Mediator Resume

Menard Mediation, Inc. - Principal

Attorney, Mediator

Principal, Menard Mediation, 2008 - Present; Partner, Brown White & Osborn LLP, 2019 - 2025; Principal, Law Office of Jean-Paul Menard, 2008 - 2019; Partner, McKenna Long & Aldridge LLP (now Dentons US), 1997 - 2008; Partner, Stephens Berg & Lasater, 1986 - 1997; Associate, Munns Kofford Hoffman Hunt & Throckmorton, 1984 - 1986.

Conducted over 1000 mediations in litigated and non-litigated matters since 2008, including multi-party disputes, involving employment, business, commercial, real estate, partnership, unfair competition, and business torts. Participated in hundreds of mediations as an advocate since 1984. Mediation panelist for the California Association of Realtors and the United States District Court, Central District of California. Former mediation panelist for the Los Angeles Superior Court ADR Program. Forty years of complex litigation experience at the trial and appellate levels in state and federal courts involving employment, breach of contract, business torts, fraud, real estate, and unfair competition claims. Counseling of clients on business strategies to minimize exposure to costly and unnecessary litigation. Additional experience in consulting with clients on employment related issues and negotiating and documenting business and commercial agreements.

Conducted over 1000 mediations since 2008, in the following areas: (1) Employment matters, including claims for discrimination, harassment, wrongful termination, wage and hour, and breach of express and implied contracts. (2) Commercial and business matters, including breach of contract claims, collection matters, and consumer remedies. (3) Real estate matters, involving purchase and sale of commercial and residential properties, disclosure obligations, brokerage fiduciary duty issues, landlord-tenant disputes, quiet title and partition actions, declaratory and injunctive relief, specific performance actions, and HOA related disputes. (4) Unfair competition claims, including statutory and common law claims, unfair business practices, trade secret violations and business interference claims. (5) Statutory and common law claims for trademark, trade name, and trade dress infringement, false advertising claims, and copyright infringement violations. (6) Intentional and negligent misrepresentation and concealment claims. Mediation training includes the following: Certification by the Los Angeles County Bar Association to conduct mediations. Participation in numerous mediation training courses and seminars since 2007, including the basic and advanced mediation training programs offered by the Los Angeles County Bar Association, and programs presented by the Southern California Mediation Association (SCMA), the Straus Institute for Dispute Resolution at Pepperdine University School of Law, the USC Gould School of Law, the United States District Court for the Central District of California, and ADR Services, Inc.

Mediated a wide variety of disputes and substantive issues, including employment claims, involving discrimination, harassment, wrongful termination, breach of express and implied contracts, and wage and hour claims; breach of contract claims, and collection matters; real estate disputes, including purchase and sale of commercial, industrial and residential properties, non-disclosure and fiduciary duty issues, landlord-tenant, quiet title, partition, declaratory and injunctive relief, and specific performance actions; business entity disputes involving partnerships, corporations, and LLCs; unfair competition claims, including trade secret violations and business interference claims; and fraud claims.

Since 2008, Mr. Menard has dedicated a significant amount of his time as a private mediator assisting parties in resolving their disputes, believing mediation is a more cost-effective and efficient manner of resolving conflicts. Mr. Menard integrates his litigation, negotiation and interpersonal skills in his mediation work, and is very persistent, patient, and proactive when seeking resolution. His methods and demeanor contribute to a high success rate in settling cases; attorneys and parties have commented that his demeanor makes him an effective mediator. Mr. Menard is flexible during the mediation process, adapting to the circumstances involved in each matter including the nature of the case, and the personalities and desires of the parties. He caucuses with each side privately throughout the mediation in resolving the dispute. During this process, Mr. Menard explores the material issues of the case and each party’s interests. He poses questions relating to the strengths and weaknesses of each party’s position. Generally, Mr. Menard takes an evaluative approach during the mediation and expresses his views if it will facilitate a resolution of the dispute. A settlement is memorialized in a written agreement signed by the parties at the mediation. A successful mediation requires the physical presence of final decision makers with full settlement authority. Thus, Mr. Menard requires that such individuals attend the mediation in person. Mr. Menard requests that the parties submit mediation statements seven days prior to the mediation. Statements should include a summary of the relevant factual and legal issues, the material case and/or statutory authority, an analysis of the claimed damages, and a discussion of any prior settlement negotiations. The parties may submit relevant documents with their statement. Mr. Menard recommends that parties exchange their statements prior to the mediation, which will make the mediation a more productive and efficient process. Any information that is sensitive in nature, such as a party's specific interests and priorities regarding settlement, may be sent to Mr. Menard in a separate writing marked "Confidential for Mediator's Eyes Only." Mr. Menard generally conducts an individual or joint pre-mediation telephonic conference with counsel or the parties if unrepresented. The purpose of this conference is to discuss scheduling, the nature of the case, the status of any discovery, the intended participants at the mediation, and any interests or issues the parties would like to address prior to the mediation.

Loyola Law School (JD - 1984); California State University, Northridge (BA, magna cum laude - 1981).

Admitted to the Bar: California (1984); U.S. District Court: Central, Northern, Eastern and Southern Districts of California, Western District of Michigan; U.S. Court of Appeals: Ninth Circuit.

Mediation Panelist, California Association of Realtors Mediation Panelist, United States District Court, Central District Statewide California Mediation Association, Professional Member

Santa Monica and Downtown Los Angeles

Hourly Rate: $575.00 Daily Rate: Not provided Study Rate: $575.00/hr Cancellation: $575.00/hr Cancellation Period: 10 Days Comment: $4,000 minimum mediation fee for a 1/2 day mediation, includes 4 hours of mediation time and 3 hours of study time. $6,200 minimum mediation fee for a scheduled full-day mediation, includes up to 7 hours of mediation time and 4 hours of study time. Any unused time is not refundable. Any additional time is invoiced at $575 an hour. Travel rate applies for travel outside the Santa Monica and Downtown Los Angeles areas. Cancellation fee applies if the mediation is cancelled within 10 days of the mediation date.

English

United States of America

Santa Monica, California