Mediator Resume

Approximately 400 cases have been mediated, 350 as the mediator. The other 50 or so cases were handled as the attorney for one of the parties to the mediation. Specialize in real estate matters, including buy-sell agreements and loan arrangements involving escrow and title companies, lenders, brokers, flippers, inspectors, and other parties to a variety of real estate transactions. While nearly all mediations are via the Zoom platform, in person mediations are also conducted. Additionally, has also conducted approximately 150 arbitrations, having been a member of the commercial and consumer panels of the AAA since 1989 and the complex litigation panel for the past several years.

Gruber & Donnet, A Professional Law Corporation - Shareholder; Vice-President, Secretary, and Treasurer

Arbitrator, Mediator, Educator, Attorney, and Real Estate Broker.

Shareholder, Gruber & Donnet, APLC, 2000-Present; In-House Counsel, Keller-Williams San Diego Central Coastal, 2012-2018; Of Counsel, Andersen Buck & Mann LLP (formerly Andersen & Waldron), 1995-2000; Associate, Hinchy Witte Wood Anderson & Hodges, 1993-1995; Partner, Gruber Sachs & Donnet, 1987-1992; Partner, Freeman & Gruber, 1976-1987; Legal Services Lawyer, 1970-1975. Supervising Clinical Professor of Law, University of San Diego School of Law, 1990-2024.

A California attorney for more than 55 years, beginning in January 1970. Stopped practicing law as of July 2024, although continues to retain license to practice. Has Real Estate broker's license since 2008. Started practicing mediation of real estate and commercial disputes on a limited basis beginning in 2002, which was expanded to a full time Alternative Dispute Resolution, now On-line and In Person Dispute Resolution, practice beginning in 2008. Arbitrator for the San Diego Municipal and Superior Courts while the arbitration program was an ongoing enterprise in those courts and an arbitrator on the American Arbitration Association's National Panel of Commercial and Consumer Arbitrators for the past 34 years and the Complex Litigation Panel for the past several years. Arbitrated between 150 and 200 matters in the same areas involved as with mediations and in the practice of law, i.e., commercial and residential real estate and landlord-tenant disputes, issues involving flippers, real estate brokers, agents, and brokerages, title insurance and escrow companies, liability carriers, homeowner associations, hard money lenders, and attorney-client fee disputes. Approximately 400 cases have been mediated, some as counsel for one of the parties, but more than 350 mediated cases as the mediator. Currently, in addition to the American Arbitration Association Panel of Mediators, membership includes the San Diego Superior Court Panel of Mediators, the California Association of Realtors Panel of Mediators, and the Real Estate Mediation Center of the Greater San Diego Association of Realtors. As to the latter, was Vice-Chair of the Real Estate Mediator Center's Executive Committee in 2012 and Chair of the Executive Committee in 2013 and 2014. Most experience involves mediating real estate cases involving buyers and sellers, including flippers on both the buy and sell sides, real estate brokers, title insurance companies, liability carriers, escrow companies, homeowner association issues, and hard money lenders. Served as In-House Counsel for Keller-Williams San Diego Central Coastal from 2012-2018. Settlement Officer on approximately 15 cases for the San Diego Municipal and Superior Courts involving personal injury matters, and commercial and consumer real estate disputes. and appointed by the Hon. Judge Lillian Y. Lim, now retired, as referee to supervise the sale of litigated real estate. Served from June 1990 to July 2024 as an adjunct professor of law at the University of San Diego School of Law, mentoring State Bar Certified Legal Interns on a panoply of live client civil cases. Also served as an adjunct professor at the Law School from approximately 2008 to 2013 mentoring State Bar Certified Interns specializing in Landlord-Tenant matters, focusing at that time on eviction in traditional Landlord-Tenant matters and evictions following the foreclosure of residential properties.

Approximately 400 cases have been mediated, some as counsel for one or more of the parties, though more than 350 mediated cases as the mediator. Currently, in addition to the American Arbitration Association Panel of Mediators, membership includes the San Diego Superior Court Panel of Mediators, the California Association of Realtors Panel of Mediators, and the Real Estate Mediation Center of the Greater San Diego Association of Realtors. As to the latter, Vice-Chair of the Real Estate Mediator Center's Executive Committee in 2012 and Chair of the Executive Committee in 2013 and 2014. Most experience involves mediating real estate cases involving buyers and sellers, including flippers on both the buy and sell sides, real estate brokers, title insurance companies, liability carriers, escrow companies, home owner association issues, and hard money lenders. Served as In-House Counsel for Keller-Williams San Diego Central Coastal from 2012-2018. Settlement Officer on approximately 15 cases for the San Diego Municipal and Superior Courts involving personal injury matters, and commercial and consumer real estate disputes. and appointed by the Hon. Judge Lillian Y. Lim, now retired, as receiver to supervise the sale of litigated real estate. Served since June 1990 as an adjunct professor of law at the University of San Diego School of Law, mentoring State Bar Certified Legal Interns on a panoply of live client civil cases. Also served in an adjunct professor at the Law School from approximately 2008 to 2013 mentoring State Bar Certified Interns specializing in Landlord-Tenant matters, focusing at that time on eviction in traditional Landlord-Tenant matters and eviction following foreclosure of residential properties. Arbitrator for the San Diego Municipal and Superior Courts while the arbitration program was an ongoing enterprise in those courts and an arbitrator on the American Arbitration Association's National Panel of Commercial Arbitrators for the past 31 years and the Complex Litigation Panel for the past several years.

