Alternative Dispute Resolution
Jun. 13, 2025
Mediator warns 'binding mediation' in AB 288 could create legal confusion
Berkeley-based mediator Ron Kelly is urging lawmakers to revise a key provision in AB 288, warning that its use of the term "binding mediation" could blur the legal distinction between mediation and arbitration--an ambiguity that could invite court challenges even as the bill aims to expand worker rights.
A prominent neutral is pushing to amend a bill that would enshrine the term "binding mediation" into state law. The bill's sponsor said the term is merely "placeholder language."
Ironically, the sides agree on the need for AB 288. It would expand the authority of the Public Employment Relations Board and make it easier for workers to petition the board directly. AB 288 would also allow the board, known in state government circles as PERB, to order employer...
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