|Address:||1601 Bayshore Blvd., Suite 301|
|Burlingame, CA 94011|
|Telephone:||(650) 348-1216||Fax:||(650) 343-6084|
|Fees:||$300 per hour|
|Attorney: x||Non-Attorney Professional Mediator/Arbitrator: Retired Judge/Justice:|
|I have been mediating since 1983.|
|II have approximately 165 hours of formal mediation training. I have received mediation training from ADRA, Steve Rosenberg, The Court of Appeals, Peninsula Conflict Resolution Center, and teh California Associationof Realtors; additionally, I have attended ADR training sponsored by the County of San Mateo Court System and lectures using Pepperdine University techniques and materials. I am constantly reading about mediation techniques. I read appropriate ADR case law on a monthly basis, and I attend ADR Section meetings of the san Mateo County Bar Association. I was chairperson of said section for several years.|
|I have been acting as an arbitrator since approximately 1970. I am experienced in business, real estate, probate, construction, contract and partnership arbitration.|
|I have had formal training in connection with this technique of settling disputes by a panel of judges from San Mateo County. Since 1996, I have performed serveral formal neutral evaluations of disputes. Please see below for my comments generally on this procedure.|
|Subject||Personal Injury:||x||Employment:||Business:||x||Real Estate:||x|
|Matter:||Legal Malpractice:||Public Agency:||Probate:||x||Construction:||x|
|Product Liability:||Landlord-Tenant / Neighborhood:||Dental Malpractice:|
|Foreign Language(s):||Intellectual Property/High Technology:|
|Graduated from Hasting College of the Law in 1965, with honors (including Law Review Editor and Writer, and Order Of The Coif, scholarships).
Graduated from Menlo College in 1960 with A Bachelor of Science degree in Business Administration, (with honors and a major in accounting).
|It depends upon the circumstances. When all parties are represented by counsel, I tend to be directive (subject ot the whishes of the parties and their counsel). I am directive even with in pro per people, however, I use great caution in these situations; for example, I often require that any settlement will automatically be null and void unless approved by legal counsel.|
|I prefer actual testimony in most cases as opposed to offers of proof. There is no question that sometimes offers of proof are desirable. I do not require that parties follow the rules of evidence unless their arbitration contract so provides; I do follow the rules of evidence in connection with judicial arbitrations. I start with the basic arbitration agreement and then I do a conflict check and the required disclosures. Depending upon the circumstances of the dispute, I may have one or more telephone conference calls with counsel. I like written briefs 5 days before the arbitration date.|
|I like all parties to be present. I will, of course take offers of proof. It is often helpful if there is a full disclosure of documents, etc. in advance of the heraing; I attempt to have counsel enter into voluntary discovery several days before the hearing. At the heraing, I consider all of the evidence and I provide an opinion, which considers the evidence, the law, and the reasonableness of the various posittions and the demeanor of the parties and their witnesses.
All parties must be represented by counsel. I have been performing neutral evaluations since 1988 even before the process was so designated. I find that few cousel desire a pure form of neutral evaluation. Most counsel and their clients seem to prefer mediation combined with a neutral evaluation; neutral evaluations are more formal than mediations; there are no ex parte contacts with the neutral, and a detailed written statement is desirable.
There are times when I am called upon to perform a purely facilitative mediation (which is, in my opinion, 180 degrees from a neutral evalaution). There are other instances when I have been retained to perform a solely neutral evaluation. The ability to accurately evaluate and communicate the strong and weak points of a dispute are necessary if one is to perform neutral evaluations, or for that matter, to be an effective mediatior. If the parties and their counsel desire, I will attempt to \"mediate\" or to otherwise resolve the dispute.
|I stopped litigation approximately frour years ago. Since that time, I have developed a full time ADR practice. Most of my practice involves directive mediations. I enjoy assisting people in the settlement of their disputes.|
|During my 40 years as a practicing attorney, I have been involved in most of the areas of the law. I graduated from Hastings in 1965. I was a law review editor and Order of the Coif. I have had extensive mediation training and I perform approximately 60 mediations per year. I have chaired various local bar committees, including the ADR committee. I am presently a member of the Board of Directors of the San Mateo County Bar Association.|