News Scrapbook 1988

San Diego, CA (San Diego C

Oceanside, CA) (San Diego Co. North County Blade Tribune 9 (Cir . D. 29 ,0:sl (Cir . S. 30,4

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'"i'~tors help unclog backed-up court system - ~s-.

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Out-of-court arbitration the 'wave of the future'

Conflict provides energy for positive change, author says

The events art• part of UCSD's ninth annual Earl Warren Sym- posium today and tomorrow. Honeyhcar Warren-Brien former U.S. Supreme Court Justice Earl Warren's daughtPr, will open the symposium. Then between 9 a.m. and noon, some 400 local high legal panel discuss "Should Bork and/or Ginsburg have been con- The panel will conR1st of Rich- ardson, Professor Harry Hirsch, Fourth District Court of Appeals Judg? Patricia BE,nke, Profe~sor Abr.i,,<1m Blumberg, .San Diego Municipal Court candidate Mary Franklin, attorney Alex Landon of Community Defenders, and Um- versity of San Diel;{o Law School events in the past f<•w years. Has the judiciary been put up for grabs? Has ii become more politicized, or has it alwayH been so?" said the event's organizer, Robert Horwitz, a UCSO communications professor and this year's din•ctor of UCSD's law and society program. "We've ~ecn RoHc Bird ousted, rejected and , Ginsburg remove his nominatio with the Bork school students will listen tu a firmed?" . . Dean Sheldon Krantz. . . "What's important about this 1s you'v<> had these extraordinary

vo former state Supreme Court ices of opposing views will 1te the impacts of the Robert k and Douglas Ginsburg odes tomorrow night in a free lie l~cture at UC San Diego. 1 rmcr justices Joseph Grodin Frank Richardson, a liberal a conservative, respectiv •ly, speak at 8 p.m. in Pf'terson Judges: How ~THE PATH I on "Judg- 1 ,Jerry Brown appointee and ousted last year along with Bird after heavy campaigning inst Bird. Richardson, cons,d- I a moderate Republican, s<>rv• 1e two will also act ah benators afternoon in u mock U.S. ate Judiciary Committee hear- over the confirmation of a U.S. rcme Court nomin1>e. Betty ,eler, 1 gal director for the San ;o chapter of the Am<>rican ,I Liberties Union,' and Gary ep, executive director of the . Justice Foundation m Escon 1, will also act as senator!!. CSD constitutional law Pro- •om 1974 to 1983. u I d W e : 0 s e O u r .e and Feder TO c1dges?" THE ,odin joined BENCH court in 1982

conducts

he

in workshops

SAN DIEGO - The conflict that appears to be all around us is an opportunity for growth and positive change, in Thomas Crum's view. An educator, philosopher, martial arts expert, businessman and author of a book on "The Magic of Con- flict " Crum takes the ap- pro~ch that conflict is not negative nor a contest, but is simply energy. "We have a choice to fight, flee or flow with this energy. Fight and flee don't work, so we have to flow with it - be willing to acknowledge it and dance with it," Crum explains An arbitration hearing is less formal than a courtroom hearing and while there is a certain decorum, there aren't all the rules of evidence and technicalities that prevail in a courtroom so individuals may feel more comfortable presenting their own cases without an at- torney. In arbitration, the burden of proof is not on one side more than the other, according to the American Arbitration Associa- tion. Arbitrati can be binding or non-binding, depending on what

munity Mediation Program Underell and her group orrer free crvice to help neighbors, friends, con umers merchants, employers, employees, landlord., tenants, developers, famihei; and even "treet gangs rei;ol ve dii;putes without going to court. Initinted by the Uniyersity of an Diego law cent r in 1983 as a p1 o rogram, Community Mediation claims a 90 percent agreement rate, according to Underell, and an 86 percent con:i- pltance rate. She estimates this is much higher than the court system. "People are much more com• mitted lo what they've agreed to when they've had a part in the procc ·,·• observes Dr. Olivia Ruel, an Encinitas psychologist and member of the Academy of Family :vled1ators. Ruel and Encinitas attorney Elliabcth Allen created the ·orth ounty Mediation and Ar bitration Center. Even though she is a member of the profession that lands to gam the mo t when people use the courts to settle disputes, lien is committed to mediation and arbitration as means of re. olving conflicts "I've seen people ·pend thou- sand ~dollars in legal fees and end up with their issues still

