News Scrapbook 1988

San Diego, CA (San Diego C

JlllBt'•

P. C. 8

E<1. 1888

, , ~f

that mediation than one

1

lien points out

n k ~ ,.,., J-1

J

•

take more

Jud~:o~ /ContJ/IU

11

usua Y h t arbitration can meeting but t al ded in one ses- lly be cone u fme h there is no 1 limit and bort!1 pa;resent their u ua sion " althoug ties have a

n

•

Id have run

l .k 1·hood that he wou 1 e 1 " to other troubles.

From Pa e c,.1

u Y

chance to case. ."

juSl as

ion ha.

• .

t' n that . ht into that or Bernie to the Ninth als has drawn th Alli· - · ,,

m

b,trarto . mu1;h clout as d c1

I it had been •c Th d ter- the lorm of a

alive dispute

1 al nomina 10

oc

Another may some nc::D cast: ~

Allen se s altern " the wave of resolution (~DRdl af ng with con-

day fit rig

t'

render d ~Y a l~ll~ delivered in

law proless

the future m !licts on a ,person

ca I al and cor-

u

minat1on 1

t· A

-.

's norn1na ion

P ciftc

10 duy. and tut sgiving

S .

_

1egan

step

first

the

porate level.

brief stutcm n d1r ct1on both partie • t one ~hed m media• I b ding ac• tlon an• not le al Y 11 m but ' the •r Ill nt r

Circuit Court or . ppef · .d ble criticism rom nd the Center for t They Law in the Public Int res . "far- ance for Justice a form1 a .

ration be-

course,

" Of

should be dire~t nbeugot w1hen that

rties

h

pak ADR Is certai?lY

tween, t doesn t wor , prcferab c O I t

.

nderc ,

t

d . cor 111

0

t Resolution 10 r p·orts that

ens1ve

advocates a

s .

Ce nt r for u. 1 pu Bould(•r, agreement. m d1atlon arc l 0 0

a long exp

t· ·sm" and

iegan

charge rightest

.d'

. d'cial ac 1v1

legal battle ," she _s~•u~tries have Already many ms eed up reso- •mbraccd ADR to P lit'gation

through

·: ched

"

.

.

.

JU l

t'tutional rev1s1omsm.

"

.r~uch more likely

articularly

.

.

cons 1

both par· k' a

ovost

"This year's topic 18 p

Photo / DON MOHR

b h nor d beeau. c

control

d

c

I

/

l " said David Won~. pr

.

th American Ar• repared a

an

lutions

. fc1pat d m ma m,,

to c th d

Elizabeth Allen are the ~:~r;fin and Arbitration Center.

costs . In 1983, . e n

ti• h v • P ir I

/-

~F1D6SD's Warren College.

Psychologist Olivia founders of the North

b1tration Assoc1~t~is:Ute resolu- lion proce~ures to ~th a " s1m insurance mdustraynd expeditious pie inexpensive . ,. pilot program O rovide the

. aid the

·1. io\ple have

.

It mat1vc di. pute

Many

that

is

edur .

a

b auty o

ne day 's notice.

.

resolution p~o\ ir and mexpen- th"/ arc quic •

Diego ofhces o~~1led a directory Allen has co .

. on a case-by- referring _dispu es BB " case bass1s to the fB l more com- For people_whoa ~~dge making (ortable havmg , J the " rent-a- the ruling, th ere \ Judicial Ar· judge" program o diation Ser- bitration ~n\a~ 1 ;iego Staffed vices, Inc. 10. s JAMS will by retired J~dtg\~ binding and schedule med:r~?tr~tion, settle- non-bmdmg trials and mcnt conferenc_es, .n their San hearings on motions I t

,. II d upon to help settle way to retiolvte ~~a~f't~e program

s1v •,

2 ercent of the

AAA repor s

Community will contact they r fer

th

Wh n c,1

has hown that 4 ipn settlement,

a d1. put ' M di lion Program .

d

eluded

th third party (wdhomtl and en• ca es co~ . .

the preferre

that medialtotntli1nsg claims, that

.

n

re pon . .

t

b

e

of

in m d1a •

·

a

to

savings o[ a ou es per case ,

mean

courage part1c1patton

there was a compared to

ti~~M.ost re pondcnts ar 0 1 Very I w P op e .

$2,000 in lcga\~:~~~ected cost of

I o found that

in an

a tnal. It was :o~essed

fhct xccpt those r~~er be nght tha~

m dintton. to wul\ow who woul

cl°

wefr~O Pdays (much less 1·t·gated settlement,

claim

average o time than a 1 1

re ·olved,

nflict

huve cars) and that Under II ·ay , 's volunteer me• which could talk~ Y was for about _The progrdrr;e an appointment th average c aim

Bu mess Bureau tional Consumer

t

conveni nt

t

·

10.

