California Court of Appeal

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Bowers v. Raymond J. Lucia Companies, Inc., D059333

In a case in which a settlement agreement resulted in a binding mediation award in favor of the plaintiffs, the judgment is affirmed, where: 1) there was substantial evidence to support the trial court's determination that the defendant agreed to the binding mediation procedure utilized; 2) the binding mediation provisions in the parties' settlement agreement were not too uncertain to be enforceable; and 3) binding mediation is not a constitutionally or statutorily prohibited means of waiving jury trial rights where the parties have agreed to settle their dispute in a nonjudicial forum.

Appellate Information

  • Decided 05/30/2012
  • Published 05/30/2012


  • McConnell


  • California Court of Appeal


  • For Appellant:
  • Higgs, Fletcher & Mack, Thorsnes Bartolotta McGuire