''1'ht• notion th ,t p,:ople 1t·1mt black-robt'd )udgt'lli, Wt'll-drt:lli. ed lawyer· and ffni'-pant'lt'd cour- troom tht' ·t-ttlng to re ·olve thtelr di. ·puti-s is 11ot correct. Pt-()p/e with probli-m , like people with p:rllls, want rt'llcf and they want It a quickly and lnexpt'n• lvt'ly a· po. . ~/bit'" - Justlct- Warrt:n IJlffl(t'r of the V. . ;S1111n•mt· Co111·t in human hi tory, connirt between md1vidual wen• re olvt•d im- ply: V1 putants would pick up their du ·ling p1 tols. tride 20 pare .,p,irt, tum and fin.:. ow we're mor · c1v1hied and in h•Hd oC a taging a hootout to •ttle disagreements, people take t•,1rh other to court As a re.·ult, th court y t m i clogg- d with an array of civil com• plamts 1t wa:n't de ·igned to htmdle. "Many tlungs have gotten into the <·ourts that simply don't b long tht•r . Very few Pt'ople r ally need their day in court. Most people Just want to b( heard and then t. ey're willing to ome to agre • ent," ay Liz Under •II, director of the Com- Staff Writ1•r ENCINITAS - E,irlier

across the country. Crum said he gives people the tools they need to "transform the experience or conflict from fear, frustration and resistance to harmony and opportunity." The martial arts principle of non-resistance is at the heart of his approach for understanding and dealing with conflict. "People who attack you usually have sized up that the attack will work for them. If you fight back, you become • See Conflict, Page C-2 have agreed upon before the hearing. Allen recommends choosing binding arbitration. "Otherwise, why bother? What you want when you go into ar- bitration is a chance to present your case and get a ruling so you can put the dispute behind you and get on with your life," she said, adding that in her experi- ence "the rulings I've heard from arbitrators have been at least as competent as the ones I've heard in courtrooms." , In b' ing arb' ration, th ar- the disputing parties

Photo / DOUGLAS R. CHILD Thomas Crum encourages the use of the martial arts prlnclple of non-resistance to solve conflicts.

unresolved after months or years of court battles. The court ·ystem just isn't designed to handle things like disputes be- tween neighbors over common fence , hedges, parking, barkmg dogs, noise encroachment or any of the other things people find to disagree about today," said Allen. Mediation is a voluntary pro- cess in which disputing parties meet with a professional media- tor to negotiate the terms of their own settlement, Allen ex- plained "Without taking sides, the me•

diator listens to both parties and acts as a catalyst in-helping them to reach agreement," said Ruel. If disputants are unable to reach agreement in mediation, they can move into arbitration. "'Arb1trat10n is a process in which each side presents its case at a hearing before a person who isn't a judge but who functions as a judge, listening to the evidence and making a ruling," explained Allen, an associate member of the Society of Professionals in Dispute esolution who fre- quently s es as an arbitrator in a wide array of controversies.

San Diego, CA (San Diego Co.) San Diego Union (Cir . D. 217,089) (Cir. S. 341,840)

nt 1~ 1·11C'-h,t•---'-, • t·he mediator When ngrecm b ·ilten down Y w1 . ned by both parties . . n is "completely co~· . will not result m and rt records. Ruel he big advan- . Media~\O (ldent1ul police or cou note. that on~ o~ t th· t "you tage o[ mteodi'at~~~/ yo~r own have con r destiQV." r::: SJn Diego, Calif. Southern Cro s (Cir. W 27 ,500) . and ig

re omuo•:, "''.'d~ 8 ;n Diego BBB crnment, sa1 a he BBB reports, Increasmg/~r~de Commission, "the Federa l as well as state att?rn~Y ge~~f!rneys and local diS t nct. . BBB arbitra- judges, are wntmg,.--'--" -- tion into consent pokesma~-

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5 1988

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£ ,r. 1888

Los Angeles, CA (Los Angeles Co) Times (San Diego Ed.) (Cir. o 50,010) (Cir . S 55,573)

APR 15 1988 D

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A University if *an....Qjego fraternity is ham:in w at mustoe the raddest live music show of the season, this Friday 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-surf music an ' will both perform. Dale, known 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 Sia Ponies reviewed here a few weeks ago: are creating their own version of modern surf music defined by The. Big Wednesday" surf stomp 1s ?e111g produced by the Sigma Chi fraternity. Tickets are available only at the campuses of USD or SDSU. b d thei · J d f t ' r w~, .ra party stage show.

