2009 Board Minutes
CRDC BOARD MEETING
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Call to Order • Maury Zilber Members Present Jennifer Bullock, Steven Dinkin, Paul Dubow, Don Fobian, Frederick Glassman, John Horn, Carl Ingwalson, Michelle Katz, Urs Laeuchli, James Madison, Candace Matson, Milica Novakovic, Gerald Phillips, Michael Powell, Ron Rosenfeld, Mark Roy, Ivan Stevenson, Catherine Ward, Gary Weiner, Maury Zilber. Members Absent Richard Chernick, Brohne Lawhorne, Karen Smith, Eric van Ginkel. |
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Introduction of New Board Members Milica Novakovic, Eric van Ginkel, Catherine Ward. |
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Motion: |
Discussion of board member preference for location of the Moved: hold May meeting at Embassy Suites. |
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Motion: Action: |
Strategic Planning • Maury Zilber Discussions relating to membership, programs, and finances. Gary Weiner. Authorize membership committee to negotiate with Linda Cain about becoming CDRC’s administrative director and to report back to executive committee with a recommendation for action. Upon the membership committee’s recommendation, the executive committee is authorized to contract with Linda Cain for services as administrative director. Membership committee to negotiate with Linda Cain for services and make recommendation to executive committee as soon as possible. |
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Meeting Recessed |
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Call to Order • Maury Zilber |
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Approval of Minutes of October 2008 Meeting A board member noted an error in the minutes; no vote was taken to approve the minutes. |
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Motion: Action: |
Treasurer’s Report • Candace Matson Candace distributed a 2008 year-end financial report and outlined alternative 2009 budgets. Discussion related to the need for the 2009 budget to reflect actual anticipated expenditures and membership. Because the strategic planning session raised issues that would significantly impact the budget, no action was taken to approve a 2009 budget. Gary Weiner. Candace will prepare a new proposed budget after membership committee negotiates with Linda Cain and reports to executive committee. This new budget will be circulated to board members for approval by e-mail or at the May meeting. Candace to prepare new budget after action by membership and executive committees. |
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Legislative Advocate’s Report • Donne Brownsey Donne reported on changes in the makeup of the legislature and committees that typically deal with legislation of interest to CDRC. The state budget stalemate has resulted in a substantial reduction in new legislation this year. Donne did not report any pending legislation of concern to CDRC, but this is a time to anticipate legislation that is likely to be introduced later and to plan ways to move forward with CDRC’s legislative agenda. The board asked if Donne could contribute to periodic report to CDRC members about her activities at the state level. Donne said she could provide information about developments in Donne reported that SB 1177, the bill authored by Sen. Mark Ridley-Thomas that would have increased DRPA funding, was passed by both houses but vetoed by the governor. The veto came as a surprise and disappointment to the bill’s supporters. In the current legislative climate, it is not likely that the bill will be supported if it is revived. A more productive approach, at this point, will be to work with the Judicial Council, county boards of supervisors, and local DRPA programs to generate support for a DRPA fee increase when the civil fee moratorium ends in 2011. Despite the governor’s veto, the board acknowledged Donne and Sen. Ridley-Thomas for their hard work in moving the bill all the way to the governor’s desk. |
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Motion: |
Amendment to Bylaws Maury Zilber said that the By-laws contained an ambiguity about terms for Directors, and he proposed an amendment to Section 7.4 to reflect what has in fact been the practice followed by the Nominating Committee for the past several years: no Director can serve more than two successive terms of any length. Michelle Katz. Approve amendment to Section 7.4 of Bylaws. |
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Motion: Action: |
Public Policy Committee Report • James Madison Discussion of growing use of mediation in appellate courts. Jim noted that the first, second, and third districts have mediation programs, but he does not know about the fourth, fifth, and sixth districts. In the third district, the program is mandatory in cases selected by the court for mediation. The first four hours of mediation are free to the parties, and the mediator can terminate the mediation after four hours unless the parties agree to pay for continued services. CDRC’s principles favor voluntariness in the mediation process and for mediators to be appropriately compensated for their services. Michelle Katz. Gary Weiner (or Milica Novakovic) will form a task force to address issues relating to court mediation panels, including such issues as: voluntary/involuntary participation, represented/self-represented litigants, paid/unpaid mediators, and appellate/trial level mediation. Gary (or Milica) will form the task force and report to the board about how to solicit input from CDRC members and how to address these issues in a manner consistent with CDRC principles. |
