California’s Opportunity to Create Historical Precedent Regarding a Mediated Settlement Agreement’s Effect on Mediation Confidentiality and Arbitrability
By Susan Nauss Exon , February 8, 2012
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This article discusses the issue of construing arbitration clauses to be binding and enforceable pursuant to the California Evidence Code Section 1123(b). It examines whether the arbitration clause ofthe Settlement Terms Documents constitutes a valid agreement to arbitrate. It also questions whether Section 1123 needs to be revised so that mediation is not subject to the general mediation confidentiality rules.
