TMS Event Details

Event Title: The Fine Print in Foxgate

Event Type:



Date: Tuesday, October 9, 2001

Time: 12:00 AM


The Mediation Society

A Breakfast Roundtable


led by James R. Madison and Ron Kelly

Tuesday, October 9, 2001

7:30 a.m. – 9:00 a.m.

Golden Gate University

536 Mission Street, Room 500

San Francisco

The California Supreme Court has now ruled that in mediation “a party may report obstructive conduct to the court”… “including violation of the orders of a mediator.” The Court “assumes” that a judge “may impose sanctions…based on conduct during the mediation.” And the Foxgate case is now on remand to the lower court to consider the imposition of sanctions. You say you don’t give orders? Do you, as mediator, ever tell an insurance carrier or other party they need to send someone with sufficient authority to settle? What if they don’t, or they spend all day without ever making or responding to an offer? How will you define what is reportable “obstructive conduct” in your mediations? Come explore with other mediators how the Foxgate decision may change your practice.

RON KELLY is one of the principal architects of California mediation law. He was the original source and drafter of the code sections underlying the Foxgate case, and his amicus brief in Foxgate was seen by many as a significant influence on the final decision. He served as the California Law Revision Commission’s expert advisor in drafting California’s Evidence Code chapter defining and governing mediation. He mediates and arbitrates business cases through his Berkeley office. He trains lawyers and business professionals through UC Berkeley’s Continuing Education in Law Program, and through local bar associations, and other organizations.

JAMES R. MADISON, formerly a partner with Orrick, Herrington & Sutcliffe where he handled complex litigation is now a full time arbitrator and mediator. He is a member of the arbitration and mediation panels of the American Arbitration Association and an incoming member of the board of directors of The Mediation Society. He authored an amicus brief in Foxgate for the California Dispute Resolution Council and serves as president of that organization.

There is no charge for this event. Members may bring guests.

Please respond to Maureen Newman at (415) 442-6643 or by email at mnewman@ggu.edun