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Collaborative Law Legislation Committee • Frederick Glassman Fred reported that the Uniform Collaborative Law Act is nearing completion and should be in final form in May. If so, it may be approved by the National Conference of Commissioners on Uniform State Laws (NCCUSL) in July, then forwarded to the American Bar Association in 2010. The proposed Uniform Collaborative Law Act is not limited to family law; rather, it is generic and would be applicable to any area of law. Some other highlights of the act include: (1) retention of disqualification provisions, which cannot be avoided by rescission of the contract; (2) courts can enforce participation agreements and lawyers can go to court to defend them; (3) exceptions to disqualification in certain cases involving legal service programs or low-income clients, and in situations involving emergency orders; (4) staying certain case management procedures, but allowing status reports, while cases are in collaborative mode; (5) requirements for informed consent and screening of cases (i.e. for domestic violence) to assure voluntary participation. Fred reported on the Elkins Family Law Task Force, established in light of the decision in Elkins v. Superior Court (2007) 41 Cal.4th, 1337, which held that marital dissolution trials should “proceed under the same general rules of procedure that govern other civil trials.” Because of the implications of this ruling on the operation of family courts, the task force is developing “proposals that will increase access to justice, ensure due process, and provide for more effective and consistent rules, policies, and procedures.” The task force provides an opportunity to advance collaborative law and mediation. [See http://www.courtinfo.ca.gov/jc/tflists/elkins-work.htm for more information.] |
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2009 Annual Policy Conference • Maury Zilber Net proceeds from the annual conference are much greater when CDRC does not have to pay for the conference space. Therefore, finding free conference space will be a high priority. USF School of Law is seen as the most accessible site, but UC Hastings College of the Law, Golden Gate University School of Law, UC Berkeley School of Law, Maury reported that Karen Smith is willing to serve on the 2009 Annual Conference Committee but that she is not in a position to serve as committee chair. Karen recommends that because the conference will be held in |
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Committee Assignments • Maury Zilber Maury will circulate a sheet for 2009 committee sign-ups. Committee chairs are encouraged to invite non-board members to serve on the committees. Maury will circulate a committee assignment list. He will also circulate a list of CDRC members to facilitate involvement of non-board members on committees. |
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Motion: Action |
Arbitration Fairness Act • Paul Dubow Paul reported that the proposed federal Arbitration Fairness Act contains provisions that have the potential to severely and negatively impact arbitration. He noted that the prohibition of pre-dispute arbitration clauses in contracts in which the parties have “unequal bargaining power” will not only affect consumer arbitration cases but virtually all cases, since any party wishing to avoid arbitration or challenge an arbitration award could make an argument that the bargain power between the parties was unequal. Discussion revealed that there is support for legislation to limit pre-dispute arbitration clauses in consumer cases (i.e., credit cards, cell phones), and to permit opt-outs in other cases. Board members indicated support for modifying the act to narrow its application to the types of cases cited in support of the legislation. Maury Zilber, with Paul Dubow’s assistance, will draft a letter outlining CDRC’s concerns relating to the Arbitration Fairness Act for mailing to CDRC members. The letter will also solicit input from our members about how to respond to the act. Maury and Paul to draft letter re: Arbitration Fairness Act. |
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Action: Action: Action: Action: |
Additional Discussion Although there was still a quorum, some members had to leave early. Group consensus was reached about the following items after discussion. In addition to conferring with Linda Cain, the membership committee will investigate the feasibility of changing the CDRC website to: (1) permit CDRC members to pay $100 per year for “premium listings,” or some similar tiered individual member rate structure; (2) create a “members only” section with legislative updates, articles, cases, and insurance information. The membership committee will report to the executive committee at the next executive committee meeting. Jerry agreed to head the Board members were encouraged to seek new CDRC members in other organizations to which they belong. Maury will distribute a form letter that could be used for this purpose. The possibility of holding a An E-Blast should be sent to members asking them to put a CDRC link on their websites. |
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Motion: |
Adjournment Gerald Phillips. Motion to adjourn meeting. |
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July 17, 2009
11:00 AM:
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Call to Order • Maury Zilber
Members Present
Frederick Glassman, John Horn, Mickey Katz, Brohne Lawhorne, Milica Novakovic, Gerald Phillips, Michael Powell, Ron Rosenfeld, Mark Roy (Secretary), Karen Smith (President-Elect), Eric van Ginkel, Catherine Ward, Gary Weiner, Maury Zilber (President).
