CDRC BOARD MEETING
JANUARY 26 & 27, 2007
Call to Order.
Attending 1/26: Dick Bayer, Don Fobian, John Blackman, Karen Smith, Elizabeth Strickland, Urs Laeuchli, Gary Weiner, John Horn, Mike Powell, Mickey Katz, Carl Ingwalson, Donne Brownsey, Jennifer Bullock, Tom Reese, Ron Rosenfeld, Jim Madison, Brohne Lawhorne, Candace Matson, Gerry Phillips, Paul Dubow, Mark Roy, Amy Johnsgard, Steve Dinkin.
Absent: Peter Robinson, Richard Chernick, Steve Sauer, Maury Zilber.
Motion:
Elizabeth Strickland: Accept October Minutes.
2nd the Motion: Dick Bayer. All in favor.
Treasurer’s Report/ Don Fobian
Motion:
Approve Treasurers Report: Gary Weiner.
2nd the Motion: Mickey Katz. All in favor.
New Member Orientation / Jim Madison
Motion:
Accept Beth Strickland and Richard Chernick: Mickey Katz
2nd the Motion: Carl Ingwalson. All in favor.
Board Committee Chairs / Don Fobian
Legislation: Michelle Katz
Arbitration Legislation: Paul Dubow
Mediation Legislation: Carl Ingwalson
Public Policy: Jim Madison
Membership: Gerry Phillips
Bylaws: Maury Zilber
Education / Public Speaking: Karen Smith (SoCal) and Gary Weiner (NoCal)
Principals and Standards: John Blackman
Annual Conference: Paul Dubow. Vice Chair: Karen Smith
Nominating Committee: John Blackman
Communications: Elizabeth Strickland
Award Committee: Mickey Katz
Community Mediation: Jennifer Bullock
Action:
Committee Chairs to have list of members to Elizabeth Strickland no later than
Action:
Legislation Committee Chairs to have list of members to Donne Brownsey by
Membership Drive / Don Fobian
Reinvigorate monthly update to be e-mailed. John Horn, Karen Smith, Dick Bayer and Don Fobian to join Elizabeth Strickland’s communication committee.
Break
Legislative Report / Donne Brownsey
Has met with Judicial Council to discuss DRPA bill and proposal from Elizabeth Strickland to collaborate on a fee increase not to upset the uniform filing fees. Suggested we create education opportunity for Council to present positive ADR picture. CDRC to continue support of fee increase.
AB189: Collaborative Law. Need clarification of collaborative law as combined with cooperative law in this bill. Donne needs direction from CDRC regarding position. Collaborative Law committee to determine action on bill.
Website Report / Elizabeth Strickland
2006 averaging 300+ more hits per week than 2005. Website needs to be updated. Dick Bayer committed to rewrite mission statement with access to justice language on website, and provide available history to
E-mail Distribution / Carl Ingwalson
Important to be careful when replying and forwarding e-mails.
Public Policy / Jim Madison
State Bar ADR committee attempting to create legislation for mediation of elder abuse claims. Trust and Estates section of State Bar to work further on measure.
Kate Henden, Mediator in
Simmons v. Ghaderi amicus brief from CDRC to review ruling.
Motion:
Submit Amicus Curiae brief in support of mediation confidentiality: Jim Madison.
2nd the Motion: Dick Bayer. All in favor.
Jeld-Wen, Inc. v.
Motion:
CDRC not to file amicus brief in Gueyffier v. Ann Summers: Jim Madison
2nd the Motion: Mickey Katz. All in favor.
Training Standards / Steve Dinkin
To send out final draft of training standards for review via e-mail. Board to comment and possibly approve at next board meeting.
Motion to Adjourn: Karen Smith
2nd the Motion: Elizabeth Strickland.
Call to Order.
Attending 1/27: Dick Bayer, Don Fobian, John Blackman, Karen Smith, Elizabeth Strickland, Urs Laeuchli, Gary Weiner, John Horn, Mike Powell, Mickey Katz, Carl Ingwalson, Jennifer Bullock, Tom Reese, Ron Rosenfeld, Jim Madison, Brohne Lawhorne, Candace Matson, Gerry Phillips, Paul Dubow, Mark Roy.
Absent: Peter Robinson, Richard Chernick, Steve Sauer, Maury Zilber, Donne Brownsey, Steve Dinkin.
Judicial Counsel Oversight Committee / John Blackman
Working on draft of complaint procedures for standard court connected mediations. Counsel to meet again on January 31st to finalize process.
Membership Committee / Gerry Phillips
Received membership surge in January, mailing for membership was effective. Discussed using Constant Contact software to keep in touch with membership and spending more on administrative.
