Alternative Dispute Resolution
Sep. 26, 2012
Binding mediation case leaves questions unanswered
The 4th District became the first to publish precedent enforcing a commercial binding mediation award in Bowers, but beware what the case didn't decide. By Charles A. Bird and Aaron T. Winn of McKenna Long & Aldridge LLP
The 4th District Court of Appeal became the first in the nation to publish precedent enforcing a commercial binding mediation award in Bowers v. Raymond J. Lucia Securities, Inc., 206 Cal. App. 4th 724 (Cal. App. 4th Dist. May 30, 2012). The state Supreme Court recently denied review. Bowers is a succinct and superficially simple opinion. Binding mediation is anything but simple.
Bowers invol...
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