|Address:||Business and Corporate Litigation and Mediation|
|355 Ambar Way|
|Menlo Park, CA 94025|
|Telephone:||(650) 321-3355||Fax:||(650) 321-3355||Cell:||(650) 678-3259|
|Fees:||$500 per hour|
|Other Costs:||Fees: $350/hr. or as agreed by the parties. |
No other costs except by agreement of the parties.
|Attorney: x||Non-Attorney Professional Mediator/Arbitrator: Retired Judge/Justice:|
|Advocate in mediation (since 1989) and neutral mediator of business disputes, independently and as member of the alternative dispute resolution panels (mediation) of U.S. District Court, N.D. of CA (since 1998); California Court of Appeal, First Appellate District (since 2003); and California Superior Courts Santa Clara Co.(since 1998) and San Mateo Co. (since 2004).|
|Advanced Mediation Training seminar (Judicial Council of CA, First District Court of Appeal; 2003 14 hour); Comprehensive Mediation Training Seminar (Bar Association of San Francisco/ John Paul Jones Group 1998, 40 hours); Advanced Mediation Skills Seminar (Pepperdine School of Law 1998, 18 hours); among other training.|
|Advocate in arbitration (since 1984) and neutral arbitrator of business disputes as member of the alternative dispute resolution panesl (arbitration) of the American Arbitration Association, (1993-2000) and California Superior Court (judicial arbitration), Santa Clara County (at various times since 1998).|
|Advocate in neutral evaluation and neutral evalutor as member of the alternative dispute resolution panels of the U. S. District Court , N.D. of CA (since 1988); and California Superior Courts, Santa Clara County (since 1998) and San Mateo County (since 2004).|
|Subject||Personal Injury:||Employment:||x||Business:||x||Real Estate:||x|
|Matter:||Legal Malpractice:||Public Agency:||Probate:||Construction:|
|Product Liability:||Landlord-Tenant / Neighborhood:||Dental Malpractice:||x|
|Foreign Language(s):||Intellectual Property/High Technology:|
|Other: Corporations, Antitrust, Corporate Securites, and Unfair Competition|
|Stanford University, School of Law (Order of the Coif; Law Review.
Miami University, BSBA, Economics, Accounting.
|I enthusiasatically embrace mediation as a remarkable process that enables parties successfully to negotiate for possible resolution of their disputes in a civil and cost-effective manner. I take seriously the opportunity the mediatior has in professionally facilitating the process. My approach is to solicit mediation briefs from the parties which I carefully review in grounding myself for the mediation session. The session begins with a joint gathering of all parties each of whom is encouraged to make an oral presentation. And to respond to the other side's presentation. The initial joint session is followed by separate caucuses and additional joint sessions as may be appropriate.
My approach is largely facilitave as opposed to directive in the joint sessions and in early separate caucuses, becoming more directive in subsequent caucuses and perhaps in joint session as seems appropriate in the circumstances. I believe that parties are entitled to the benefit of my substantial experience as a litigator and a mediator, and that there are definitely times when it is apropriate and helpful to depart from the classic facilitative approach, particulary in mediation of business disputes that are already in litigation or appeal.
|My approach to arbitration is traditional. While reasonably informal and expedient, the process is professional and controlled consistent with what makes sense. I work with the parties to establish an agreed on protocol for the particular arbitration. I solicit pre-and post arbitration briefs and addtional briefs when appropriate. I believe in appropriate discovery consistent with the amount in controversy. Subject to streamlined procedures for exhibits, testimony is taken much as it would be in a court trial with relaxation of certain procedural rules and rules of evidence. I do follow substantive law and decide the case on the facts in evidence, in conformance with the law. I will issue a reasoned, written decision.|
|Unless agreed otherwise by the parties, I generally follow Rule 5 of the ADR Local Rules of the U.S. District Court, N.D. of CA.|
|Robert L. Maines has an active business and corporate law litigation and mediation practice as counsel to Tomlinson Zisko LLP, having been for twenty years a litigation partner in the San Francisco and Silicon Valley offices of the prominent California law firm of Pettit & Martin and the managing partner of its Silicon Valley office, and for several years a partner of Bryant, Clohan, [Eller, Maines] & Baruh, LLP of Palo Alto, and San Jose, California. An honors graduate of Miami University and of Stanford Law School (Order of the Coif; Stanford Law Review), Mr. Maines is a well-respected member of the State Bar of California and the bars of serveral federal courts including the United States Supreme Court. Mr. Maines has specialized in complex business, commercial and real estate litigation in a wide variety of contexts, and is recognized for successfully representing clients in achieving their business and litigation objectives. His extensive work in the general practice areas of contracts, corporations and real estate law includes particular experience in antitrust, unfair competition and securities laws matters. Mr. Maines has served as corporate counsel for public and private companies as part of his law practice. Advocacy in alterntive dispute resolution and service as a mediator, arbitrator and neutral evaluator are also an imortant part of the practice of Mr. Maines who has been a principal litigator or mediator in many significant cases that have successfully resolved in alternative dispute resolution. Over the years, Mr. Maines has written and lectured on vaious business counseling and litigation matters.|