Mediator Resume

Retired Judge/Private Neutral

Arbitrator, Judicial Trial Referee, Mediator, Educator

Retired Judge/Private Neutral, 2014 - Present; Superior Court Judge, Los Angeles County Superior Court, 2007 - 2014; Founder/Principal, Steele & Persoff, 1989 - 2007; In-House Counsel/General Counsel, Various Corporate, 1977 - 1989.

Well over 35 years of diverse legal experience including as a Los Angeles Superior Court judge, founder and principal of a business litigation firm, and former in-house counsel, including as general counsel, to both public and privately held companies. As a Superior Court judge presided over both unlimited civil (general jurisdiction/direct calendar) as well as probate division courtrooms handling numerous bench and jury trials and settlement conferences in the areas of business, real estate, construction, wrongful death, professional liability, probate/trusts and estates, and other areas. Chaired the committee responsible for bringing to the Central District's Stanley Mosk Courthouse a highly successful pro-bono settlement program. In 2014 created the Rutter Group’s Construction Law Program serving as author, moderator and panelist. For over 20 years taught "Legal Aspects of Construction Projects" at UCLA Extension’s Construction Management Program and regularly guest lectured at USC’s School of Architecture. While in corporate practice, represented companies engaged in the following industries and/or practice areas: supermarket ownership and operations, manufacturing, banking/finance, franchised automobile dealerships, construction (general and subcontracting), real estate development and operations management (office buildings, shopping centers, hotels, etc.) and publishing. Founded firm representing, among others, contractors, architects, engineers, real estate developers, hotel and resort operators, and financial institutions. After earning an undergraduate degree with distinction in Economics, went on to receive a Juris Doctor’s degree and completed both an MBA and a post-graduate program in tax law. Assists parties as a full-time neutral in mediations, arbitrations as well as judicial trial references. Cases include construction (change orders, delay and disruption claims, defect, mechanics liens, stop payment notices, surety claims), real estate (residential, commercial and institutional development/construction, leasing and management), business, corporate, banking, professional liability and others. Perspective as a neutral was also gained having been selected to serve, and served, all the way through verdict in a jury trial case while still a sitting Superior Court Judge. Corporate positions including as General Counsel for commercial real estate developer/general and specialty contracting and hotel ownership and management; Assistant General Counsel in home office of privately held $1+ billion family-owned conglomerate engaged in banking, regional shopping center ownership/management, publishing and multiple franchised automobile dealerships. Perspective as a neutral was also gained from having been selected and served as a juror all the way through verdict in a case while still a sitting Superior Court Judge.

Approximately 8 years' experience as a Los Angeles Superior Court Judge assigned to General (Unlimited) Civil as well as Probate including having presided over more than 100 Mandatory Settlement Conferences (MSC's) in the areas of business, corporate, construction, real estate, professional liability, probate/trusts/estates and other general civil matters (including personal injury, wrongful death, medical malpractice, employment, etc.). In addition, within the first 9 months since retiring from the bench, successfully concluded over 100 mediations as a private neutral in the areas of business, corporate, construction, real estate, probate/trusts/estates and other general civil matters. The amounts in dispute in these mediations have ranged in size from a low of just under One Hundred Thousand Dollars ($100,000.00), a great many in the $1 million+ range, and to over Three Hundred and Fifty Million Dollars ($350,000,000.00). Corporate matters have included shareholder disputes (e.g., minority shareholders' appraisal rights, etc.), construction disputes have included both public and private works of improvement (commercial and residential) sometimes as between contractor and subcontractor but also as between owner and contractor, breach of contract disputes have included franchisor/franchisee claims, attorney fee disputes, commercial and residential real estate purchase and sales, employment including as to highly-compensated former corporate officers vs. employer, professional liability mediations have included claims against attorneys in varying underlying matters including real estate, tax, probate/trust, general litigation, and probate, trusts & estates disputes have included contested conservatorships, elder abuse, pre-death and post-death challenges to estate plans.

