[Dis-res] RDDR Summary (May 31 - June 11)

[Kelly J Niemeyer]

RDDR has been undergoing technical difficulties. Please forgive our
absence over the last two weeks. Your weekly RDDR case summaries will be
back on schedule and available every Monday morning for now on.
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Recent Developments in Dispute Resolution
Willamette University, College of Law
Center for Dispute Resolution
May 31 – June 11, 2004
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THIS WEEK:

1.      Arbitration: Arbitrators exceed their authority if they decide
issues in dispute not specifically raised prior to the arbitration
proceeding. (Pa.Cmwlth, May 26, 2004)

2.	Mediation: Mandatory mediation in child custody case can be bypassed
for good cause. (N.C. App., May 18, 2004)

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CASE SUMMARY:

1.     Arbitration: Arbitrators exceed their authority if they decide
issues in dispute not specifically raised prior to the arbitration
proceeding. (Pa.Cmwlth., May 26, 2004)

City of Pittsburgh v. Fraternal Order of Police, Fort Pitt Lodge, 2004 WL
1161401 (Pa.Cmwlth., May 26, 2004)

The City of Pittsburgh and the Fraternal Order of Police, Fort Pitt Lodge
(FOP) were parties to a collective bargaining agreement (CBA) that
contained an arbitration provision in case of disputes. FOP filed for
arbitration pursuant to the CBA in response to the City’s change in health
care provisions for current and future retirees from the force. FOP argued
that the City must continue to offer the current health care providers to
retirees. The arbitration panel ruled in FOP’s favor. However, the United
States District Court for the Western District of Pennsylvania vacated
this portion of the arbitrator’s award. The Commonwealth Court of
Pennsylvania upheld the trial court’s decision. It determined that the
specific issue of identity and number of current health care providers was
not listed among the FOP’s notice for binding arbitration. As such, the
lack of notice to the City of such an issue in dispute was beyond the
scope of the arbitrator’s authority. Therefore, the court vacated that
portion of the arbitration panel’s award. (KSK)

Full opinion available at: Westlaw.

2.	Mediation: Mandatory mediation in child custody case can be bypassed
for good cause. (N.C. App., May 18, 2004)

Kiser v. Kiser, N.C. App. LEXIS 839 (N.C. App., May 18, 2004)

A trial court bypassed mandatory mediation for child custody cases and
awarded primary custody of Misty and Brian Kisers’ two children to Brian
Kiser. Prior to the trial court’s ruling, defendant Misty Kiser requested
a waiver of mediation. Although this request was unanswered, the defendant
did not object to the subsequent trial court hearing. After the court
awarded custody to the plaintiff, defendant appealed the ruling by filing
motions objecting to the procedure. The Court of Appeals of North Carolina
affirmed the trial court’s denial of her motions and held that mandatory
mediation in custody cases may be bypassed for good cause. The court found
that in this case there was good cause because the defendant previously
requested a waiver of mediation and the case involved “allegations of
spousal abuse or domestic violence.” (MH)

Full opinion available online at:
http://www.aoc.state.nc.us/www/public/coa/opinions/2004/unpub/030765-1.htm

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Editor-in-Chief: Kelly J. Niemeyer

Writers: Mark Hogan, Katy Kellogg

Faculty Advisor: Richard Birke

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