Bet er

Th

vening or

th day

is

tha

in place,

ti · , durmg we kend _m 1 trame v "

ram

a

had a

ha

°-.vat~ etting,

P~lunteer mediator Arb1trat1on Probg1·trate all kinds

'des of that the par• (II P ule andf as k ·1wch'other The of marketpladce ;! the 1972 to ar Ii tens to both me

d·sputes

ma~ketplace arbitrated

.

" Thousan s

are being

art1es

' .

want rom

ti

Business reco~nizes ltemative dispute

di pule

d ator will assist the P •aching th _ir own solution ' Und rcll explamcdt.. • reached it "

every year. f the wo:th o ad re olullo~. and crnment, sat a

:

so docs San Diego BBB gov•

g rN•m n ..,

•

by the mediator letely con• cl~ n~t result in

When a d

rl'tten own

• CA Diego Co l . nurfoallbGr

kesman

both art1e. ,

1 w

h BBB reports,

. .

po

and ign d by " Med1a~ion ids

Increasmgi1~ t Je Commission. " the F~~:::ey ~!neral as well ads

!identlal an wt record . Ruel police or court the big advan•

an

attorneys

.

.

state a local

BBB arbitra-

district. .

is that " you ur own .

note. thut one of tag s of m d1at1on

judges, are wr1t1~gorders or are l------7

control over yo ~--:-:---:::--;::::-;---~===---==T==;;;Jlgeles, CA ----- - - ----:~--"""0 ! 5 Ahgeles Col :,an U1 cgo, Calif Times lion into consen

have

• APR 15 1988 D

However, ti! non versified General Dynamics ha a problem: , the aerospace/defense cycle. It's not doing so well now, following a tremendous worldwide buildup in this decade. Pace, ':"ho was i~ town yesterday to talk with the Umv~rsi~n Q_iego's ~r~te Associates, said heffiinks U.S. defense spending in the next couple of years will be "flat" in real (inflation-adjusted) te~ms. That will affect his company with a lag. But GD's immediate outlook is also for "flat" sales and earnings. ' That's not reassuring to Wall Street. General Dynamics stock sells for a woeful live times earnings. Wall Street sees the possibility of the United States and U.S.S.R. trimming defense expenditures. "Wall Street does not like ·uncertainty," said Pace. He didn't say, but I will say, that Wall Street also does not like companies that mind their knitting - which refuse to play the acquisition game. That's because Wall Street makes enormous sums of money on finders' fees arbitrage hostile takeover rumors, takeover- ' related insider trading and such, and also knows that a company playing the acquisition game can more e~ily_use all kinds of accounting gunm1ckry to conceal its weaknesses. So Wall Street loves companies that churn their

. ~ti~n~y~.'~

~d~e:

[

(San Diego Ed.l (Cir . D 50,010) (Cir. S 55,573)

Southern Cross (Ci r. W 27 ,500)

•

APR 15 qgg

1 8

A University of ~iego fraternity is hO'Sfi~at must oe the raddest live music show of the s eason, this Frid ay at the El Cortez Hotel in downtown San Diego. It's "Big Wednesday" night in honor of the surf movie of the same name. Dick Dale, the "King of the Surf Guitar," and The Slo Ponies, the local neo-sur f musi~ band , will both perform. Dale, nown for his blistering guitar work with "Miserlou," " The Wedge" a_nd "Let's Go Trippin'," was the Big Kahuna when instru- mental surf music flourished in the early '60s. The Slo Ponies reviewed_ here a few weeks ago: are creatmg their own version of modern surf musi c, defined b The. Bi~ "-ednesday" surf s«:omp 1s bemg produced by the Sigma Chi fraternity. Tickets are available only at the campuses of USO or SDSU. k their wild fra t part t h Y ,. . , Y s ages ow.

§i ii:~~~~ agent linebacker Keith Browner, a former second-round pick of the Tampa Bay Buccaneers. Browner, who played at USC, is a 6-foot 6-mch. 260- pound linebacker whom the Chargers say they also will use as a defensive lineman. Three of Browner's brothers, Ross (Bengals), Joey (Viking~) and Jim (Bengals), have played m the NFL. Keith Browner also has played for the 49ers and Raiders.

