Mediator Resume

Gray Duffy LLP - Attorney, Mediator

Attorney, Arbitrator, Mediator

Attorney, Mediator, Gray Duffy LLP, 2010-present; Attorney, Mediator, Ropers, Majeski, Kohn & Bentley, 1983-2010; Attorney, Eagle, Williams & Courtney, 1980-1983; Attorney, Law Offices of Richard M. Williams, 1979-1980; Attorney, Nelson, Perlov & Williams, 1975-1979.

Primary area of expertise includes business, tort, insurance and contract litigation. Over 40 jury trials in areas of professional negligence (doctors, lawyers, architects, accountants, insurance and real estate professionals), products liability, public entity, personal injury, real estate, construction, technology, employment and insurance. Insurance experience in particular areas of business interruption losses, agency/broker issues, claims management practices, self insured retention programs, property and casualty and professional liability insurance, errors and omissions insurance and architects and engineers insurance. Also includes insurance coverage issues involving primary/excess issues, professional liability coverage issues, employer liability coverage issues, policy limits issues and public entity related coverage issues. Includes class action trial experience in consumer class actions, Wage and Hour and Business and Professions Code 17200 UCL class actions and Consumers Legal Remedy class actions, and Cannabis liability issues. Former member of the Board of Governors of the California Trials Lawyers Association (now the Consumer Attorneys of California) and the Santa Clara County Trial Lawyers Association. Lecturer for the California Continuing Education of the Bar on Commercial and Insurance Bad Faith, lecturer for the Northern California Association of the Defense Counsel on trial tactics and closing arguments. Bay Area Super Lawyers since 2006.

Mediated business, contract, construction, employment, IP and technology, medical and other professional malpractice cases, as well as catastrophic personal injury and real estate disputes. Has developed through representation as an attorney and as a mediator a particular expertise in dealing with disputes arising out of funeral and cremation services and contractual arrangement for pre-need funeral arrangements. Has mediated defective products cases involving athletic products such as pole vault equipment and helmets. Has mediated many disputes between buyers and sellers of both residential and commercial real estate. Has mediated hundreds of injury cases, from small matters involving minor automobile accidents to more sophisticated claims involving spinal injuries and brain injuries.

Liability and damages issues in catastrophic injury cases, apportionment of fault issues, insurance coverage issues, medical lien issues and issues of licensing and royalty agreements in technology cases. Statutory liability and damages issues in wage and hour, FMLA and employment discrimination cases and attorneys fees issues in contract cases. Familiar with most significant tort and contract issues involved in most aspects of litigated matters.

The ability to motivate parties to compromise is the key to being a successful mediator. Motivation may be based on cost, fact, legal or personal issues. Identifying these motivational issues is the key to a productive mediation. Mediation is far less expensive than litigation through trial. Whereas parties can control the outcome of their lawsuit by settlement, they cannot control the decision of a judge or jury. There are no winners or losers after a mutually agreed upon settlement. With the background of a civil trial lawyer coupled with the training and experience of a mediator, I provide all parties with a fair, objective and optimistic mediation process, encouraging communication and exchange of information. The process is confidential, tailored to the participants, and most often results in a reasoned and satisfactory resolution of all issues in dispute. I strongly believe in a blend of facilitative and evaluative mediation, depending on the personalities involved and the subject matter of the dispute.

Stanford University (BA-1971); University of the Pacific, McGeorge School of Law (JD-1975).

Admitted to the Bar, California.

The Mediation Society; The Santa Clara County Bar Association; The San Mateo County Bar Association; The Bar Association of San Francisco; California State Bar (Litigation Section; ADR Section).

"Clergy Abuse: Mediating an American Tragedy," THE DAILY JOURNAL, 2012; "A Moveable Feast: The Key to a Successful Mediation," THE RECORDER, 2012; "The Role of the Spouse in Mediation," THE RECORDER, 2011; "Pre-Suit Mediation," THE RECORDER, 2011; "Pets in the City: A Legal Perspective," SAN FRANCISCO APARTMENT MAGAZINE, 2002; "How to Avoid Risk and Expensive Litigation," AMERICAN FUNERAL DIRECTOR MAGAZINE, 2005. Addressed various Funeral Industry groups, including the California Funeral Directors Association (2006), The Cremation Association of North America (2007), The California Mortuary and Cemetery Association (2008), on topics of litigation avoidance and risk management.

Hourly Rate: $895.00 Daily Rate: Not provided Study Rate: $895.00/hr Cancellation: $895.00/hr Cancellation Period: 15 Days Comment: Travel outside of the greater Bay Area at cost.

English

United States of America

Redwood City, California