Membership Committee Chair Gerry Phillips; members Dick Bayer, John Blackman, Mickey Katz, Mike Powell, Urs Laeuchli, Gary Wiener, Mark Roy.
Motion:
Membership committee authorized to spend $4k for membership increasing methods.
2nd the Motion: Gary Weiner. All in favor.
Relationships with ADR Organizations / Gerry Phillips
Need for partnering with other organizations such as diversity bars and SCMA. Jan Schau discussed partnership with SCMA. Suggestions: Links on each others’ websites. Gary Weiner suggested presidents of adr organizations to meet annually.
Break
Facilitation / Alexis
Committee Assignments:
Legislation: Chair Michelle Katz. Members:
Arbitration Legislation: Chair Paul Dubow. Members: Carl Ingwalson, Richard Chernick, Url Laeuchli, Tom Reese, Steve Sauer, Paul Tayler, Maury Zilber.
Mediation Legislation: Chair Carl Ingwalson. Members:
Collaborative Law: Chair Mickey Katz. Members: Maury Zilber, Gary Weiner, Ron Rosenfeld.
Public Policy: Chair Jim Madison. Members: John Blackman, Paul Dubow, Mike Carbone, Gary Weiner.
Membership: Chair Gerry Phillips. Members: Dick Bayer, John Blackman, Mickey Katz, Mike Powell, Urs Laeuchli, Gary Wiener, Mark Roy, Brohne Lawhorne.
Bylaws: Chair Maury Zilber. Members:
Education / Public Speaking: Co-Chairs Karen Smith (SoCal) and Gary Weiner (NoCal). Members:
Principles and Standards: Chair John Blackman. Members: pending.
Annual Conference: Chair Paul Dubow, Vice Chair: Karen Smith. Members: Mike Powell, Gary Weiner, Mickey Katz, Candace Matson, John Horn.
Nominating Committee: Chair John Blackman. Members: pending.
Communications: Chair Elizabeth Strickland. Members: John Horn (initial format newsletter), Karen Smith (proofread and provide headers), Brohne Lawhorne (copy editing)
Award Committee: Chair Mickey Katz. Members: pending.
Community Mediation: Chair Jennifer Bullock. Members: pending.
Action:
Committee Chairs to provide committee protocol to Amy by
Amy to generate board manual.
Action:
Elizabeth Strickland to send out prior committee assignments. Committee Chairs to solicit members.
Action:
Don Fobian to confirm Sacramento dates with Donne Brownsey.
12:15pm
Motion: Adjournment
Gary Weiner. 2nd the Motion: Mike Powell
Respectfully Submitted:
January 31, 2007
Karen Smith, Secretary
CDRC BOARD MEETING
MAY 20 & 21, 2007
Present: Don Fobian, Carl Ingwalson, John Blackman, Gary Weiner, Mark Roy, Brohne Lawhorne, Mickey Katz, Maury Zilber, Ron Rosenfeld, Elizabeth Strickland, Paul Dubow, Tom Reese, Steve Dinkin, Jim Madison, Urs Laeuchli, Steve Sauer.
Treasurer’s Report – Maury Zilber
Board should plan on paying dues in October.
Budget: We are doing well in most categories and we are in relatively decent financial shape because of the gala and corporate sponsorship, but we still need to add new members.
Current bank balance is approximately $30,000.
Suggestion made to automate renewal of membership
Motion to accept, Beth Strickland. Second, Steve Sauer. Approved.
SB 396, Collaborative Law, other
Mediation Legislation – Carl Ingwalson
The board discussed the initiative proposed by Steve Kesten. Gary Weiner moved that Jim Madison contact Kesten and invite him to join CDRC and come to the conference in October. Steve Sauer, second. Approved.
Arbitration Legislation – Paul Dubow
Senator Sessions has introduced SB 1135, labeled the Fair Arbitration Act. CDRC should watch and await development.
Public Policy Committee Report – Jim Madison, John Blackman
Simmons vs. Ghaderi
Amicus brief filed and posted on web site.
Wimsatt vs. Superior Court
Ivan Stevenson, who had filed an amicus brief in support of the writ of mandamus position, was allowed to participate in the oral argument at the Second District. He was asked questions regarding confidentiality for 15 minutes.
Schatz vs. Allen Matkins Lett
Supreme Court accepted petition for review. John Blackman wrote letter in support of petition for review, personally.