Disputes involving the various parties and issues related to the business, corporate, commercial, and real estate related matters, including contract and tort claims, partnership and corporate disputes, fiduciary duty, issues involving lender liability, title and escrow issues, purchase and sale agreements, and broker responsibilities. Many buyer-seller and real estate broker contract disputes involving allegations of breach of contract, fraud, breach of fiduciary duty, and lender, title, and escrow responsibilities. Partnership and corporate dissolution and disputes, involving breach of contract, fraud, and breach of fiduciary duty issues. Most mediations involve purchase and sale agreements between buyer and seller where, often times, the parties' real estate brokers are involved, whether as parties from whom responsibility is sought, or as representatives, with counsel, of the parties to the mediation. Depending upon the demands that are made by claiming or moving party, other real estate disciplines are involved in the mediation process. Approximately, one-quarter to one-third of the mediations involve three or more parties.

With the advent of the Corona Virus Pandemic, mediations are now conducted almost exclusively online, though in person mediations are also welcome. Mediations, whether online or in person, is party driven with the goal of assisting parties in resolving their disputes; the evaluative process is preferred and emphasized, but not to the exclusion of other models; the facilitative approach is utilized where helpful to the resolution of the parties' dispute. To accommodate counsels' clients, parties are initially placed in separate conference or breakout rooms. Subject to mediator recommendations, joint sessions are not required though they are encouraged. Success is measured by the degree to which the parties are better able to communicate as well as acknowledge and appreciate the other sides' perspectives and interests. The primary goal is to increase the prospects of a truly voluntary settlement process. Follow up in cases that do not settle is a necessary adjunct to the mediation process and is almost always pursued. Significance to the process is the preparation as to the legal issues and the parties' perspectives and interests, and to let the attorneys know that their briefs, which are encouraged to be shared, are reviewed, thoroughly. It is imperative at the mediation to ask the right questions and interpose the right comments, but only at the right times. The parties are made to feel comfortable, both substantively with the mediation process and with the Zoom online platform. Attorneys are often called pre-mediation to discuss the issues and concerns they have as well as those of their clients. At the mediation, attorneys may be spoken to separately where it is apparent issues and advice are misunderstood or where the attorney-client relationship appears to be strained. Except where the parties otherwise agree, negotiations are always conducted in private, separate caucuses; mediation confidentiality is unconditionally honored and is of the highest priority. While ideas as to settlement options are often suggested, the parties' autonomy and freedom to draft their own solutions; the preservation and sanctity of the attorney-client relationship is of the utmost importance. Full disclosure as to past relationships, and potential conflicts of interest are always made, however ancillary; mediations are voluntarily refused where there is an actual conflict of interest. Typically, when this occurs, the nature of the conflict, to preserve confidentiality, whether from a prior dispute resolution process, the attorney-client relationship, or other miscellaneous situation, is not disclosed.

Conducting arbitrations and mediations with video conferencing through the Zoom platform is available to all parties. Most mediations since the onset of Covid have been conducted via Zoom. Regarding arbitrations, preference is to conduct the arbitral hearings in person, but most of the pre-hearing procedures can easily be conducted via Zoom or telephone conferencing. Regarding mediations, the Zoom platform has become the preferred method of mediating matters. Interestingly, the settlement rate for Zoom conducted mediations fares as well as those mediations conducted in person.

UCLA School of Law (JD-1969); Hastings College of Law (Law Review-1967); UCLA School of Business Administration (BS, with an emphasis on accounting, graduated with Honors-1966).

Admitted to the Bar: California (1970); U.S. District Courts: Central (1970), Southern (1972), and Northern Districts (2002) of California; U.S. Court of Appeals, 9th Circuit (1976); U.S. Supreme Court (1985). California Broker, DRE License #: 01842437 (2008).

State Bar of California San Diego County Bar Association; National Association of Realtors, California Association of Realtors, and Greater San Diego Association of Realtors (SDAR); SDAR's Real Estate Mediation Center (2012 Vice-Chair and 2013 and 2014 Chair of its executive committee), and, for the past several years, member of the California Association of Realtors Legal Affairs Forum.

In late 2020, and again in early 2024, spoke to the ADR Section of the San Diego County Bar Association on mediating real estate cases.

Southern California, where travel can reasonably occur via automobile travel. This would include San Diego, Orange, Los Angeles, Imperial, Riverside, Ventura, and San Bernardino Counties. However, as many arbitral proceedings and most mediations now occur online, mediations and a variety of arbitral proceedings, wherever located in California, can now be handled efficiently without inconveniencing the parties, witnesses, or the attorneys.

Hourly Rate: Not provided Daily Rate: $2,100.00 Study Rate: Not provided Cancellation: Not provided Cancellation Period: Not provided Comment: Minimum 4 hours @$1,400; Full Day (7 hours) $2,100; Additional Fees @$450 per hour. Geographical Area: Southern California for In Person Mediations and anywhere for Online Mediations (ODR); No Study Time or Cancellation Fees

English

United States of America

La Mesa, California