Denouncing the fables of forced mediation

Judge Alex Kozinski is right, and this is one of the few times I agree with him. ("Court-ordered mediation often fails to deliver," June 8). Forced mediation is a joke and an insult to the lawyers involved. We all know alternate dispute resolution methods are available, and we all would like to resolve cases efficiently and quickly. However, we also know when it's possible and when it's not, and we don't need judges second-guessing us because they want to clear their calendars.

What needs to be written about more is the black stain on the judiciary caused by so-called alternative dispute resolution. As Justice J. Anthony Kline correctly pointed out, ADR is not necessarily quicker and cheaper. Some private arbitration fees are outrageous and some so-called neutrals are asking $4,000 to $9,000 a day to act as mediators and arbitrators - the vast majority being "retired" judges. It is no secret that the judiciary is becoming a revolving door to private resolution riches for some, while litigants lose all constitutional protections because of compelled contracts of adhesion.

Justice Kline has it right, and we all need to do more to prevent the slow erosion of our collective right to a jury trial and the integrity of the judiciary, despite the recent misguided decision from the U.S Supreme Court in AT&T v. Concepcion. The Legislature should prevent "retired" judges from acting as neutrals for 10 years after leaving the bench or lose their pensions. Alternatively, there should be a cap on what a "retired" judge may earn from the repeat business they get from the insurance industry.