Members Absent
Jennifer Bullock, Richard Chernick, Steven Dinkin, Paul Dubow (Immediate Past President), Carl Ingwalson, Urs Laeuchli, Candace Matson (Treasurer) , Ivan Stevenson.
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11:05 AM:
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Legislative Advocate’s Report • Donne Brownsey
Donne reported that the budget crisis continues to hinder the progress of legislation, including legislation of interest to CDRC. Both AB1 and AB 1090 are in a “holding pattern” pending resolution of the budget impasse. Donne sent a letter relating to the Fuentes bill on employment contracts; but all other bills are dead or two-year bills.
Donne noted that courts will be hit hard in the final budget, and the courts are fighting to preserve funding.
Gerry and Gary inquired about the Sacramento Bee article about the need for a mediator and whether legislators or the governor’s office might be open to mediation. Donne replied that while ADR processes might be useful in dealing with various stakeholder interests, the decision makers are currently engaged in a short-term political bargaining process and are unlikely to be interested.
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11:20 AM:
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Approval of Minutes • Mark Roy
Mark reported that he was not present at the May meeting and does not yet have a copy of the minutes to present to the board for approval. Karen said she would forward a copy of the minutes to Maury so they will be available for approval at the next meeting, along with any other board or executive committee minutes that have not already been approved.
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11:25 AM
Motion:
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CDRC Administration • Maury Zilber & Membership Committee
Maury reported that Amy Johnsgaard recently wrote him and said that her law school commitments were such that she would like to transition out of her position as CDRC administrator. This was expected, as Amy had continued serving CDRC largely because of her commitment to the agency. The timing of Amy’s departure will fit well with the hiring of a new administrator, which has been contemplated for a long time.
Linda Cain was introduced to the board and described her background as a paralegal, event planner, and nonprofit organization administrator. In addition to Linda, her agency has two other employees to assist her.
Linda left the meeting, and the board reviewed the proposed contract between Linda’s organization and CDRC. Negotiations were handled primarily by Ron and Mickey. Although there are still a few final details, the current terms are as follows:
· Linda will waive an initial retainer.
· Services will be provided for $500 per month for five months (August through December).
· A new contract will be negotiated for services after December 2009.
· Linda will be reimbursed for expenses, including the cost of a dedicated phone line and other approved expenses.
· Linda will be responsible to the CDRC president, membership committee, conference committee, and other board members for particular authorized purposes.
Discussion about the proposed contract was extensive. Board members inquired about the budget implications of the change, priorities for Linda, expectations relating to the contract to be negotiated for 2010, and how to use Linda’s services effectively on a very limited budget.
John moved to authorize the CDRC president to enter into an administration contract with Linda Cain’s agency (MCE International) upon completion of final negotiations with Mickey and Ron. Eric seconded. ALL IN FAVOR.
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12:00 Noon
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Conference Committee Report • Gary Weiner & Gerry Phillips
The committee has approved an agenda and programs for the October 17th annual policy conference. This year’s conference will be held at UC Hastings law school in San Francisco, and Hastings is taking an active role in the conference. CDRC’s partner is the Center for Negotiation and Dispute Resolution at Hastings, directed by Grande Lum.
The conference program includes the following:
· Welcome from CDRC president and Hastings Law School Dean
· Legislative Report from Donne Brownsey
· Report on Legislation and Public Policy (specifically the Arbitration Fairness Act) from Paul Dubow.
· Keynote Address
· Lunch and Presentation of Awards
· First Afternoon Breakout Sessions
o Panel Organized by Hastings
o Arbitration Panel (Dwight James, moderator)
o Collaborative Law (Mickey Katz, moderator)
· Second Afternoon Breakout Sessions
o ADR and the Brain (Clark Freshman [Hastings], moderator)
o ADR in Entertainment & Cyberspace (Gerry Phillips, moderator)
o “A Thousand Flowers Bloom” (Gary Weiner, moderator)
Discussion of the conference and program included questions about other possible programs and panel members, whether panelists should be invited or required to join CDRC, etc. Gary invited board members to communicate with him about specific suggestions and recommendations.
