Case Involved JAMS Neutral John Trotter’s Mediation Activities, Which Were Successfully SLAPPed.
In Chodosh v. Trotter, Case Nos. D070952/D070953 (4th Dist., Div. 1 Sept. 13, 2017) (unpublished), plaintiffs sued JAMS neutral John Trotter (a retired jurist from Orange County) based on alleged misconduct during a mediation. A defense SLAPP motion was granted based on the litigation privilege and mediation confidentiality provisions, with the trial judge also awarding mandatory SLAPP fees to Justice Trotter.
Losing plaintiff appealed, to no avail. With respect to the fees award, plaintiff did not even address it on appeal such that any challenges were deemed waived. The affirmance on the merits ended things, at least for now.
NOTE: Co-contributor Marc Alexander posted on 9/15/17 about the mediation confidentiality issue in Chodosh in the California Mediation and Arbitration blawg.