Alternative Dispute Resolution
May 8, 2010
Now, Who Wants to Be a Mediator?
With an over abundance of lawyer-mediators, AB 2475 emerged as an attempt to penetrate the concept of "absolute quasi-judicial immunity."
A. Marco Turk
Emeritus Professor, CSU Dominguez Hills
Email: amarcoturk.commentary@gmail.com
A. Marco Turk is a contributing writer, professor emeritus and former director of the Negotiation, Conflict Resolution and Peacebuilding program at CSU Dominguez Hills, and currently adjunct professor of law, Straus Institute for Dispute Resolution, Pepperdine University Caruso School of Law.
Since 1990, in California, pursuant to the holding of Howard v. Drapkin (1990), 222 Cal. App. 3d, 843, 851-860), neutrals have been protected by "absolute quasi-judicial immunity" when engaged in mediation and similar dispute resolution activities. When I became involved in this activity in 1991, I remember being amazed at the enormity of the protection afforded. As a lawyer constantly being concerned with the potential exposure to malpractice liability, it seemed unbelievable that there...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In