Thursday, June 09, 2005

~ settle down -but not so fast ~

The ABA Journal reports on a possible case of an arm-twisting settlement in the Los Angeles County Archdiocese sex abuse cases.
In an appeal by the church’s insurers, the California Court of Appeal in Los Angeles vacated the settlement judge’s written orders. Noting that it hadn’t been informed of the settlement, the court said the judge had “exceeded his authority by making factual findings and otherwise preparing a coercive order in violation of the fundamental principles governing mediation proceedings.” Travelers Casualty and Surety Co. v. Superior Court, 126 Cal. App. 4th 1131 (Feb. 15).
The ADR folks argue for cooperation rather than coercion and make a case for incorporating this approach into the code regulating judicial ethics.


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