Website Report – Elizabeth Strickland
Still getting 150 to 175 hits per day
Mid April big uptick in hits per week - 215 per day
Annual Meeting/Conference – Paul, Karen
To be held at Crowne Plaza Foster City, October 19
Four panels:
· Mediation Settlement Agreements - Fair v Bakhtiari
· Community Mediation
· Panel on Providers
· Collaborative law
AAA participants will be able to get educational credits.
Wayne Brazil to receive the Don Weckstein Award and deliver the keynote address.
JAMS, AAA, NAF, CCA are sponsors.
Karen Smith will mail “save the date” cards
Sponsorships, so far, amount to $6,000
Membership – Gerry Phillips
Mickey Katz and Ron Rosenfeld proposed sample letter to go to all ADR groups, county bar associations and providers.
We should have a data base that contains members’ contact information.
Mediator Training Guidelines – Steve Dinkin
Carl Ingwalson made a motion that the proposed Mediator training Standards be renamed as “Mediator Training Guidelines”, and that they be provisionally adopted. Don Fobian seconded. Approved.
Gary Weiner moved that they be posted on the website with a “request for comment” page and that the comments be submitted before the annual conference. Brohne Lawhorne seconded. Approved.
Best wishes and flowers will be sent to Liz O’Brien, former board member, past-president, Bob Barrett Award Winner and founder. “Get Well, Liz!”
Adjourn
Attending 5/21:Don Fobian, John Blackman, Karen Smith, Elizabeth Strickland, Urs Lauechli, Gary Weiner, Mickey Katz, Carl Ingwalson, Tom Reese, Ron Rosenfeld, Jim Madison, Brohne Lawhorne, Paul Dubow, Mark Roy, Steve Sauer, Maury Zilber, Donne Brownsey, Steve Dinkin.
Absent: Peter Robinson, Richard Chernick, John Horn, Mike Powell, Jennifer Bullock, Candace Matson, Gerry Phillips.
AB1248 (Evans) Amends civil court fees to give small counties a slight increase.
AB1659 (Lieber) Review needed by Mediation committee to ascertain if any policy concerns.
AB1726 (Jones) CDRC previously supported bill to provide court interpreters. CDRC is currently watching.
SB396 (Ridley-Thomas) CDRC supported increase in DRPA fees. Bill accomplished two things; 1) establishes commission on civil court fees to make recommendations to legislature on increases in fees, and 2) DRPA fees will be tied to any increase in filing fees subsequently removing any cap on fees.
Heather indicated working group on uniform complaint procedures in court-connected mediations is out for public comment (No. SPR 011). Another working group is seeking to establish quality standards for mediators. A rule out for comment (No. SPR 012) is to remove limit of one settlement conference for cases and to clearly distinguish between mediation and settlement conferences by not allowing mediator to serve as settlement officer and vice versa. Also out for comment (No. SPR 013) is a rule to provide filing and procedural guidelines for allowing the public to access to referee proceedings.
10:15 Senator Mark Ridley-Thomas, Author of SB 396, which he introduced. Bill Gage, Chief Consultant, Senate Committee on Business Professions & Economic Development.
Discussed AB189, which concerns Collaborative Law.
Saul Berkovitch / State Bar ADR Committee Staff Attorney
Proposed California Attorney Guidelines of Civility and Professionalism are out for comment.
Rules Revision Commission considering rule that attorneys must advise clients of ADR options. Discussed Rule 2.4.
Next meeting:
Gary Weiner. 2nd the Motion: Mike Powell
CDRC BOARD MEETING
LOS ANGELES
JULY 20 & 21, 2007
Call to Order.
Attending 7/20: Don Fobian, Karen Smith, Elizabeth Strickland, Gary Weiner, John Horn, Mike Powell, Mickey Katz, Jennifer Bullock, Ron Rosenfeld, Candace Matson, Gerry Phillips, Paul Dubow, Mark Roy, Peter Robinson and Steve Sauer. Attending via speaker - phone: Donne Brownsey.
Absent: Richard Chernick, Maury Zilber, John Blackman, Urs Laeuchli, Carl Ingwalson, Tom Reese, Jim Madison, Steve Dinkin, Brohne Lawhorne.
Guest: Norm Brand.
Motion: Gary Weiner: Accept January Minutes.
2nd the Motion: Steve Sauer. All in favor.
Motion: Gary Weiner: Accept May Minutes (with corrections).
2nd the Motion: John Horn. All in favor.
Treasurer’s Report/ Don Fobian
In relatively good shape through conference. Treasurer Maury Zilber absent.
Increased average hits per week by approximately 182 per day. Posting DRPA
information and removed prior mediator standards. History needs updating, seeking volunteer. Don to contact Amy for history and work with Mickey Katz to gather historical information. Beth to gather past presidents information and pictures for web page.
