Is the Ontario Court of Arbitration for the Ontario Superior Court bound by statute to arbitrate claims for malpractice, breach of contract, and intentional infliction of emotional distress?

California, United States of America


The following excerpt is from Roldan v. Quintilone, G044097 (Cal. App. 2011):

In his reply to plaintiffs' opposition, Quintilone declared that "[i]n at least one of the cases I have mediated with the OCBA, claims for malpractice, breach of contract, fraud, assault, harassment, property damage, and intentional infliction of emotional distress were mediated." But mediation is different from arbitration: Mediation is a process aimed at reaching mutual agreement, while arbitration is one in which the parties "'hav[e] a resolution imposed upon them by an authoritative third party.' [Citation.]" (Saeta v. Superior Court (2004) 117 Cal.App.4th 261, 270.) Quintilone presented no evidence or authority giving the OCBA jurisdiction to arbitrate any claims other than fee disputes. Nor does he do so on appeal.

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