Mediator Resume

Arbitrator, Mediator, Insurance Umpire, Project Neutral

Arbitrator, 2002 - Present; Mediator and Insurance Umpire, 2020 - Present; Equity Partner and Manager of the Litigation Department, Wolf Rifkin Shapiro Schulman & Rabkin LLP, 1985 - 2019; Associate, Lavely & Singer, 1983 - 1985; Associate, Anderson McPharlin & Conners LLP, 1982 - 1983; Associate, Murchison & Cumming, LLP, 1981 - 1982.

Forty-six (46) years of legal practice devoted to construction, real estate, business/contract, insurance and homeowner association (condominium) litigation. Experience includes litigating (as counsel - prosecution and defense), arbitrating (as arbitrator and as insurance umpire) and mediating (as mediator), numerous disputes relating to: CONSTRUCTION (PRIVATE AND PUBLIC WORKS): Over 200 small to complex, multi-million dollar construction claims including claims involving construction defects, fire/water losses, breach of construction contracts including AIA construction contracts, construction management, delay, disruption, critical path, sequencing, impact, acceleration, change orders, extra work, incomplete work, prompt payment penalties, mechanics liens, stop notices, the California False Claims Act, performance/payment bonds, bid bonds, indemnity, contribution, subrogation, construction accounting, construction business operations, mold (both property damage and bodily injury), habitability, Americans with Disability Act (ADA), construction related coverage/insurance bad faith (including CGL and OCIP/Wrap policies), developers, owners, contractors, subcontractors, construction managers, design professionals, architects, engineers, suppliers, banks/lenders, sureties, and insurance carriers. Claims relate to multi-unit and high-rise condominiums, planned unit developments (PUDs), apartment complexes, single family homes, luxury homes, office and retail space, commercial property, industrial property, schools and colleges, government facilities, hotels/resorts, gas stations, and restaurants. Mid-construction mediation per SB 440. BUSINESS AND CONTRACT: Over 200 business and contract disputes involving corporations, limited liability companies, partnerships and sole proprietorships including claims for breach of contract, shareholder disputes, business torts, collection, consumer claims (see Consumer Resume), fraud, breach of fiduciary duty, legal malpractice, attorney fees, conversion, business dissolution, receivership, interstate carriers/trucking, UCC-1 Financing Statements, lender liability. Also, financial elder abuse, estate disputes, and cannabis contracts. REAL ESTATE: Over 200 disputes between buyers, sellers and real estate brokers/agents and escrow companies involving residential, commercial, retail and industrial real estate transactions, claims of breach of contract including breach of the California Association of Realtors (CAR) Residential Purchase Agreement, Commercial Purchase Agreement, Listing Agreement, Residential Lease Agreement, Commercial Lease Agreement, escrow instructions/agreements, home inspection agreements, non-disclosure, specific performance, rescission, restitution, fraud, broker/agent errors and omissions/malpractice, and broker/agent compensation claims. Also, landlord-tenant (commercial and residential leases), habitability, premises liability, property management, partnership, partition, boundary, neighbor, easements, condemnation, quiet title, title insurance, surety claims, escrow companies, bank and private loans, notes, secured interests (deeds of trust) and foreclosures. INSURANCE/COVERAGE/INSURANCE UMPIRE: Over 200 insurance disputes involving insurance bad faith, property loss, business interruption, first-and third-party coverage, allocation of loss between carriers, primary-excess, and trigger issues/exhaustion of policy limits. Policies include liability, construction, homeowner, professional errors and omissions, title, surety, and auto insurance. HOMEOWNER ASSOCIATION/CONDOMINIUM (HOA): Over 200 claims between HOA and homeowner including breach of governing documents (CC&Rs), board malfeasance (negligence, breach of fiduciary duty, fraud), injunctive relief (restraining orders and injunctions), and elections. HOA vendor, property manager and construction disputes.

Mediated construction disputes between or among public and private owners and contractors, commercial developers, homeowners, subcontractors, construction managers, architects and engineers, sureties and insurers. Disputes have ranged from low six figures to high seven figures. Disputes have involved two parties or multiple parties, including insurers and indemnitors, subcontractors and design subconsultants. Mediated numerous business and contract disputes involving corporations, limited liability companies, partnerships and sole proprietorships including claims for breach of contract, shareholder disputes, business torts, collection, consumer claims, fraud, breach of fiduciary duty, legal malpractice, attorney fees, conversion, business dissolution, financial elder abuse, estate disputes, and cannabis contracts. Mediation experience also includes numerous real estate disputes such as disputes between buyers, sellers and real estate brokers/agents and escrow companies involving residential, commercial, retail and industrial real estate transactions, claims of breach of contract, negligence or fraud (non-disclosure) relating to the California Association of Realtors (CAR) Residential Purchase Agreement, Commercial Purchase Agreement, Listing Agreement, Residential Lease Agreement, Commercial Lease Agreement. Also, landlord-tenant (commercial and residential leases), habitability, premises liability, property management, partnership, partition, boundary, neighbor, easements, quiet title, and title insurance disputes.

Construction issues arising from claims for defective construction and/or design, delays, over-billing, prompt payment, habitability and mold. Damages sought have included delay damages, including extended general conditions, loss of profit, loss of bonding capacity, loss of opportunity, idle time, acceleration, and inefficiencies, all requiring understanding of critical time impact analysis and precedence diagrams. Real estate issues involving buyers, sellers and real estate brokers/agents and escrow companies in disputes relating to residential, commercial, retail and industrial real estate transactions. Business and contract issues involving corporations, limited liability companies, partnerships and sole proprietorships including claims for breach of contract, shareholder disputes, and business torts.

My success in mediating cases is built on a foundation I call the "Three Ps": Preparation, Patience, and Perseverance. **Preparation:** I thoroughly study mediation briefs to ensure a complete understanding of the facts, law, and each party's position. I then engage in valuable pre-mediation discussions with counsel to gain further insights. This information allows me to conduct a comprehensive case evaluation and risk assessment, which I share with the parties during mediation, with their permission. **Patience:** I am a patient and engaged listener, committed to understanding the priorities of all parties. I use open-ended questioning to facilitate this process. Recognizing that cases can involve both financial and emotional elements, I work closely with attorneys and parties to tailor the mediation structure and my role to best suit the specific needs of each case. **Perseverance:** I believe every case has a path to settlement. My goal is to settle every case, and this can require perseverance both during and after mediation. When settlement is not reached during the session, I offer follow-up calls with counsel at my own expense to explore any remaining possibilities for resolution. Assuming the parties agree, I may also offer to present the parties with a mediator’s proposal which has served as a very successful settlement tool.

Proficient in virtual (Zoom) technology. Available for virtual, in-person and hybrid mediations and evidentiary hearings. Proficient in electronically stored information (ESI) discovery and related issues.

Loyola Law School (JD, Deans Honor List - 1980); University of California Los Angeles (BA, Political Science, summa cum laude, Phi Beta Kappa - 1977).

Admitted to the Bar: California (1981); U.S. District Court: Central District of California (1981); U.S. Court of Appeals: Ninth Circuit (1981).

Hourly Rate: $600.00 Daily Rate: Not provided Study Rate: $600.00/hr Cancellation: $300.00/hr Cancellation Period: 14 Days Comment: Full Day = Total of 10 hours with 2 hours prep time included. Half Day = Total of 6 hours with 1 hour prep time included. Travel rate of $250.00 per hour charged for travel outside City of Los Angeles. Parking charged as well. In addition to stated cancellation fee, actual costs incurred must be reimbursed.

English

United States of America

Los Angeles, California