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young adult conference scheduledat~ C LA PAR K _ The Office of AL A . · · · h d Young Adult M1mstnes is .ng a young adult comerence YoUl an , April

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

Don Bauder

agent linebacker Keith Browner, a San Diego Sports et Cetera former second-round pick of the Tampa Ray Buccaneers. Browner, who played at USC, is a 6-foot G-inch, 260-pound linebacker whom the Chargers say they also will use as a defensive lineman. rene College athletic director, will be on sabbatical for part of next year, the school announced.

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Dave Rolls hit his 11th home run and Chuck Graham and Mark Traf- ton each had three hits Wednesday as the Un~~g~ ol..,Saa. Diego with an 11-3 nonconference college baseball victory over UC San Diego at Cunningham Stadium. snapped a . e losing streak Tony Batt1lega (4-4), James Ferguson and Mike _Newbfy c 0 omSD bined on a seven-hitter or ( 18-24) UCSD, ranked No. 8 in NCAADivisionIII,fellto20-y l. .

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will

FOOTBALL

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ay

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En . I d "Connecuons,

. Ben Foster will be the actmg director in his place. Ted Anderson. varsity basketball assistant for past two vears, will take over Foster's 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.

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tanley C. Pace is a great chief executive. It's too bad he can't go out proselytizing. If American business would have heard Pace's message years ago, it would not find its highly leveraged head in a very threatening guillotine right now. In 1985, Pace became chief executive officer of General Dynamics, which was almost entirely involved in the defense/aerospace business, then 1 beginning to soften. a Outside directors asked if General t Dynamics, which had a good balance e sheet, might be wise to diversify by g acquisition. Aided by a management w consulting firm, Pace came up with c, a most intelligent answer: "We 0 1 concluded we should not diversify. br History shows that about one in five st acquisitions has been deemed all successful. And the people who an benefit are the shareholders of the Sb company being sold, not the shareholders of the company doing Se the buying." As a result, General Dynamics not - · 1 only remained in the ~ou 1defense/aerospace business, but sold e~ 1off the handful of its non- la defense/aerospace businesses, such 0 yoas San Diego's DatagraphiX. a~r Much of American business over itnd the last three decades has done just 0 the reverse: It has been on a highly ihay 'speculative acquisition binge that beeYchas destroyed companies, ballooned corporate debt, clobbered balance sheets, impaired U.S. productivity and competitiveness and handed Jesse Jackson - no friend of capitalism - a very powerful and valid campaign issue, "economic violence."

consist of speakers, wor s op~! be the liturgy. Bishop Leo T. Maher w main celebrant at the 3:45 p.m. Mass • Sl2 For reservations and The cost is · information call 574·6303.

Two San Dieguito High School football players ha, e 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.

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.

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Solana Beach, CA (San Diego Co.) The Citizen (Cir. 2 x W. 20,000) APR 131988

POINT LOMA NAZARENE Carroll Land, Point Loma Naza-

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~:~~!,;~;:~: the future in dealing with con- flicts on a personal an 1 i:or- should be direct negotiation be- tv.een the parties but when that doesn't work. ADR is certainly preferable to a long, expensive legal battle," she said. Already many industries have embraced ADR to speed up reso- costs. In 1983, the American Ar- bitration Association prepared a pilot program of dispute resolu- lion procedures to provide the insurance industry with a ••sim- pie, inexpensive and expeditious AAA reports that the program has shown that 42 percent of the cases concluded in settlement, that mediation 1s the preferred means of settling claims, that there was a savings of about $2,000 in legal expenses per case, compared to the expected cost of It was al o found that claims were proc, ,sed in an a trial "Of course, the first step lut10ns and control litigation services that are an11lablc in San Diego County and these can be obtained for a $2 postage and !li'orth Coast Mediation and Ar- bitration Center at 4401 Man- chester Ave., Suite 202, or calling 436 8392. The Community Medrn- t10n Program can be reached at handling fee by writing the average of 90 da}, Allen has compilrd a directory and abritration

