Certification of Neutrals

Tom Girardi, the disbarred California attorney, best known for the $460 million settlement with Pacific Gas & Electric (think Erin Brockovich) and being married to Bravolebrity Erika Girardi (think Erika Jayne), continues to influence the California legal system, as well as legal systems in other states. 

As his cases have wound their ways through various courts, it became apparent that one of the reasons Girardi was able to engage in so many unethical actions was due to the complicity of various ADR professionals in California, mainly retired or former judges.  To counter that, California enacted Senate bill 940 which, amongst other things, creates a certification system for neutrals.

But is such a certification system actually a good thing?

In California, certification is optional.  It is tied into the applicable ethical standards for neutrals.  But the term “certification” implies more than just that.  It implies competence and quality.  But, as constituted, a neutral can become certified without even so much as arbitrating or mediating one case.  As noted in California’s Daily Journal, perhaps “registered” might be a better term.

Compare and contrast to my home state of Ohio.  The Ohio Supreme Court does not certify neutrals because research has shown that “there is no particular training or educational credential that ensures a good” neutral.

To read the article, click here.