MAP Background Information provided
| Name: | Ken Bryant | ||||
| Address: | P. O. Box 20277 | ||||
| San Jose, CA 95160-277 | |||||
| Telephone: | (408) 268-8175 | Fax: | (408) 904-4638 | ||
| Email: | kenbryant@mediate.com | ||||
| Website: | www.mediate.com/California | ||||
| Fees: | $550 per hour | ||||
| Other Costs: | $550 per hour, adjustable for cause, or $4000 per diem. | ||||
| BAR Number: | 0053241 | ||||
| Attorney: x | Non-Attorney Professional Mediator/Arbitrator: Retired Judge/Justice: | ||||
| Mediation Experience: | More than 1,200 cases since 1987 in disputes involving construction, real estate, employment and insurance matters, as well as large multi-party complex business cases. |
| Mediation Training: | Center for Mediation and the Law (40 hours), Harvard Law Basic and Advanced Negotiation (40 hours each), American Arbitration Association (200-plus hours); Adjunct professor in negotiation, mediation, arbitration and ethics for neutrals. |
| Arbitration Experience: | 1980-present. American Arbitration Association, large complex case panel; Santa Clara County Superior Court, U.S. District Court, Northern District Court of California. |
| Neutral Evaluation Background: | Since 1993, U.S. District Court, Northern District, ENE panel for business, construction, employment and insurance matters. |
| Settlement Conference Experience: | Since 1979 settlement judge pro tem for Santa Clara County Superior Court. |
| Subject | Personal Injury: | Employment: | x | Business: | Real Estate: | x | ||
| Matter: | Legal Malpractice: | x | Public Agency: | x | Probate: | Construction: | x | |
| Medical Malpractice: | Environmental: | Insurance: | x | Securities: | ||||
| Product Liability: | Landlord-Tenant / Neighborhood: | Dental Malpractice: | ||||||
| Foreign Language(s): | Intellectual Property/High Technology: | |||||||
| Accoutings: | Conservatorships/Guardianships: | Wills/Trusts: | ||||||
| Other: | ||||||||
| Other Education: |
B.A. Journalism, San Jose State University; J.D. Santa Clara University School of Law. |
| Mediation Approach: |
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. |
| Arbitration Approach: |
I assure full presentation of cases by counsel, without strict adherence to technical evidentiary rules, and I make awards based on a reasoned application of existing law; I do not split the baby. |
| Neutral Approach: |
Informal, thorough presentation of case, with decision-making principals present; preparation of analysis as to liability, damages and settlement value; which is shared with parties after opportunity to discuss settlement. |
| Other Information: |
I appreciate at least 15 days notice of cancellation or rescheduling. Reservation deposits refundable if time filled with another matter. |
| Brief Thumbnail: |
ADR neutral in excess of 1, 200 cases since 1987, including multi-party construction defect and contract matters, real estate, insurance coverage, business (contract, misrepresentation), employment (discrimination, sexual harassment and whistle-blower issues); personal injury, professional negligence. ADR panelist for state and federal courts; Chair of State Bar ADR Standing Committee; Member of Blue Ribbon Panel of Experts on Arbitrator Ethics, appointed by Chief Justice of California Supreme Court; adjunct law school professor in negotiation, mediation, arbitration and ethics for neutrals. |