~Ute "~~.m~?o~~:'u~~bea~;~:d-~~ a to be the 'wave of the future'

~~~½i!~:~\" /1rnJ<'r .imi finl' panclt-d rour l'ftlll ' to re ohe trooms a thc•Jr cli pute~ thl' i5 not correct )lllot l'eople 111th problems like people "1th p.1i11 11.int rc/1et and the;- want it 11- <1u1c IJ and 111expen

cal~u~~p~e

Community

the

dispute,

Imtiated by t e l.;mver 1tv of 'an Dlt'.l!O law ctnh:r in 198'l as a :\1ediation claim" a 90 percent progranJ Communitv

Mediation Program Will contact the third part) (whom th y refer porate level. '

respondent) and en-

to a· a

courage participation in media-

non bind,ng. depending on what

to meet with a professional media- tor to negotiate the terms of their own settl<'ment Allen ex-

accordmg , percent com-

a r<'ement Uncle rell and an pliance rate. S'1 is much h1ghl• rate 'People are m1tted lo what t wh n thev \ e ha j tern

hon.

have

parties

disputing

the

"'\Iost respondents arc open to choosing mediation. Very few people want to wallow in conflict except those

agreed upon before the hearmg

this

limatc

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Justice

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recommends

Allen

plained

th n the court

Warren Bur er of

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lhl

bindmg arbitrat10n

ides, the me-

' Without takmg

Suprcmt• Court By Pat Stein St ff Write

·Otherwise. why bother? What who would rather be right than

diator listens to both partws and to reach agreement." said Ruel. If disputants arc unable to reach agreement in mcdiat10n. they can move mto arbitration. "Arbitration 1s a process in at a hearing before a person who LSn't a judge but \\ho functions as

uth more com- v've agreed to a part in the

resol\'cd,"

conflict

a

have

act. as a catalyst m helping them you want when you go into ar-

bitratior is a chance to present Underell says .

proce ' ob~c .r Dr Ol1v1a Rue,, an Encm as psycholoeist mid m!'mber of he Academy of

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, adding that in her cxpen- rb1trators have been at least as competent as the ones I've heard

in

Earlier

Fanulj l\[('d1ators.

Ruel and Encinitas attornev which each side present:; it~ case cnce "the rulings I've heard from weekend in a private setting

"A trained volunteer mediator

th~

created

I eq

Ehzab<'th

the way to resolve claims "

sides of

to both

listens

orth County 1 dial on and Ar

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

a Judge, listening to the evidence m courtrooms •· and making a ruling," explained

b1tration Cent<:r

Ir binding arbitration the ar-

a member

Ev n th u h he I

1011 that starids to Allen, an associate member of bitrartor s decision has just as mediator will assist the parties

of the profe

in reaching their own solutions,··

th<' Socict} of Profess10nals m much clout as if it had been

g:11n the mo • wh1•n people use to settle disputes \Iler 1s comm1tt cl to mediation thr court

•

Underell explained.

n.ndered by a judge. The deter-

fre

Dispute Resolution who

When agreement is reached, 1t is written down by the mediator and signed by both parties. Mediation is "complete!} con- ftdential" and will not result in police or court records. Ruel notes that one of the big advan-

qucntly servrs as an arbitrator mination is usually delivered in

JO days and takes the form of a brief statement giving specific Agreements reached in media- tion arc not legally binding, ac-

nd arh1trat10n as nt!'ans of m a wide array of controversies

An arbitrat10n hearing is less

re olv1ng conflict .

formal than a courtroom hearmg d rections to one or both parties .

" vc seen people spend thou; ands of dollars in legal fees and

there 1s a crnain there aren't all the

and while decorum

, till

ues

t!lctr

end up with

I

the

to Underell. but

cording

and

e\'idence

of

rules

unrr oh eel after month or} car

tages of mediation is that "vou of mediation have control over vour ~wn

technicalitie · that prevail in a Center for Dispute Resolution in

court

fhe

.

battl

court

of

that

reports

Colo.

o individuals may Boulder.

courtroom

to

I n t designed

Just

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·

destiny."

through

reached

agreements

feel more comfortable pre,enting

b

d1 putc

handle' thm s hJ.:

their own ca e without an at- mediation arc much more likely

Allen points out that mediat10n

n neighbor over common

tv.

than one

take more

usually

to be nonored because both par-

torney, Allen says

Pat k ng barking

fenet , licdgl'

ties have participated in making meeting but that arbitration can

In arbitrat10n, the burden of not on one side more than the other, according to the American Arbitration A socia- Arb1trat10n can be bmdmg or proof i hon

do s, no1,e encroachment or any o( thP other things pcoplt• find to

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

the decision.

the

Many people have said

md

today

about

di agree

alternative dispute

beauty of resolut10n

lien.

tlicir

present

full~

to

chance cases.''

that

is

procedures

Mcd1at10n t~ a voluntar} pro m which d1 puling parties

2:!8-1022.

they are quick, fair and inexpen-

ce