• Beware the Dangers of Arbitrators Morphing Into Mediators
  • August 1, 2006 | Author: Mitchell Zimmerman
  • Law Firm: Fenwick & West LLP - Mountain View Office
  • In Morgan Phillips, Inc. v. JAMS/Endispute, LLC, 140 Cal. App.4th 795 (June 20), the Court of Appeal overturned the grant of a demurrer, ruling that arbitral immunity did not bar breach of contract and other claims against a mediator/ arbitrator and the ADR organization with which he was associated. Although the court-sanctioned exception to arbitral immunity was framed as a narrow one, ambiguities in the ruling raise disturbing issues.