News Scrapbook 1988

San Diego, CA l (San Diego C

.Jll~11 '•

P. C. B

E,r. I 888

, '

Meu1cuion j

that mediation than one bitratton can .

•

~,

_.,

•. ~•

Allen points out

•

ta ke more

Jud~:o~ 1Continu

ll

u ua Y

meeting but tha{ in one ses- u ually be conhc there is no time sion "althoug ties have a iimit and bo{thll pa;resent their

n

•

Id have run

likelihood that he :ou into other troubles. .

from Pa

u Y

to

chanc cas s "

Just a

ha

. . CCI I n

t

that

.

·

tive dispute

h1trar o if it ha

l al nommat1on

. ht int.o that rofessor Bernie .

Another

Allen sees altern~'the wave of resolution (~DRd) aling with con-

OC

eday flt rig

t

w

may som

k s the form o a . ·ng ·p cihc

ea nal and cor-

the future m flicts on a ,perso

mm

cast: to th Ninth Siegan's n~ma ion als has drawn Circuit Court ?f Appe f m the Alli formidable cr_1t1c1smd t~: Center for r r Justice an h ance ,_o p bhc Interest. T ey Law m the u "far

I

10 day and tu

step

first

the

porate level.

brief . t tcm nt_ !:V~oth partie · dir. tion to one uch din media-

ration be-

course,

"Of

•r. rn nt r

hould be dire~t nbeugto w1hen that

I h' ding ac- al 'I 11 10 but' the ltt•solution m • t

lion ar • not I

rues

h

DR is certainly

twc n t e pa

Under

,

t

0

cor 111

advocates a • · m"

doesn't work, A 1 ng expensive preferable to a o -c1 legal battle," she _sdu~tries have

S .

and

iegan

charge

that

reports

ent r for 1!1, pu Boulder, ai,trePm nt m d1 t1on . re 0 0

nghtest judicial _a~t1~1~ "

through

:uch d

al rev1s1oms ly , to ·c is part1cu ar · - J

t·

.

"constitu ion "This year 8

d up reso-

Already many 10

r~uch more likely

both par· embraced ADR totspoele litigation

.

ovost

pi

,

Photo , DON MOHR

A

con r

and

.

to b, honored _b cawd, . malung

I " said David Wong,_pr . • /""I

~~c!sn·s Warren College.

r

83 the American

lut1ons

in

have part1c1patc

t ·1

~:~[;~in

Elizabeth Allen are the and Arbitration Center.

/4..-,

repared a

. n

In 19

cost

• .

Psychologist Ollvla founders of the North

bitration Assoc1~t~1s:Ute resolu- pilot program o to provide the insurance mdustrind expeditious ple inexpensive ,. tion procedures with a "sim

. aid

th 'l.d

.

It rnativc d1. pu e

n

beauty ol n th •y arc qui

that

is

·cdur

ne day's notice.

.

r. olut1on Pr:i\air and mexpen•

Diego offices on ~ilcd a directory Allen ~as l om J abritration of mediation ~; available in servic';s thJJuity and these can San Diego f 2 postage and bt ·ned or a . h be o a1 l Y "Tttmg t e di . g {Ee J han m t M diat1on and Ar· North Coas at 4401 :'.\1an- bitration Ccnterte 202 or calling chester Ave., sui · ty ~edia- Th commum · 436-8392. e be -reached at tion Program can / 238-1022.

. on a case-by- referring d1spu esBBB " case bassis to v:e feel more com· For people_w 0 a •udge making £ortable havmg ,; the "rent-a- the ruling, there f Judicial Ar- judge" program~ediation Ser- b1tration ~ nd San Diego. Stafl~d vices, Inc. 10 . s JAMS will by retired J~dle ; binding and •chedule media ion 't· n settle- . d. g arb1tra 10 , d non-bm m trials an m ent conferences, - their San . otions m hearings on m t

•

esolve claims.

• t

h Ip ettl community will contact .

l ive

that the program t £ the

t

way o r

11 d upon to c

•

Wh n c 11

AAA repor s

h

th l 42 percen o

t

dispute•

P~:

II

they refer has hown l ded in settlement,

Mcdi.1t1on Prograhm

preferred

h

.

ca. s cone u

(w om

t

that med1at~t~ll~g t ctims, that

'/pondentl and den ticipution in me ia nd nts are open to eople want epxc •pt those po I w·

th1rda

th

avings o£ about per case.

of

mean

to a

there was a 5

courage pur

$2,000 in legalthexpcexnp:~sted cost of

t1on

d that in an

e

pared to

"Most r m d1ation. Very e to wallow tn con{llctb Ould rather

also foun

com

;:le~

a trial. lt was rocessed

r1'ght than r solve ' d ,.

