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MAP Background Information provided


Name: Ken Bryant
Address: P. O. Box 20277
  San Jose, CA 95160-277

Telephone:(408) 268-8175Fax:(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: xNon-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.

SubjectPersonal Injury: Employment:xBusiness: Real Estate:x
Matter:Legal Malpractice:xPublic Agency:xProbate: Construction:x
 Medical Malpractice: Environmental: Insurance:xSecurities: 
 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.

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