The mediator has been devoted to assisting parties throughout his legal career and has assisted in approximately 2,500 - 3,000 mediations of business, corporate, construction, real estate, probate/trusts/estates, professional liability and other general civil matters since the mediator's retirement from the Superior Court bench. Mediated cases include many pre-filing as well as cases filed in multiple jurisdictions throughout the United States including New York, Florida, Maine, Idaho, etc. Prior to retirement, the mediator was the architect of a pro-bono settlement program still in place in the Central District and was personally involved in training 95 mediators for the program. Early in the mediator's judicial career while a criminal court judge, the mediator served as a volunteer mediator in the Superior Court's Retired Judges Settlement Program assisting in resolving civil cases (the mediator was the only sitting Superior Court judge in the Retired Judge's Settlement Program). Amounts in dispute have been in the low hundreds of thousands to hundreds of millions. Corporate matters these would include shareholder disputes (shareholders' appraisal rights, etc.), construction payment and delay, etc. disputes have included both public (e.g., schools) and private works of improvement (commercial and residential) sometimes as between contractor and subcontractor (and suppliers) but also as between owner and contractor, breach of contract disputes have included franchisor/franchisee claims, attorney fee disputes, commercial and residential real estate purchase and sales, employment including as to highly-compensated former corporate officers vs. employer (the mediator does not accept wage and hour claims in mediation), professional liability mediations have included claims against attorneys in varying contexts and underlying matters including real estate, tax, probate/trust, general litigation, and probate, trusts & estates disputes have included contested conservatorships, elder abuse, pre-death and post-death challenges to estate planning documents and pertaining to interpretation of testamentary instruments.

My mediation style and process has been developed based on my experience as a lawyer having practiced for 29 years, Superior Court judge, as a juror who served through verdict while I was a sitting judge, and mediator having assisted in between 2,500 and 3,000 mediations since my "retirement" from the Court. Establishing rapport with the parties has never been difficult for me and I am always honest with the parties in my communications with them -- my credibility with the clients is of paramount importance to me so I might be most effective in helping them settle their cases. I do not see my role as necessarily agreeing with each side's position but rather offering an objective and credible perspective. After a mediation is scheduled I email materials to counsel including an article to be shared with their respective client participants regarding the mediation process. Prior to the mediation I will have carefully read the briefs (which should be provided one week in advance) and as necessary, conducted some legal research if I feel it appropriate. On occasion after reviewing the briefs I may contact one side and/or the other, usually via email but sometimes via telephone, for additional information which may be helpful to me in understanding and analyzing the case and/or the parties' respective positions. My mediations commence with separate conferences with each side beginning with a brief explanation of mediation confidentiality and the mediation process generally. I also focus on the objectives of mediation both generally and specifically as it applies to each participant. That is followed by one or more questions I typically prepare to discuss with the clients in order to better understand the underlying facts and their personal objectives. I have never found joint sessions with the clients conducive to settlement or productive, so the parties are kept in separate virtual rooms throughout the session. My mediations are almost always via remote means and I have found that at least as effective, and far more economical, than having everyone incur the cost and inconvenience of travel. As such, I have mediated cases with parties who have participated from all over the U.S. as well as Europe and Asia. I have begun mediations very early in the morning to accommodate time zone differences. Oftentimes during the process when it first appears a settlement is evident, I begin preparation of a preliminary draft of a settlement agreement for the lawyers to ultimately review and revise when we have finally agreed on terms. I have found that using settlement documents drafted by one side or the other is sometimes viewed with suspicion by the opposing side(s) so this truncates the documentation phase. That initial draft is circulated to all counsel via email, and we then have one or more separate meetings with counsel as necessary to finalize the agreement and have it executed the same day if at all possible (which is most often the case). If it appears to me the parties' positions are not too disparate and a settlement should have been attainable but for some reason we were unable to close the gap during our session, I may issue a detailed, written Mediator's Proposal following the session. These usually have a response time of several days or longer, sometimes considerably longer, depending on the circumstances (e.g., insurance issues, need for one side or the other to obtain a brokers' opinion of value, etc.). In order to enhance the chances for achieving a settlement in a single day, I do not schedule sessions for less than a full day and in most instances, with some exceptions depending on the type of case, I try to keep my cases to no more than 4 sides. I do not generally become involved in cases in which parties do not have counsel although I encourage support people attend as desired.

Proficient and extremely experienced presiding over 100+ remote proceedings (Zoom) as both sole arbitrator and panelist including handling electronic discovery disputes. Electronic evidentiary hearing exhibits, and motion papers, in lieu of hard copies are preferred. Typing speed of approximately 75 wpm, and strong organizational skills affords me the ability to take (and retrieve as necessary) copious notes and electronic filings during status conferences, as well as motion and evidentiary hearings. Detailed, tentative motion rulings are generally provided via email in advance of hearings.

University of San Diego Law School (Tax - 1986); University of Southern California (MBA/Real Estate & Finance -1984); California Western Law School (JD - 1977); San Diego State University (BA Econ. - 1974).

Admitted to the Bar: California (1986), Central District of California (federal).

State Bar of California, Los Angeles County Bar Association, Beverly Hills Bar Association, California Judges' Association.