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12:40 PM
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Working Lunch
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12:55 PM
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Membership Report • Ron Rosenfeld
In addition to the developments with Linda Cain, the committee would like to move in the direction of sending paper renewal invoices, along with promotional and member benefit information, to CDRC members. The invoices should include an opportunity for making the membership automatically renewable and charged to the member’s credit card. (Adding the automatic renewal was previously approved and is available on the website.)
The committee has been working with Beth Strickland to add member information to the website. The goal is to permit members to pay $100 per year to have a link to the member’s personal website and to have a searchable member database. The committee continues to work on the project.
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1:05 PM
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Collaborative Law Committee • Fred Glassman
Fred reported that the proposed Uniform Collaborative Law Act was passed unanimously by the National Conference of Commissioners on Uniform State Laws at its annual meeting in July. There were a couple of changes from drafts previously presented at CDRC, but the important provisions survived. The act has not yet been approved for distribution, but it is expected by the time of the CDRC annual policy conference.
As previously reported, the act expands the scope of collaborative law to civil law, provides mechanisms to screen for domestic violence, and to permit attorneys to seek emergency orders prior to withdrawal.
In February 2010, the act will be presented to the ABA house of delegates. If the act is approved, it will then go to the states for enactment.
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1:25 PM
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Awards Committee • Mark Roy
Mark reported that he circulated requests for nominations of award recipients to CDRC board members and community mediation programs. Thus far, there were three names proposed for the Weckstein Award and one for the Soriano Award. Mark invited the board to suggest other names. The current list now includes:
· Weckstein: Heather Anderson, Dana Curtis, Gary Friedman, Ron Kelly, James Madison, Sheila Purcell, and the Straus Institute.
· Soriano: Community Boards of San Francisco, Peninsula Conflict Resolution Center, and Sunny Schwartz.
The final decision on honorees will be made by the Awards Committee, in consultation with the CDRC board and leadership of the California Coalition for Community Mediation (CCCM). Honorees will receive a plaque and be recognized at the CDRC annual policy luncheon.
In addition to the Weckstein and Soriano awards, other academic awards may be presented to students at Pepperdine and Hastings law schools. The Awards Committee does not select these recipients but can order a plaques for them.
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1:40 PM
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Legislative & Public Policy Committees • Maury Zilber
Committee chairs Paul Dubow and Jim Madison could not attend the board meeting. In their stead, Maury reported that it been a quiet year, legislatively, and not much ADR-related legislation is moving at the state level.
Jim is working on an amicus brief for one case previously discussed.
The Arbitration Fairness Act letter was completed and sent to the U.S. House and Senate judiciary committees. The committee has reviewed both the House and Senate versions, and the Senate version is preferable. Other organizations are beginning to voice their concerns about the Act.
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1:50 PM
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Nominating Committee • Maury Zilber
Paul Dubow will be working on board member nominations prior to the next board meeting and will be circulating a request for nominations so they can be ready in October.
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1:55 PM
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New Business • Maury Zilber
Trainings. Maury said he receives a lot of inquiries about trainings, requests for ADR referrals, etc. He has responded to these requests but would like to develop a system for handling them. The membership committee will address this issue with Linda Cain and report back about options.
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2:05 PM
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Treasurer’s Report • Maury Zilber
Candace Matson was unable to attend the board meeting. Maury distributed a budget report but noted that the budget will need to be re-worked because of the change in administrators.
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2:15 PM
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Meeting Adjourned
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12:11pm
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Call to Order. Opening Remarks / Maurice Zilber
Attending: Maurice Zilber, John Horn, Gary Weiner, Jennifer Bullock, Candace Matson, Gerry Phillips, Ron Rosenfeld, Urs Laeuchli, Tom Reese, Fred Glassman, Eric van Ginkel, James Madison, Paul Dubow, Brohne Lawhorne, Ivan Stevenson, and Tim Dovonot.
Absent: Richard Chernick, Karen Smith, Catherine Ward, and Mickey Katz.
Late arrivals: Milica Novakovic (2pm)
Introduction and welcome of new Board Member Tim Doyonot.
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12:15pm
Motion:
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Resignation of Mark Roy as Secretary
Current Secretary Mark Roy has taken a new job in Bakersfield and has to resign from the Board and as Secretary. Milica to fill in until new Secretary is elected.
Maurice Zilber: Milica to fill in and complete Mark’s term as Secretary
2nd the Motion: Gerry Phillips. No opposition, motion carried.
