MAP Background Information provided
| Name: | David M. Miller | ||||
| Address: | P. O. Box 6721 | ||||
| Moraga, CA 94570-6721 | |||||
| Telephone: | (925) 300-9510 | Fax: | (925) 396-6196 | ||
| Email: | dmiller@millermediation.com | ||||
| Fees: | $350 per hour | ||||
| Other Costs: | Actual costs, without markup (I don\'t bill for mileage) | ||||
| BAR Number: | 0000000 | ||||
| Attorney: x | Non-Attorney Professional Mediator/Arbitrator: Retired Judge/Justice: | ||||
| Mediation Experience: | I have mediated more than 120 cases ranging in time from several hours to multiple day sessions in complex cases, in a variety of subjects, including construction defects and claims; real estate; business/contract disputes; insurance and bad faith; employment; and personal injury. I also serve as Special Master in contruction defect cases. |
| Mediation Training: | Certified Arbitrator, Council of BBB Auto Line Program (12 hours), April 2003 Mediation Training, Mediation Offices fo Steven Rosenberg (40 hours), October 2002 Commercial Mediation Training, Professional Mediation Associates (40hours), May 2001. |
| Arbitration Experience: | I have conducted approximately twenty arbitrations, primarily regarding lemon law automobile warranty claims. |
| Neutral Evaluation Background: | |
| Settlement Conference Experience: | |
| Subject | Personal Injury: | x | Employment: | x | Business: | x | Real Estate: | x |
| Matter: | Legal Malpractice: | Public Agency: | Probate: | Construction: | x | |||
| Medical Malpractice: | x | Environmental: | Insurance: | x | Securities: | |||
| Product Liability: | Landlord-Tenant / Neighborhood: | Dental Malpractice: | ||||||
| Foreign Language(s): | Intellectual Property/High Technology: | |||||||
| Accoutings: | Conservatorships/Guardianships: | Wills/Trusts: | ||||||
| Other: Consumer Waranty/Lemon Law | ||||||||
| Other Education: |
U. C. Berkeley; Political Science; 1984-1988 B. A. McGeorge School of Law; Law; 1989-1992 J.D |
| Mediation Approach: |
I spend the amount of time I think is necessary getting a sense of the parties\' positions, arguments and support for those positions. I start out facilitative, particularly while gathering data, understanding the parties\' position, and letting them argue their cases to each other and to me. During that time I build rapport with the parties, and start to gauge whether altering my style will have a positive impact on resolution. I generally convert to a more evaluative style later in the mediation, depending on my perception of the needs of the parties and the subject matter of the litigation. |
| Arbitration Approach: |
I conduct arbitrations in a straightforward manner, trying to be flexible to letting the parties and attorneys present their evidence in their own fashion without letting them go off track. I\'ll ask questions where necessary so that I can understand the issues presented for resolution I allow some flexibility regarding admission of evidence. I rely generally on the parties for legal briefing but will supplement such research if necessary. |
| Neutral Approach: |
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| Other Information: |
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| Brief Thumbnail: |
I have been mediating cases since 2001, including in cases involving construction defects, contruction claims, real estate, insurance, business disputes and personal injury matters. I have been appointed as Special Master of construction defect cases, handling discovery, insurance issues and settlement. Although I ceased my litigation practice at the end of last year, in the last dozen years I have been primarily defending litigation involving consturction defects and claims, and real estate matters, and have advised clients regarding insurance coverage issues. In the early part of my career, I defended medical malpractice cliams (primarily maternal-fetal injuries) and employment litigation. Please refer to my website (www.millermediation.com) for more information about how I approach my services. |