversy to $150,000.
Shout-out to Ellie Vilendrer, an Orange County ADR neutral and state and federal court panel mediator, who has been a forceful proponent of this legislation.
Arbitration.
AB 1903 will be a welcome addition to the arbitration framework in international commercial disputes. The current framework provides that arbitration agreements can be found in various written agreements. The proposed legislation provides an arbitration agreement can be contained in an exchange of electronic mail or in an electronic communication if the information contained is accessible so as to be usable for subsequent reference. Additionally, the bill clarifies the meaning interim measures of protection that an arbitral tribunal can issue before a final award. AB 1903, which has passed the Assembly and the Senate, awaits the Governor's signature.
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