Milica arrived late (flight delayed). Linda Cain took meeting notes.
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12:20pm
Motion:
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Approval of Minutes from January, April and July Board Meetings
January minutes approved at the May meeting.
Maurice Zilber: Approve May and July meeting Minutes.
2nd the Motion: Gerry Phillips. No opposition, motion carried.
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12:30pm
Action
Motion:
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Treasurer’s Report/ Candace Matson
Still financially struggling. Annual Conference did not generate as much as expected. Concern about bank and Visa fees. Endowments welcome – inform the Board of any interest.
Candace to research Paypal options. Gary suggested Candace speak with Colin Rule (on panel at Annual Conference)
Gary: Candace to have authority relative to Paypal options.
2nd the Motion: Gerry Phillips. No opposition, motion carried.
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12:45pm
Motion:
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Election of Officers for 2010 / Paul DuBow
Nominating Committee Report – Nominees for Office:
Karen Smith, President
John Horn, President-Elect
Milica Novakovic, Secretary
Candace Matson, Treasurer
Gerry Phillips: Election of nominees.
2nd the Motion: Maurice Zilber. No opposition, motion carried.
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1:00pm
Motion:
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Proposed By-law change to permit email balloting / Maurice Zilber
Need for Bylaw Amendment to allow for electronic voting in accordance with CA Corporations Code. If members do not have e-mail, they can fax or mail in their vote.
Paul Dubow: Amend Bylaws to comply with CA Corporations Code electronic voting provisions.
2nd the Motion: Gary Weiner. No opposition, motion carried.
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1:15pm
Action
Action
Action
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Membership Committee Report / Ron Rosenfeld
Mickey sends her regrets (ill and unable to attend)
Ron to work on Membership Drive.
Addition of ADR neutral search function to web site. $2,500 to update the website to have it so members can be found and searched on the website (need field for name, field for area, field for specific areas). Members would be charged a $100 fee for adding their name into the search area. Members who pay $250 or more would have the benefit of search capability. Mediate.com has the ability to track the searches and names.
Explore possibility of changing the website host (problems with Josh). Jennifer Bullock to speak with Beth Strickland regarding Mediate.com and alternatives, including capabilities and costs (setup and continuing with search feature). $3,600 for set up.
Membership benefits discussed.
Membership discounts discussed. Mediation Society is willing to have shared revenue options of membership -discounts if you join all of them. ADR and CDR are targets to share membership - cross fertilization between groups is important. Rather than doing a discount, get a trial membership with a certain amount of time.
Membership Committee to report to the executive committee on proposals.
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1:45pm
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Public Affairs Committee Report / James Madison
Amicus brief in Haworth v. Superior Court (Ivan Stevenson and James Madison) did not get filed.
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2:30pm
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Collaborative Law Committee Report / Fred Glassman
Elkins case – creation of Elkins Task Force, but no ADR representation on Task Force. Task Force report includes a page and half of the report devoted to ADR. Litigation lawyers see it as the last opportunity to have full trials in family cases. Task Force meetings held in SF, SD and LA. Fred Glassman attended -- Ferm Salka, chair of the state bar family law ADR section south, spoke on behalf of mediation; Fred spoke on behalf of collaborative mediation; everyone else was a litigation lawyer. Chair of Task Force is Justice Laurie D. Zelon of the Court of Appeal, Second Appellate District (Los Angeles) sent a thank you letter to Fred Glassman advising that draft recommendations will be available for public comment in late 2009.
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3:20pm
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Annual Conference Committee Report / Gary Weiner
10/17/09 at UC Hastings. All things are set for a successful conference.
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3:30pm
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Legislative Committee Report / Paul DuBow
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3:45pm
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2010 Board Meeting Dates:
January 29-30 San Diego
May 16-17 Sacramento
July 23 San Francisco
October 22-23 Los Angeles (with Annual Conference)
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3:50pm
Action
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New Business
Study Committee of the Revised Principles proposed in 2006 –to report at January 2010 Meeting.
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3:55pm
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Thank You to Departing Board Members
Departing Board Members: Steven Dinkin, Mark Roy, Richard Chernick, Paul DuBow, Gary Weiner, and Urs Laeuchli.
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4:00pm
Motion:
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Adjournment
Motion to adjourn: Gerry Philips
2nd the Motion: John Horn All in favor.
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Respectfully Submitted: Milica Novakovic, Secretary
February 9, 2010
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