Mediation
My mediations are handled in a flexible format, using
both the facilitative and evaluative mediation styles. In
facilitation, I establish with the parties in group
discussion and private caucus, the status of the case,
goals of litigation (if litigated), critical issues in dispute and how
they prefer to conduct the discussions. In evaluation, I
use private caucus to assist the parties in evaluating the
possible results at trial, the costs of obtaining each
result and the value of settlement. This includes
discussion of factual issues, legal issues, jury
composition, jury verdicts, expert witnesses and
credibility.
As a trained and experienced neutral, I meet with all parties to
help them negotiate a mutually acceptable resolution to
their case. As a mediator, I do not impose a decision on any
party, but rather assist them in exploring
options for resolution, typically focusing on the parties'
interests. The disputants retain total control of the
outcome. A mediation can often be set quickly and be
completed within a single day, making it considerably
faster and more cost effective than traditional litigation. All
mediations are conducted in accordance with the CDRC
Standards of Practice for California Mediators.
Arbitration
I offer our clients a choice of arbitration styles for
both binding and non-binding arbitrations. Binding
arbitration is final. It brings closure with very few
rights of appeal. Most arbitrations can be conducted within
a day, with some more complex cases taking more time. Even
though all parties to an arbitration conduct at least
limited discovery, it is generally considered faster and
more cost effective than litigation. All arbitrations are
conducted in accordance with the AAA Arbitrator Code of
Ethics.
The choice of style is may be decided by the parties and
their counsel, either prior to or during the hearing. Where
no specific request is made, we use the Standard
Arbitration format described below:
1) Formal Arbitration (Neutral bench trial): Counsel
for parties or parties in pro per make opening statements,
present witnesses and evidence, cross-examination of
witnesses is permitted, the arbitrator then asks any
necessary questions, counsel is permitted a closing
statement and the arbitrator takes the matter under
submission. The arbitrator will render an award within 10
days of termination of hearings.*
2) Standard Arbitration: Similar to formal
arbitration in agenda and award, but in a flexible and
informal discussion format, rather than a judicial
format.
* Note: The arbitrator will consider all applicable rules
of law and evidence as presented at the hearing. The arbitrator may, but shall not
be expected to, conduct independent legal research in
determining the award.
Special Settlement Hearings
&
Discovery Disputes
I work with the parties and/or their counsel to
customize an appropriate dispute resolution process to meet
their particular needs. Special Master sessions can include
elements of mediation, arbitration, litigation, and neutral
evaluation.
Special Master processes can include such things as
settlement conferences, provision of ongoing mediation and
referee services to assist in resolving discovery disputes
in complex cases, carrying out the terms of complex
settlements or those that require performance over a
designated period of time, Private Judges for private
mini-trials, or any other custom process the parties want
to design.
These hearings are
conducted in accordance with either, the CDRC Standards of
Practice for California Mediators or the AAA Arbitrator
Code of Ethics, as appropriate.
Neutral Evaluation
As a neutral with subject matter expertise, I can assist the parties through a Neutral Evaluation process in evaluating their claims and the supporting evidence. I offer an assessment of the merits of the case, can clarify the central issues in dispute, assist with discovery and motion planning, or even facilitate settlement discussions if requested by the parties. These assessments are not binding; however, equipped with this information, cases frequently settle during the NE or within a short time thereafter. NE may also serve as a cost-effective substitute for formal discovery and pretrial motions, while positioning the case for early resolution.
Areas of Expertise
- Business
- Personal Injury
- Landlord / Tenant
- Product Liability
- Insurance Coverage
- Homeowners Association
- Real Estate
- Legal and Medical Malpratice
- Product Liability
- Bad Faith
- Construction
- Homeowner /
Contractor
Pay With PayPal
For your convenience, we now accept credit card payments through the Pay Pal network. To make a payment, please click here: