Mediator Resume

Full-time arbitrator and mediator for complex business and international disputes - in-person, video conference or hybrid - with numerous Panel and Chair appointments. Over 200 arbitration appointments and over 1,000 mediations in business disputes ranging from eight-figure disputes down to relatively small dollar disputes. Known for advance preparation, efficiency, high energy, collaborative style, and knowledge of the arbitral and mediation processes. Member of the Commercial and Mediation Panels of the AAA, as well as the Large Complex Case, International (ICDR) and Master Mediation Panels. Fellow of the College of Commercial Arbitrators and Member of the Chartered Institute of Arbitrators. Clearbrief Certified.

Rebecca Callahan A P.L.C.

Attorney, Arbitrator, Mediator; ADR Skills Trainer

Arbitrator-Mediator, Rebecca Callahan A P.L.C. (f/k/a Callahan Dispute Resolution), 2005-Present; Attorney, Callahan Law Corporation, 1993-2015; Partner, Lobel Winthrop & Broker, 1986-1993; Associate, Buchalter Nemer Fields & Younger, 1985-1986; Associate, Allen Matkins Leck Gamble & Mallory, 1983-1985; Associate, Kindel & Anderson, 1982-1983.

20+ years experience as a business litigator - largely in the Chapter 11 / reorganization space where cases frequently included (a) litigated disputes with lenders, landlords, insurers, investors, and the like from both the debtor and creditor perspectives, (b) prosecution and defense of nondischargeability cases for fraud or defalcation, and (c) the valuation, title and/or disposition of real property. Some case digests are available on my website. For a 5 year period, represented a hospital in several provider / payor disputes, including the liquidation of the hospital's 7-figure claim in the MedPartners bankruptcy. For the last 5 years of litigation practice - before becoming a full-time neutral - successfully represented an elder ("mom") in litigation against her eldest son to trace and reclaim title to her $20 million real estate portfolio. Then successfully represented the youngest son (after mom died) in defending the eldest son's challenge to mom's will and trust, which disinherited the eldest son. Through full-time neutral work, experience has been EXPANDED to include the following: A) Intra-partner / intra-member disputes seeking dissolution, accounting, and/or expulsion for breach of fiduciary duty, fraud, defalcation, and/or conversion of assets. Some of these cases have involved family partnerships that operated manufacturing businesses or commercial real properties. B) Rights and remedies flowing from stock or asset purchase transactions when the transaction fails or does not conform to what was represented or planned. C) Breach of contract in the context of distributorship and independent sales representative agreements. D) Cryptocurrency disputes including such matters as (1) the purchase and development of real property to be used as a bitcoin mining operation; (2) the design and manufacture of specialized ASCI chips for use in bitcoin mining computers; and (c) the transfer and exchange of bitcoin currency between custodial and non-custodial wallets. E) Franchisor / Franchisee disputes including such matters as (1) franchisors terminating the franchisee "for cause" and seeking liquidated damages and injunctive relief; and (2) franchisees seeking to unwind the franchise agreement based upon problems with the franchise disclosure document and/or franchisor performance issues re franchisee support or the alleged lack thereof. F) Healthcare arbitrations including such matters as (1) disputes over whether services were medically necessary or compensated at the proper rate; (2) termination of a pharmacy's network contract for failure to disclose the pharmacy's true owner; and (3) disputes between the buyer and seller after the proposed purchase and sale of a Medicare Advantage plan failed. G) Intellectual property disputes including such matters as (1) claims of patent infringement through alleged reverse engineering and the companion claim invalidity defense, and (2) breach of exclusive license agreement for alleged failure to use commercially reasonable efforts to develop, promote and sell the licensed products. H) Tariff disputes between port terminal operator and shipping line. I) Probate / Wills and Trusts mediations involving disputes (1) between beneficiaries or (2) between the trustee and one or more beneficiaries of a trust. Probate law is similar to bankruptcy law in the sense that it provides a procedural and substantive law backdrop for determining parties' rights and interests in a finite estate defined by date of filing (bankruptcy) or date of death (probate).

Has been a mediator for over 25 years and have mediated over 1,000 matters involving a broad array of business disputes. Was on the original mediation panel created by the U.S. Bankruptcy Court / Central District of California in 1995, and served on that panel until 2012. Was also on the original mediation panel created by the U.S. District Court / Central District of California in about 2002, and served on that panel until 2015. As part of court service, mediated over 300 cases. For the bankruptcy court, most cases fell into one of two categories: (1) nondischargeability claims where the creditor was accusing the debtor of fraud or defalcation as a fiduciary, and (2) preference avoidance claims where a bankruptcy trustee was seeking to recover property or money transferred to a third-party in advance of the bankruptcy filing. For the district court, most cases fell into one of two categories: (1) commercial business disputes, and (2) loan default / wrongful foreclosure disputes. In 2005, added neutral services to law practice offerings. The following are two examples of interesting cases that illustrate some of the benefits of giving parties the opportunity to explore a negotiated resolution before they commit to the litigation outcome. • Ownership of Class Action Recovery. The dispute arose out of an assignment for benefit of creditors proceeding in which the assets of the assigning entity (Old Co) were sold to New Co. Because of the wording of the assignment, it was unclear whether the assets transferred to New Co included a class action recovery. The amount of the potential payout was unknown because the pool of competing class action claimants was unknown. Pre-mediation, the parties were stuck on whether Old Co or New Co owned the class action payout. Through mediation, the parties figured out a way to tranche the potential recovery - e.g., the first $1 million, the second $2 million, the third $2.5 million dollars, etc. - and to agree to share any recovery in varying percentages. The trustee of Old Co wanted a bigger percentage of the early payouts to pay creditors and close the estate. New Co was willing to agree if it received a bigger percentage of the later payouts because it believed the potential payout was going to be significantly more than Old Co's trustee. • Franchisor / Franchisee Dispute: The plaintiff was an original franchisee and over the years had built a very successful business. Ownership and management of the franchisor changed during the second term of plaintiff's franchise, which led to changes to the system that resulted in less support for franchisees. Litigation resulted. Plaintiff had two problems: (1) Despite the franchisor's changes and new direction, plaintiff's business continued to grow and produce greater profits. He thus would not be able to show lost profits as a result of the franchisor's actions. (2) Plaintiff was located in a jurisdiction that was NOT hostile to the enforcement of non-compete agreements, which meant that if he left the franchise system but continued with the business, the business would be exposed to an unfair competition claim, as well as a potential injunction by the franchisor re the continued use of customer information. After exploring the impact of the uncertainty created by these potential realities, plaintiff was able to pivot in mediation and engage in a negotiation whereby plaintiff could exit the system and continue in business free of all restrictive covenants on buyout terms agreeable to both parties. This satisfied the plaintiff's "legacy" plans to pass the business onto the owner's sons, and it satisfied the franchisor's desire to go in a new direction without the negative publicity and expense the litigated dispute would invite.

Duty Issues - defined by contract; imposed or implied by law; undertaken by status as an attorney, broker, officer, director, partner, managing member, employer, employee, agent or representative. Money Issues - accounting for money; tracing the use or disposition of funds or other assets; assessing the monetary value of property, goods, services or other benefits bestowed or received; assessing the monetary value for loss of or damage to tangible or intangible property/property rights; understanding the current or historical financial condition of a business or business venture. Conduct Issues - negligent acts and omissions; tortious conduct in the form of fraud, trespass, misappropriation, defalcation, infringement, conversion, transfer and concealment of assets; unfair business conduct in terms of not performing as agreed or engaging in conduct aimed at obtaining an unearned advantage or unjust enrichment. Valuation Issues - assessing the value to be ascribed to real or personal property, goods, services or other benefits received or bestowed; assessing the value of a partial ownership interest in property, a business, a trust or other assets. Offset Issues - assessing the effect of competing claims.

CORE PHILOSOPHY: I love mediation because it is efficient, economic and effective! Of the dispute resolution processes available to disputing parties, mediation is by far the most efficient and economical. It may provide the best outcome in the context of civil business disputes when the downside risks, cost of the litigation / arbitration alternative, and lost opportunity costs associated with delayed outcomes are factored in. APPROACH: A) Learn as much about the dispute before the mediation begins by reading the underlying pleadings and material documents that the parties may refer to during the mediation. B) Confer privately with the parties' counsel in advance of the mediation regarding the background of the dispute, what they / their client(s) would like achieve at the mediation, and whether there is any "private" or "confidential" information I should be aware of before the mediation begins. C) Walk into the mediation with an action plan on how to get the parties started with constructive dialogue about the dispute and what needs to be considered when crafting a negotiated resolution. D) Walk into the mediation with an action plan on how to help the parties start the negotiation. E) Walk into the mediation with an understanding of when / where / how impasse might occur and have an action plan for helping the parties work through that event so as to keep the negotiation rolling forward. PERSPECTIVE: I am friend to all and foe of no one. I am there to help the parties and their counsel in an even-handed way to (a) discuss the dispute, (b) explore their negotiated outcome options, and (c) engage in a settlement negotiation. I am there to promote and coach a negotiated outcome. I am there to build settlement and avoid or work through impasse. STYLE: At the outset, I start facilitative and give the parties and their counsel a wide berth with regard to how to discuss the dispute, the litigation/arbitration alternative, and what thoughts the parties and counsel have about how the dispute might be settled. It is, after all, the parties' dispute and thus their resolution. During the course of the mediation, I work with the parties to exchange information and to give reasons for their respective proposals. This is one of the most meaningful aspects of mediation - i.e., that parties are called upon to share information that might otherwise cost tens of thousands of dollars and months of discovery to exchange in the context of the litigated / arbitrated dispute. From my perspective, this is one of the reasons why mediation is so cost effective and successful in achieving negotiated outcome results. In private, once proposals are being exchanged between the parties, I work with the parties and their counsel to evaluate the litigation / arbitration alternative as compared to the settlement proposals or opportunities that are in the offing. MEDIATOR GOAL: My goal as mediator is to end with a negotiated resolution or - short of that - an agreed upon framework for settlement within which the parties and counsel can continue to pursue after the mediation session ends, which does not need to spell the end of the parties' efforts to achieve a negotiated resolution. The litigated business dispute is one where the payment of money or division of property usually plays a role in the negotiation. These types of negotiations tend to be "aggressive" because each side is there to claim as much as they can and give up as little as they have to in order to achieve a negotiated resolution. As such, these types of negotiations take time, and several moves and counter-moves. My goal in these types of negotiations is to help both/all sides stay engaged in the negotiation and to find value in achieving a settlement. Sometimes, this means continuing to work post-mediation.

Software programs licensed and in use: Adobe AVG Internet Security Successfully completed Clearbrief Academy, May 2025. Excel PowerPoint QuickBooks Teams Westlaw Word Zoom Technology Training Courses: • ESI Do's & Don't's (American Arbitration Association Conference, 2025) • Clearbrief Training (2025) • Effective Use of AI Technology in Case Management (American Arbitration Association, 2023) • Conducting Effective Dispute Resolution with Remote Technology: A Primer (California Lawyers Association, Litigation Section, 2020) • Conducting Effective Dispute Resolution with Remote Technology: A Practicum for Arbitration Proceeding Management and Advocacy (California Lawyers Association, Litigation Section, 2020) • Conducting Effective Complex Proceedings Using Remote Technology Tools: Real World Challenges and Opportunities (California Lawyers Association, Litigation Section, 2020) • Cyber Security: A Shared Responsibility (American Arbitration Association, 2019) • Arbitrating in a Digital World: Fair & Expeditious Management of Electronic Discovery – Part 2.0 (American College of E-Neutrals and American Arbitration Association, 2-day certificate program, 2018) • eDiscovery Negotiation Training: Practical Cooperative Strategies (The Sedona Conference, 2-day certificate program, 2018)

University of California at Berkeley Law School (JD); University of Southern California (BA, cum laude); Pepperdine University, School of Law (LLM in Dispute Resolution).

Admitted to the Bar: California (1982), Massachusetts (1998-inactive), District of Columbia (1998-inactive); U.S. Supreme Court; U.S. Court of Appeals: Ninth Circuit; U.S. District Court - Central, Eastern, Northern, and Southern Districts of California.

American Arbitration Association, Mediation and Arbitration Panels / Commercial, Large Complex Case, Healthcare and Consumer Panels; International Centre for Dispute Resolution Mediation and Arbitration Panels; College of Commercial Arbitrators, Fellow; Chartered Institute of Arbitrators, Member; National Academy of Distinguished Neutrals, Mediation and Arbitration Panels; Pepperdine University School of Law, Adjunct Professor (2010 to 2025); Pepperdine University School of Law / Straus Institute, Skills Trainer (2010 to 2020); American Arbitration Association, Skills Trainer (2010 to 2025); Orange County Bar Association, Member (1982-Present); Orange County Bar Association, Board of Directors (2014-2016); Orange County Bar Association, ADR Section Chair (2013).

PUBLICATIONS: Extensive writing on ADR topics. Full list available on website. The following are from the last 5 years: Contributor to Chapter 2 of the College of Commercial Arbitrators' "Guide to Best Practices in Commercial Arbitration" (Juris, 2025) (chapter on arbitrator ethics) "Five Things Litigators Must Know Before Stepping Into An Arbitration" (Advocate Magazine, September 2021) SPEAKING ENGAGEMENTS: Frequent speaker and lecturer. Full list available on website. The following are from the last five years: Arbitrator Level I Training - Presenter (AAA, 2025, 2024, 2023, 2022, and 2021) "Arbitration Theory and Practice" - Adjunct Professor (Pepperdine School of Law, 2024, 2023, 2021, 2020, 2019, 2018, 2017 and 2016) "Arbitrator Ethics: Ensuring the Integrity of the Process" - Presenter (ABA Arbitration Institute, 2022) "2021-2022 Recent Developments in Arbitration - Presenter (ABA Arbitration Institute, 2022) "You're Not in Kansas Anymore: Seven Things Court Litigators Should Know Before Stepping Into an Arbitration“ - Presenter (California Lawyers Association Section, 2021) "The Queen's Gambit: Skills, Techniques and Strategies for Seeing Three Moves Ahead in Mediation" - Presenter (California Lawyers Association, 2021) "Everything You Always Wanted to Know About Arbitrator Ethics and Party Recourse” - Presenter (OCBA, 2020) "Essential Skills for the New Mediator!" - Presenter (AAA Training for New Mediators, 2019, 2018, 2016, 2015, 2014 and 2013) "Recent Developments in Arbitration and Mediation" - Presenter (OCBA-ADR Section, 2019, 2018, 2017, 2016, 2015, 2014, and 2013)

Globally available - based in Newport Beach, California. No charge for travel time. No charge for travel expenses within the Continental United States for multi-day hearings of no less than four (4) consecutive days. Otherwise, travel expenses are billed at cost.

Hourly Rate: Not provided Daily Rate: $8,000.00 Study Rate: Not provided Cancellation: Not provided Cancellation Period: Not provided Comment: No charge for pre-mediation study or pre-mediation private calls with counsel. I book full-day mediations only. Full day mediation is up to 9 hours - generally 9 a.m. PT to 6 p.m. PT. No charge for travel time. Travel expenses charged for engagements requiring air travel and overnight hotel stays - coach fare and business hotel rates.

English

United States of America

Newport Beach, California