Category Archives: Litigation

Arbitral Immunity

Court of Appeal upheld a ruling that an Arbitrator who allegedly failed to make conflict of interest disclosures enjoys absolute arbitral immunity. A California Court of Appeal upheld the trial court’s decision in the case of LA SERENA PROPERTIES et al. v. GERALD WEISBACH et al.  La Serena Properties filed a complaint over the “failure of

What is Mediation?

Mediation is “negotiation through an intermediary. ” Two or more parties meet with a neutral third party, who guides the negotiation process.  This neutral party advises and listens to all sides, and helps the parties arrive at a win-win settlement. A mediated settlement is non-binding. If any party in the dispute is unhappy with the

What is Arbitration?

Arbitration is an adjudicative dispute resolution in which a decision maker issues a ruling. In arbitration, disputants do not haggle back and forth to craft a settlement, as they do in a negotiated process such as mediation. Parties are usually represented by counsel who argue their cases before a single arbitrator (or a panel of