Alternative Dispute Resolution
Jun. 15, 2012
Binding mediation: an oxymoron?
In Bowers, the court determined that sophisticated parties are capable of enforcing binding mediation awards. By Steven H. Kruis of Kruis Mediation
In light of the self-determination and voluntary nature of the mediation process, "binding mediation" would appear to be a contradiction in terms. Not so, according to a recent Court of Appeal decision in which the court affirmed a $5 million binding mediation award.
In Bowers v. Raymond J. Lucia Companies, Inc., 2012 DJDAR 7066 (Cal. App. 4th Dist. May 30, 2012), the trial court determined that the mediation award w...
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