Judges Roundtable: Where is California Asbestos Litigation Heading? Part Two

JUDGE BEA: Is there some reluctance by plaintiffs' attorneys to enter into arbitration and mediation because most of the judges in that business are former defense attorneys?

JUDGE KAWAICHI: I believe most plaintiffs, plaintiffs' lawyers, and criminal defense lawyers have shown some reluctance to using arbitration and mediation. They place more faith in the group decision-making process than in the single person decision-making process.

Yet, many misconstrue the role of a mediating judge. A mediation does not involve any decision of the mediator. The mediator's role is to facilitate the decision of the parties as to …