March Mediation News from Thomas P. Valenti, P.C.

Thomas Valenti, P.C.

March 2009

March Mediation News
From Thomas Valenti, P.C.

What is Mediation?

Mediation is a process in which a neutral and impartial third party (the mediator) facilitates communication between negotiating parties which may enable them to reach an agreement. Mediation is an efficient and cost effective method for the resolution of both simple and complex cases.

"Try never to ignore or talk away someone's perception. Instead, try to understand where it is rooted."

- John Paul Lederach

Mediators Beyond Borders: The Work Continues at the "Katrina Project"

Mr. Valenti recently return from New Orleans to participate and speak at the Katrina Project through Mediators Beyond Borders (MBB). This was a forum to plan future projects and activities and discuss global conflicts. MBB will be forming concrete plans to travel and work in Ghana and Liberia, Louisiana and Mississippi, Zimbabwe, Nepal, Colombia, Kosovo, Ecuador, and with Indigenous Youth in Canada and the US.

As a MBB Hurricane Katrina Project Leader, Mr. Valenti spoke to the participants on Friday, March 6th. For more informaton about MBB, visit http://mediatorsbeyondborders.org.

Click Below to Learn More About Mr. Valenti

From Our Blog...

7th Circuit Affirms $80K Sanction: If Lawyer Can't Pay, Bankruptcy Is Next Step

Known for his sometimes-blistering views on attorney competency issues, Judge Frank Easterbrook of the Chicago-based 7th U.S. Circuit Court of Appeals takes something of a kindly tone, initially, in an opinion today upholding an $80,000 sanction against an impoverished attorney.

But, writing on behalf of a three-judge panel, Easterbrook nonetheless finds that a lawyer who pursued litigation over a labor union election based on a number of "fanciful" allegations is responsible for the defendants' legal costs.

An argument by attorney James Gordon Banks that he has only $2,000, his clothing, his watch and his wedding band-and no malpractice insurance-is irrelevant to a claim for sanctions for vexatious litigation under 28 U.S.C. § 1927, the judge explains. Although a lawyer's ability to pay is properly taken into account in a sanctions award under Rule 11 of the Federal Rules of Civil Procedure, it is not considered under Section 1927 because the fee-shifting statute essentially makes vexatious litigation a type of intentional tort.

"The hottest places in Hell are reserved for those who in time of great moral crises maintain their neutrality."

- Dante Aleghieri

Absent Valid Power of Attorney or Guardianship, Wife Cannot Bind Husband to Arbitration Agreement

The California Court of Appeal held that without either a power of attorney agreement or an appointment as guardian or conservator, a spouse cannot bind their partner to an arbitration agreement. The representations of a spouse to a third-party regarding their ability to enter into contractual relationships on their partner's behalf are insufficient on their own to bind a martial partner to an arbitration agreement.

In Tolbert ex rel. Tolbert v. Danmar Retirement Villa, Inc., No. B207984, 2008 WL 5394108, (Cal. Ct.. App. Dec. 19, 2008), Tolbert brought a personal injury lawsuit against Danmar, a residential care facility. Tolbert, suffering from Alzheimer's disease, resided at the Danmar facility. The suit was brought through his wife as guardian ad litem.

Danmar filed a motion to compel arbitration on the basis of an arbitration agreement signed by Tolbert's wife. Tolbert opposed the motion on numerous grounds including that Danmar produced no evidence that his wife had legal authority to bind him to any arbitration agreement. The trial court agreed.

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"Difficulties are meant to rouse, not discourage. The human spirit is to grow strong by conflict."

- William Ellery Channing

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