(much less settlement, ears) and that

were P

claim

average o{ time than a 11

conflict

w11:~ w a

11

volunteer me• which could ta 1 k~ Y was for about tmenl c aim the average

say · , 1 'hc pro •ram

Under(•

h d le an uppom

susines. Bureau

10,000.

u • nt to both par·

c

d1ator

The Bt!lterN f nal Consumer

vcning or

th l is conv~t day t1 s, dunng

·val~ setting. in plac~ w~?!et~~i~c~ ~~tunteer mcd 1 ia~~~ Arbitration Pro:itrate all kmdi both sides o ince 1972 to ar . utes Ii. l •n. to ks what the par• of murkelpladce d~sp ma~ketplace di putc ant am ~uch other. The "Thousan s boe·1ng arbitrated ti ~ant i:o ·s1 t the partie d utes are . s mediator will a . olutions ,. isp Business reco~mze tn reaching th ir own ' every ye~r. f alternative dispute II plum d the wort o o does gov- Under. ex t' is reached, it re ·olutio~. anddS san Diego BBB Wh('n agdreemebny the mediator ernment, sa1 a Wr ·1ttcn own . is both parties pokesman d 1gn d by 5 • e BBB reports, n . i ••completely con- lncreasmgllyT, tahde Commission. Med1al~!onnd will not result in "the Federa r eral as well as hdentla II records. Ruel gen police or court[ the big advan· ·tale att~rney attorneys and notes that on~ o is that "you local d1str1ctT BBB arbitra- tage of med1at1on ur own tion into consen ;d~e~s~ti~n~y~.':' ----:-:-::-=-;.:;:----=,======,:==~~~\geles, CA = =-------:---,~os Ahgeles Col ::,.:,n U•ego, C.:il l,t . Times Southern Cross (San Diego Ed.) (C ir. w 27 ,500) ha had a a '°ram have control over yo

l Kar. Cl\ no.ego eo.i 1 M

s,..u:foanbe,:

judges, are wn irgorders or are-------,

• APR 15 1988 D

(Cir. D 50,010) (C ir. S 55 ,573)

•

APR 15 1 88 .}Wen's P. C. B ,, ,, young adult conference scheduled at USD LCALA PARK~ Offi~e ~f A and Young Adult Ministries •_s - un adult conference Apnl /Youth -

1 1 B

A University of ~ego fraternity is ho·miwwnat musfoe 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 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 music, defined b he . Big Wednesday" surf stomp 1s bemg produced by the Sigma Chi fraternity_ Tickets are available only at the campuses of USO or SDSU. k their wild frat part t h y T " . Y s age s ow.

'"Sign Free-Agent Linebacker Keith Browner

t C t

S s n Diego ports e 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 assistant for past two years, 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.

COLLEGE BASEBALL

The Ch~l~aS: signed free- agent linebacker Keith Browner, a former second-round pick of the Tampa Bay Bucca .eers. 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. Three or 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.

e era

a5St Universityof

ponsoOnngaS}O mg 23, I a.m.· P·

·•

Dave Rolls hit his 11th home run and Chuck Graham and Mark Traf• ton each had three hits Wednesday as the Un~;r~ of~a11 Diego with an 11-3 nonconferencecollege baseball victory over UC San Diego atCunninghamStadium. snapped a - e losmg streak Tony Batt1le~a (4-4), James Ferguson and Mike Newby com- bined on a seven-hitter for U~D (18-24) UCSD, ranked No/ 8 m NCAA Division III, fell to 20-11. .

,,

.2~

San Diego.

will

d

FOOTBALL Two San D1eguito 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

Enutlcd "Connections,

k workshops and a will be the consist of spca ers, liturgy. Bishop Leo T. Maher main celebrant at the 3:45 p.m. Mass . d The cost is $12. For rescrvauons an....-- information call 574-6303.

I I Stanley c. Pace Bucks trend Pace: GenDyn consolidates Continued from D-1 development or capital expansion. Remember, I said it. Pace didn't. But because Pace's General Dynamics is going to spend 100 percent of its money and effort in a flat (or worse) industry, and because the Pentagon is demanding more fixed-rate contracts as a result of earlier scandals (greatly involving G~neral Dynamics), the company will have to be sharper in bidding with its competitors - one reason Pace is happy that his executives spend 100 percent of their effort in one industry. The company will have to ride herd on costs - and "there 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

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

POINT LOMA NAZARENE Carroll Land, Point Loma Naza-

.Jlllo. ', ,. C. a

far. I Bal ~-~~!!!~~~,"~"" .!~.,,!? bllick. robed jurl 1 C~ well dre ed court and fine µanded cour Imt!ated by tbe Univers1t\ of

a 1 _ ck~dd-~.P court ~,~~!,!,...,,""" When called upon to help settle resolution (ADR) as "the wave of the future in dealing with con- dispute. the Community a

0 u 1 ntclort gb_b 1 U -0 -cou ar I ra ,on sa, to be the 'wave of the future I

/ 111yer troom~

cor• step

flicts on a personal an

Media_tion Program will contact the third part} (whom they refer porate level.

an Diego la\\ center in 1483 as a :\IediatJon claim · a 90 percent ptlol program C'ommuruty

the ~tll11g to r<'~OIH· not C'lrrect I

.

