 NEUTRAL
PROFILE INFORMATION
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Neutral Training |
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Arbitrator training
courses conducted by the American Arbitration Association from
1982 to present, including basic and advanced courses in
arbitration case management techniques for large, complex civil
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AAA mediator
training, commencing in 1986 |
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Mediation and the
Law ( Gary Friedman), 1991, 40 hour process course, two
negotiation ( basic and advanced) week-long courses at Harvard
Law School (Roger Fisher and Bruce Patton) in 1990
and 1994 |
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Experience as Neutral |
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18 Years
Cases: 1,200+
Served as ADR neutral in excess of 1,200 cases since 1987. including
multi-party construction defect and contract matters, real estate
cases involving buy-sell agreements, agent/broker fiduciary duties;
insurance coverage, business (contract, misrepresentation), employment
(discrimination, sexual harassment and whistle-blower issues);
personal injury, professional negligence |
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Neutral Practice Area(s) |
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IAppellate;
Business/Litigation; Civil Litigation; Commercial;
Corporate/Enterprise; Ethics/Professionalism; Plaintiff; Defense;
Litigation; Transactional; Insurance; Labor/Employment; Personal
Injury; Property/Real Estate; Trademarks/Copyrights |
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Co-Mediation Experience |
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Representative Cases |
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SAMPLE CASES AS
MEDIATOR
Mediated cases include commercial
landlord-tenant (R&D complex) dispute involving reciprocal claims of
$8 million, resolved with extension of long-term lease at reduced
rent; multi-party insurance claims relating to defective paint/finish
on several hundred doors in federal public housing project, resolved
after exchange of information by expert witnesses; shopping center
owners' dispute relating to equity interest and consequent
disagreement regarding profit distribution; several hundred
multi-party mediations involving non-disclosure issues in buy-sell
agreements relating to residential property; wrongful death claim by
family of employee shot to death at work by co-employee/lover; sexual
harassment and age discrimination claims by waitresses against
restaurant owner and shopping center management and owners; sexual
harassment and wrongful (constructive) discharge by legal secretary
alleging quid pro quo conduct by lawyer/employer; wrongful
failure-to-promote claim by naturalized citizen alleging
discrimination; reciprocal claims by property owners and contractors
relating to non-payment and defective work; discrimination claim for
failure to rent to single mother, a university professor, with a young
child; personal injury claim against public transportation agency for
severe damages suffered by elderly woman when bus driver refused to
wait for her to sit down; claims relating to toxic waste remediation
between public agency and property owners.
SAMPLE CASES AS ARBITRATOR
Arbitrated cases include contract disputes
between public and private property owners, contractors, architects,
material providers and insurance companies; professional malpractice
claim against architect by hospital for alleged design errors leading
to cost overruns of $21 million; numerous fee arbitrations under
mandatory state bar and voluntary programs between attorneys and
clients; wage claims by employees alleging failure to pay commissions
or underpayment upon termination; wrongful termination claims.
ADR TEACHING EXPERIENCE
Adjunct law professor in mediation,
arbitration and ethics for neutrals at Santa Clara University School
of Law, Lincoln Law School of San Jose, UC Santa Cruz, Extension, as
well as guest lecturer at Stanford, USF, Boalt, Hastings and Golden
Gate law schools. Presenter for state and local bar associations on
lawyer advocacy skills in arbitration and mediation, and for the
Mediation Center of the Santa Clara County Office of Human Relations.
Presenter of seminars for corporate and law office training.
PROFESSIONAL ASSOCIATIONS:
Chair -(2002) of the State Bar of
California Standing Committee on ADR, former President of the
California Dispute Resolution Council (CDRC) and former board member
of the California Dispute Resolution Institute; member of Association
for Conflict Resolution (formerly the Society for Professionals in
Dispute Resolution), the Northern and Southern California Mediation
Associations, the Mediation Society and a former trustee of the Santa
Clara County Bar Association (chairing that association's ADR Section
executive committee on numerous occasions).
Member, Judicial Council Blue Ribbon Panel of Experts on Arbitrator
Ethics, appointed by Ronald M. George, Chief Justice of California.
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Philosophy |
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Facilitative, Evaluative, Predictor of Jury Verdict, Decision Maker
I believe in the right
of the parties to control the mediation process as well as the
ultimate result. Control of the process includes the right of the
parties to select a mediator who meets their needs, whether that need
is for facilitation of communication, for reality testing, for
evaluation of a case's merits, or any combination of these. Parties
should fully understand the consequences of their agreements, which
means they must be informed as to the facts and the legal issues. I
explore these needs with the parties and counsel, and reach agreement
as to my role, before beginning the mediation process. |
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Special Requirements/
Comments |
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Settlement Conference
Judge Pro Tem since 1990; Judicial Arbitrator since 1989. C.V.
available upon request. |
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Judicial Arbitration to
Mediation |
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