._ ijt/t'n's

p C. B I' /SH ,,.,..young adult conference scheduled at USD LCALA PARK~Offi ~e ~f A and y oung Adult Ministn es i_s / ;poo~!ring a )·oung adult con rerence '.'pn~ 23, 10 a.m .•5 p m., at~ University o

Free-Agent Linebacker Kei:~.~:::~er

San Diego Sports et Cetera

rene College athletic director, will be on sabbatical for part of next year, the school announced. . Ben Foster will be the actmg director in his place. Ted Anderson, varsity basketball ass1Stant for p~t two vears will take over Fosters duties as head basketball coach for next season. The school also announced that Mike Farrand, a former assistant coach, will be the head soccer coach next season, replacing Mark Helpert, who resigned.

..

Dave Rolls hit his 11th home run and Chuck Graham and Mark Traf- ton each had three hits Wednesday as the Un~~rJi¼ ofJ,:m. Diego with an 11-3 nonconference college baseball victory over UC San Diego snapped a - e losing streak Tony Batttleg_a (4-4) , Jame Ferguson and Mike _Newby com- bined on a seven-hitter for U~D (18-24) UCSD ranked No/ 8 m NCAA Division iII,fell to20-11. at CunninghamStadium. .

:Z~t>

will

d

San Diego .

FOOTBALL Two San Dieguito High School football players have made deci- sions on where they will attend college. Guard Mike McCune said he will play football at Dartmouth. He also was recruited by Air Force, Army, Cornell and Penn. Offensive tackle Russ Roth has committed to UC Davis.

ay

the

I d "Connections,

En

and a

k h

tit e

f speakers, wor s ops

.

Leo T Maher will be the

c_ons1st oB_ h liturgy.

s

M

·

15 op

main celebrant at the 3:45 p.m. d The cost is $1 2. For rescrvauons an....-- info nnation call 574-6303 . as .

Solana Beach, CA (San Diego Co .) The Citizen (Cir. 2 x W. 20,000) APR 13 1988

POINT LOMA NAZARENE Carroll Land, Point Loma Naza-

._Af,.,.' 1

, . C. 8 ~e~~I!!~~~h,~,te bl.1ck robed Judge 11cll dr(' ('(/ court. and £me p,weled cou1 F rr IBU

-~l~g.,~?Out nfclortgb~t at' ck~d -~'~ court ~.r~!!,"disp,w u -0 -cou ar I ra ,on sa, When called upon to help settle resolution (ADRl as "the wave of the future in dealing with con- dispute. the Community a

operations the way Wall Street brokers churn your account. Wall Street _loves companies that spend all th~r r~sources on acquisitions and divestitures (that is, on Wall Street) and nothing on research & D-2 could be some employment declines," Pace said. That doesn't mean there will be layoffs_ at any of the three San Diego operat10ns - Convair, Electronics and Space Systems - Pace said but it does mean that everybody mu~t pay attention to the tasks before them. That's what management will be doing. on Pte

to be the 'wave of the future l

nl\ers1t\ of Commumty f.10 percent accordmg , percrnt com

Initiated by t e

/a 11 \£'r /room

flicts on a ,,personal an 1 cor-

\Iediation Program will contact the tlurd part) whom they refer porate level.

San Diego Ian c nter in 1983 a a

th£' se_tting to resofrp not corrl'ct I

:i

program

pilot

the1r disputes

step

first

the

course,

"Of

and en-

respondent

to as a

ledrnt1on claim~ a agreement tale ndcreJ,, and an

/Jkc pMplc

l'coplr 111th problem

should be direct negotiation be- tween the parties but when that doesn't work. ADR is certainly preferable to a long, expensive Already many industries ha ve embraced ADR to speed up reso- costs. In 1983, the Amer ica n Ar bitration Association prepared a pilot program of dispute rcsolu lion procedures to provide the msurance industry with a "sim- pie, inexpensive and expeditious AAA reports that the program has shown that 42 percent of the cases concluded in settlement, means of settling claims, that there was a savmgs of about $2,000 in legal expenses per case, compared to the expected cost of It was also found that claims were procl'~sed m an average of 90 da) . Allen has compiled a directory a trial services that arc avai.a ble San Diego County and these ca n be obtained for a $2 postage and in bitrat1on Center at 4401 Man- chester Ave, Suite 202. or railing 436-8392. The Community Media- tion Progra m can be r eached at legal battle.•· she said. lutions and control litigation that mediation 1s the preferred of mediation and abritr ation handling fee by writing the

courage participation in media-

non-binding, depending on what

to meet with a professional media- tor to negotiate the terms of their own settlement Allen ex- ' Without taking ides, the me- diator listens to both partws and to reach agreement,'' said Ruel. If disputants are unable to reach agreement in mediation, they can move into arbitration "Arbitration is a proce~s in at a hearing before a person who isn' t a judge but who funct10ns as a judge, li stening to the evidence and making a ruling," explained to Allen, an as ocwte member of pla ined.