their d1,p1Jte

first

the

"Of course.

respondent) and en-

to as a

l'eop/i• with problems likl! peoplt' with pam , 11.1t1t relief and they want 1t ,, qwckh and mnpcn

should be direct negotiation be- tween 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- tion 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 S2,000 in legal expenses per case, compared to the expected eost of a trial. It wa,s also found that ela1rns were proc('ssed in an average of 90 days Allen has comp11ed a directory services that are available in San Diego County and these can be obtained for a $2 postage and bitration Center at 4401 Man- chester Ave ., Suite 202, or calling 4:36-8392. The Community :\-1ed1a- tion Program can be reached at lutions and control litigation of mediation and abritration handling fee by writing the

courage participation in mecha-

non binding, depending on what

to meet with a professional media- tor to negotiate the terms of their own settlement, Allen ex- · Without ta kin" ides the me- diator listens to both partles and to reach agreement." said Ruel. If disputants are unab,e reach agreement m medi tion, they can move mto arbitration 'Arbitration 1s a prot·ess in attorney which each side present its case at a hearing before a person who the this plained. reed to

according percent com

agreement Undercll, and an I) r le

tion.

have

parties

disputing

the

" lost respondents are open to choosing mediation. Very few people want to wallow in conflict except tho8e

agreed upon before the hearing.

timate

rate Sh

pllanc

ib}( •·

Ju tic{'

pc,

,n·c/y a

recommends

Allen

l an the court

Unrrcn Bur er of .'i11prl'ml' Coi.i t.

1s much h1ghe

U.S

th(•

bmd ng arbitration

y ten..

By Pat Stein St ff Wiler

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

uch more com-

' People are

resolved,"

conflict

a

have

acts as a catal~ st m helping them you want when you go into ar-

m1ttcd t what th,) ~e t1 when they \ c had

bitration is a chance to present Underell says.

part m the

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

to 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-

ob Pr\e Dr Oli~1a

proce s,

Earlier

m Hue!, an Ennm a-, p ycholog t ,ind member of he Academy of

Fam1ly \[ed1, to s.

ence "the rulings I've heard from weekend in a private settmg.

Hue! and Encm1ta

\ them. That's what management will be doing.

"A trained volunteer merliator

arbitrators have been at least as

created

Elizabeth Allen

the way to resolve claims."

sides of

both

to

listens

1sn 'ta judge but who functwns as competent as the ones I·ve heard a Judge. listening to the evidence m courtrooms:·

orth Counti, M d ation and Ar-

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

bllratwn Center

In brndmg arbitration. the ar-

and making a ruling," explained

he 1s a member

Ev n th

to Allen, an as ociate member of hitrartor s decision has just as mediator will assist the parties

1011 th t stand

of the profe

in reaching their own solutions '

the Society of Profe sionals in much clout as if it had been

gam the mo l when people use

•

Undercll explained.

rendered by a judge The deter-

fre-

\\ ho

Di ·pute Resolution

cttle disputes

to

court

th

When agreement is reached, it is written down by the mediator and signed by both parties. Mediation is •·completel} con- fidential" and will not result in police or coJrt records . Ruel notes that one of the big advan- tages of mediation is that "you that have control over your own the

q.iently serve· as an arbitrator mmat.on b usually deliver€d in

\lien 1s comttutt •cl to mediat10n and arh1tratlon as mean of I ve ~ecn people spend thou- nd of dolla1 m lei;,al fees and re olvme conflicts

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

in a wide arrav of controversies An arbitration hearing ts less

formal than a courtroom hearing directions to one or both parties .

is a certain

there

and while decorum,

the and

there aren't all

their 1 ues still

end up with

to Undcrell, but

cording

nidencc

of

rules

lime olved after month or year

technicalit1e · that prevail m a Center for Dispute Resolution in

court

. The

battI

court

of

reports

Colo,

individual: may Boulder.

courtroom so

to

I n t designed hkc d1 putc

ju t

) tcm

destiny."

through

reached

agreements

feel more comfortable pre enting

be

h, ndlc th ng tween neighbor fenc( , hedge

Allen points out that mediation

their own cases without an at- mediation are much more likely

o, er common p 1rkmg, barkmg

than one

take more

usually

to be honored because both par

torney, Allen says .

tics !'ave participated in making meeting but that arbitration can North Coast Mediation and Ar-

In arbitration. the burden of proof 1s not on one side more than the other, according to the American Arbitration Assoeia Arbitratwn can be binding or tion.

dog • noisi:- Pncro,ichrr ent or any of lht other thmg people hnd to

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

the dPcision

Man, people have said bcaJty of alternative dispute they are quick, fair a nd inexpen- the rc,:;o!ution procedures is that

aid

today,'

about

dt agree

Allen

their

pre cnt

full~

to

chance cases."

vonmtar) pro-

lcdiat10n is

238-1022.

ees m which di putmg parties