Publications • Tax Implications, Discounts and Other Considerations Involving Conveyances of Partial Interests. Tax Institute, November 2024 • Practice Tips: Judges Think Differently. Los Angeles Lawyer Magazine, February 2024 • Judges and Lawyers Don't Think Alike - Are Judges' Brains "Abby Normal'? Trust & Estates Quarterly, December 2023 • “5 Commandments of Successful Mediation”; January 16, 2015, Los Angeles Daily Journal • “Trial Master and General Judicial Reference Procedures: Advantages over Arbitration”; GP Solo Magazine, ABA (January/February 2015) • “The Advantages of Judicial Reference” (Construction); November 21, 2014, Los Angeles Daily Journal • “Objection, 352! Shouted Juror #8: The Importance of keeping your case presentation simple and on theme”; August 2013, Advocate, Journal of Consumer Attorneys Association of Southern California • “’Objection!’, Shouted the Juror, A Non-Lawyer”; March 29, 2013, Los Angeles Daily Journal • “Obtaining Approval of Your Client’s Special Needs Trust: A Special Needs Trust is often necessary if a disabled beneficiary of public benefits receives a personal-injury settlement or judgment”, May 2011, Advocate - Journal of Consumer Attorneys Association of Southern California • “The Code of Conduct for Fiduciary Investment”; July 9, 2010, Los Angeles Daily Journal • "Fiduciary Investment 101: Practical Advice on Discharging Fiduciary Investment Duties"; May 2010. Advocate - Journal of Consumer Attorneys Association of Southern California • “Structured Settlement Transfers”: May 2009. Advocate - Journal of Consumer Attorneys Association of Southern California • “California Mechanics Liens On Private Works of Improvement”, Builders Books, Inc. Teaching USC Trusts & Estates Conference. "Judges and Lawyers Don't Think Alike - Are Judges' Brains 'Abby Normal'?" (2023) ABA 2019 Mid-Winter Construction Law Forum Panelist – “Legal Writing Practicum for Construction Lawyers” Los Angeles Superior Court Mediation Program: "Settling Cases Involving Attorneys' Fees Issues" (2019) West Coast Casualty Construction Defects Seminar. "Courtroom Trials, Arbitrations & Judicial References: The Good, the Bad & the Ugly". Moderator/Panelist (2016) USC Trusts & Estates Conference. Mastering the Art of Mediation - "Tax Advantaged Settlement Strategies". Panelist (2016) • The Rutter Group (Thomson Reuters) Recent Developments and Cases in Probate Law. Panelist (2015) • The Rutter Group (Thomson Reuters) Construction Law. Developer, author, moderator and lead panelist (2014) • CJER 2013 Probate Institute Faculty Member (“Fiduciary Investing” and “Attorneys’ Fees in Probate”) • LACBA Trusts & Estates Symposium 2013: Legal Perspectives on Fiduciary Investment and the Economics of Marriage. Panel Member: “Were the Trustee’s Investments Prudent?” • Probate Overview – Supervising Fiduciaries [CJER Probate Institute (2012)] • “Cross-Over Issues Probate/Family Law” Panel Member – LACBA (2012) • “Probate Litigation” [CJER Probate Institute (2011)] • “Fiduciary Investment 101” [CJER Probate Institute (2011)] • “Financial Information: Managing Discovery and Evidentiary Issues” [LASC Civil Bench Seminar (2010)] • Construction Law (MCLE qualified), UCLA Construction Management Program (1989-2009)

No travel charge for arbitrations at the Los Angeles office of the AAA and reduced travel charges for arbitrations in the Palm Springs and Las Vegas areas. No travel or similar charges for entirely remote proceedings. All mediations are remote.

Hourly Rate: Not provided Daily Rate: $15,000.00 Study Rate: $1,500.00/hr Cancellation: $15,000.00/Day Cancellation Period: 30 Days Comment: Mediation hearing rate applies to an 8-hour mediation including up to 2 hours of preparation time for a 2-party case. The mediator does not do half day mediations and mediations are limited to 4 parties unless prior arrangements are made with the mediator. One half hour preparation/study time is added for each additional party over 2. Overtime is at the hourly rate of $1,500. All mediations are remote to be arranged by AAA and AAA or third- party charges apply to be paid directly by parties. Cancellation: Unless mediation is scheduled for a sooner period, daily rate is to be deposited at least 30 calendar days in advance. Cancellation rate for cancellation for any reason is daily rate if canceled within 30 calendar days of scheduled mediation date.

English

United States of America

Pasadena, California