In her last open forum with journalists in November, Cantil-Sakauye reiterated those concerns, and said the increase in private mediation and arbitration — pushing litigation behind closed doors and out of the public record — also threatened the evolution of California jurisprudence.But now, just a few months after retiring from the bench, Cantil-Sakauye is joining the private industry herself — signing on with ADR Services, which specializes in alternative dispute resolution in California.
She is also still in favor of more oversight and as a mediator will continue to advocate for oversight of the industry, she said — just as she advocated for oversight of lawyers as a lawyer and of judges as a judge. Cantil-Sakauye said she also still has concerns about the proliferation of private mediation and arbitration diminishing the ability of California law to evolve as it should through robust litigation in state courts. But, she said, “that train has left the station.”Cantil-Sakauye said she is not leaving her other, which she took in January upon leaving the bench.
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