Civil Litigation,
Alternative Dispute Resolution
May 3, 2013
Mediator-turned-arbitrator: be careful what you wish for
As a recent case shows, if a mediator-turned-arbitrator is only authorized to interpret and, if necessary, amend a settlement agreement reached in mediation, issue preclusion likely will not bar further claims.
Steven H. Kruis
ADR Services, Inc.Email: skruis@adrservices.org
Steven has been a full-time mediator since 2002, and mediated well over 2,000 matters throughout Southern California. He is with the San Diego Office of ADR Services.
Settlement agreements reached in mediation commonly include a provision appointing the mediator as arbitrator in the event of a later dispute over the terms of the agreement. Is such a clause enforceable? If so, is it prudent to include one in a settlement agreement? A recent state Court of Appeal decision involving a $48.8 million settlement provides some answers.
Kurtin v. Elieff, 2013 DJDAR 4901 (Cal. App. 4th Dist. April 16, 2013), involved two business partners, Todd Ku...
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