11 i th pam~. want relwf and thef wa ri t it 11s 1/UIC Iy ,1nd me.~pt•n

tion.

have

parties

disputing

the

"Most respondents are open to choosing mediation. Very few people want to wallow in conflict except those

agreed upon before the hearing .

this

timate

h

p!Jance rate

Ju tict

po, 1bit '

sn e/J

ll

l

n ,,n·cn Burg •r of

recommends

Allen

the court

much hPher tlia

the U.~

binding arbitration

tern

.'>11pn•m(' Court By Pat Stein Slaff W• ter

"Otherwise, why bother? What who would rather be right than

'Peopl are m ch more com- m1tted to what t Yve ..igreed to

resolved,"

conflict

a

have

acts as a catal) st in helping them you want when you go into ar-

bitratrnn is a chance to present Underell says.

\\ I-en they \ c ha

a part m the

The program's volunteer me- diators schedule an appointment that is convenient to both par- ties . during the day, evening or

your case and get a ruling so you can put the dispute behind you and get on with your life,·• she said addmg that in her experi- arb trators ha \ e been at least as competent as the ones I've heard

ob er ·e Dr Ohv1..i

prote s,'

Earlier

l'l en

Hue!, an En m1tas ps;i,chologi t and member of lw Acadcm) of

Iediato

F anul)

which each ·ide presents its case C'Icc • the rulings I've heard from weekend in a private setting.

Ruel and Encinitas attornc)

'A trained volunteer med1ator

the

created

lien

Eluab th

the way to resolve claims."

sides of

both

to

listens

orth County '\1 diation a nd Ar

dispute and asks what the par- ties want from each other The

in courtrooms."

b tratwn Center Even th u n of the profe

In bmdmg arbitration . the ar-

e 1s a memher

bitr''lrtor's decision ha s just as mediator will assist the parties

ion that stand

in reaching their own solutions,"

the Society of Professionals in much clout as if it had been

am the mo t when people u e

•

rendered by a judge. The deter- Underell explained.

fre-

\\ ho

cttle disputes, Dispute Re olution

to

the court

When agreement is reached, it is written down by the mediator and signed by both parties. Mediation 1s "complete!) con- fidentia l" and will 11ot result in police or court records, Ruel notes tha t one of the big ad\ an- tages of mediation is that "you have control over your own

quenll) serves as an arbitrator mma trnn 1s usually delivcf€d in

committed to mediation

\ !en I

JO days and takes the form of a

and arb1trnt1on as means of ma wide arr ay of cont rnversies.

An arbitration hearing is less brief statement giving specific

resolving conflicts.

d1 ections to one or both parties. Agreements reached in media- tion are not legally bind ing, ac-

formal than a courtroom hearing

I've een pco le pend thou; and of clol!Ms m legal fees and

is a certain

the re

and while

th<> and

deco rum , ther e a r en't all

t.11

their 1s ucs

end up with

the

but

to Under ell,

cording

evi dence

of

rules

olvcd after month or) ear·

unr

tec hnicalities that prcvai. m a Center for Dispute Resolution m

court

The

battle

court

of S)

that

reports

Colo.,

individuals may Boulder,

courtroom so

to

I n t de 1gnccl

ju t

tern

destiny."

through

reached

a reements

feel more comfor table presenting their own cases without an at- In ar bitrat10n , the burden of proof is not on one side more than the other, according to the American Arbitr ation Assoc ia- Arbitration can be binding or t10 n torney, Allen says .

be

handle things hke d1 pu•e

Allen points out that mediation

mediation a re much more li kely to be honored beca use both par-

O\ er common

t'l'. een ne1•hbor

than one

take more

usually

f nc • , edges p 11 king harking 1101 e encroac hment or any of the other thmg pt•ople fi nd to do

tics have participa ted in making meeting but that a rb tration can North Coast Media tion and Ar -

usually be concluded in one ses- sion "although there is no time limit and both parties have a

the decision .

Many people have said bea uty of alternative dispute they a re qmck , fair and incxpen- the r e~olution procedures is that

a id

today"

a bout

disagree

\ll en

then·

fu lly present

to

chance cases."

.. volunt a ry pro- d1 putmg pa rt1 e

238-1022