AOC Report / Elizabeth Strickland
Working with Peter Robinson and Jennifer Bullock on committee considering uniform standards/qualifications for mediators in court connected mediations. Debate on if statewide standards as mandatory or as a model and are appropriate or necessary.
Speaker-phone report. All items are status quo, waiting for budget to pass.
Annual Conference / Paul Dubow
Agenda and title determined. Hotel confirmed. All members encouraged to comment on agenda via e-mail.
Board to nominate and solicit new board members. Don to determine timelines. John Blackman to chair nominating committee.
Motion:
Arbitration Fairness Act of 2007 / Paul Dubow
CDRC to watch and comment.
Karen Smith: To give to Public Policy Committee for review and committee recommendation to board:
2nd the Motion: Don Fobian. All in favor.
Case Law / Don Fobian
Simmons, Wimsatt and all other pending and prior case and statutory law currently being monitored by public policy committee.
Discussion ensued about CDRC getting involved in LA Court Superior program usage policies and CDRCs rules.
Saturday July 21. 2007
Attending 7/21: Don Fobian, Mickey Katz, Gerald Phillips, Rich Chernick, Steve Sauer, Candace Matson, Paul DuBow, Mark Roy, Jennifer Bullock, Gary Weiner, Ronald Rosenfeld, John Horn, Elizabeth Strickland.
Membership: Ron reported that the committee sought to have renewal invoices sent out annually.
(i) from henceforth, membership shall be on an annual calendar basis;
(ii) the renewal invoices are to reach one year back; and
(iii) if new members sign up now, they can attend the fall conference at the lower membership rate and be included in the membership through the following year. Rich seconded the motion, and it passed unanimously. Don will call Amy and solicit her help in sending out renewal invoices.
Next meeting:
Respectfully Submitted:
Karen Smith, Secretary
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CDRC BOARD MEETING
FOSTER CITY
OCTOBER 20, 2007
Call to Order. Attending 10/20: Don Fobian, Karen Smith, Elizabeth Strickland, Gary Weiner, Mike Powell, Mickey Katz, Jennifer Bullock, Candace Matson, Gerry Phillips, Paul Dubow, Mark Roy, Steve Sauer, Brohne Lawhorne, Richard Chernick, Maury Zilber, John Blackman, Urs Laeuchli, Donne Brownsey, Steve Dinkin, Tom Reese. Absent: Ron Rosenfeld, Carl Ingwalson, Peter Robinson, John Horn. Legislative Report / Donne Brownsey DRPA: CDRC needs to provide cost/benefit data regarding DRPA programs, Jennifer Bullock is putting together a report. CDRC (Donne) needs to find an author for a spot bill for next year’s session to further DRPA legislation. SB981: Sponsored by Department of Managed Health Care. Not to be included in special session. To go out to bid for providers. Current State Bar Proposals are non-threatening. Discussion ensued about providing financial support to individual legislators. Motion: Richard Chernick: Accept July Minutes. 2nd the Motion: Mike Powell. All in favor. Action: Treasurer’s Report/ Maury Zilber Conference expenses and final budget to be determined. Brohne Lawhorne to discuss with Amy to include an automatic renewal for credit cards, Elizabeth Strickland to assist with practical details. Dick Bayer to provide information regarding ‘Sales Force’ software. Annual Conference / Paul Dubow AAA credits and provider support assisted with increased attendance. Karen Smith to chair 2008 conference with Chernick, Powell, Matson, Strickland as committee members. Website Committee / Elizabeth Strickland Website is getting a lot of hits, need to maximize exposure. Beth seeking members to provide content. Brohne Lawhorne to assist Beth. AOC Report / Jennifer Bullock Draft guidelines for uniform standards/qualifications for mediators in court connected mediations being proposed as model. Motion: CDRC Training Guidelines / Don Fobian, Steve Dinkin Comments continue to come in, not ready to vote yet. Board generally felt standards are currently too specific, need to be more advisory and generally titled as a resource and example. Don and Steve to address comments from others. Richard Chernick: Table conversation to next meeting for decision. 2nd the Motion: Karen Smith. All in favor. Motion: Nominating Committee / John Blackman Richard Chernick: Accept Slate of nominations. 2nd the motion: Jennifer Bullock. All in favor. Motion: Adjournment Karen Smith: Motion to adjourn. 2nd the Motion: Elizabeth Strickland. All in favor. Respectfully submitted: Karen Smith, Secretary 2008 Board Meeting Schedule: January 25, 26 - May 18, 19 – July 18, 19 – October 24 –