Mediator Resume

Experienced litigator turned arbitrator and mediator. Tried over 133 jury trials to verdict plus represented clients in dozens of binding arbitration hearings. Diplomate in ABOTA and Master in American Inns of Court. Involved in hundreds of settlement conferences over 45 years, including many high value tort cases. Represented both defendants and plaintiffs in civil cases since 1972. Participated in mediation and arbitration since 1980's, serving in hundreds of cases to date, and limits practice to ADR since 2017. Experience as an arbitrator and mediator has involved a broad range of disputes, primarily including personal injury torts, commercial contracts, consumer claims, privacy and data breach claims, and professional liability.

Deuprey Law Firm, LLP - Partner

Arbitrator, Mediator

Partner, Deuprey Law Firm, LLP, 2000 - Present; Partner, Wingert, Grebing, Brubaker & Ryan, 1997 - 2000; Managing Partner, Ault, Deuprey, Jones & Gorman, 1978 - 1997; Business Law Instructor, San Diego Community Colleges, 1970 - 1982; Shareholder/Associate, Holt, Rhoades & Hollywood, 1972 - 1978; Prosecutor, Deputy District Attorney's Office, San Diego County, 1969 - 1972; Law Clerk, U.S. District Judge Edward Schwartz, 1968 - 1969.

Civil litigation: Tried over 100 civil jury cases to verdict and represented parties in dozens of private binding arbitration hearings between 1972 and 2017. Member of American Board of Trial Advocates since 1986, with the highest rank of Diplomate; Master with the American Inns of Court, Welsh Inn of San Diego, since 1996. ADR: Has limited practice to arbitrations and mediations since 2017. Has been appointed as a neutral arbitrator in over 675 cases to date. Represented clients in both civil litigation and as a neutral in arbitrations concerning a broad spectrum of issues, including professional liability (physicians, attorneys, loan brokers, architects, engineers and others), consumer cases, negligence cases of many types, products liability (including industrial and heavy equipment, pharmaceuticals, medical equipment and others), defamation (libel and slander), fraud and misrepresentation, unfair business practices, false advertising, franchise contract violations, commercial contracts, antitrust violations, Americans with Disabilities Act (ADA) violations, employment (discrimination and wrongful termination), government tort liability, administrative agency discipline, automobile accidents (including accident reconstruction), premises liability, and insurance coverage and bad faith, primarily on the defense side but including numerous plaintiffs' cases. Provider-payor types of insurance payment disputes and insurance coverage cases have been included in arbitration and litigation contexts. Insurance issues have included intentional tort and sexual misconduct allegations relative to homeowners' and professional liability policies, professional licensure defense, rights to excess coverage, rights to independent counsel, and UIM coverage issues, in addition to disputes over the right to reimbursement for medical care under healthcare policies. Has briefed and argued at least a dozen appeals (including briefing and argument before the California Supreme Court). Served as speaker and panelist in numerous seminars for lawyers and judges over the years, primarily on topics involving evidence and the handling of jury trials and binding arbitrations, including annual seminar presentation as a Master with the American Inns of Court. Has presided as a hearing officer (with over 100 hearing sessions) in private administrative disciplinary proceedings under hospital bylaws. Taught business law in evening courses for 12 years with San Diego Community College system and for 8 years taught a master's level course on current legal issues in healthcare law for the U.C. Extension program at the University of California at San Diego (2016 to 2023).

Drawing upon experience as a civil litigator participating in hundreds of settlement conferences over the course of 45 years, from 1972 through 2017, involving innumerable high value cases, including structured settlements and special needs trusts, there is a deep understanding of the process. While serving as a neutral mediator, the vast majority of cases included various types of personal injury cases, breach of contract issues, professional liability (both medical and legal) and consumer law issues. In addition, the cases mediated also involved issues of product liability, breach of fiduciary duties, banking practices, property disputes, commercial and construction contracts, attorney fee disputes, homeowners association disputes, partnership disputes, a landlord-tenant dispute, and alleged civil harassment, including some multi-party mediations.

In addition to many personal injury cases involving vehicular and premises liability, the specific cases mediated included a 6-party dispute involving allegations of fraud and illegal vehicular repossession against a large national rental car company; privacy violation claims brought by 96 individual consumers against a large international company, contending theft of personal information by imbedding marketing pixels in its website; a long-standing, highly contentious property line dispute among neighbors; claims of breach of an entertainment event contract; various medical malpractice claims, including allegations of wrongful death; multi-party disputes involving investors in commercial real estate development projects; a dispute over a bank’s handling of payments on a promissory note; claims of negligent supervision against a school involving a special needs student; disputed government administrative citations on a nursing home; alleged design flaws against the manufacturer of protheses for fractured limbs; 4-party matter contending legal malpractice, involving representation in underlying suits alleging fraud and seeking rescission; case alleging failure to honor liens for attorney services; a dispute over consignment agreements for precious jewelry; a homeowner-contractor dispute contending breach of a construction contract; a suit against a manufacturer involving allegations of defects in purchased home appliances; and a variety of other subjects.

The goal of the mediation process is to provide a fair, safe, and neutral environment for the exploration of the possibilities for resolving disputes, no matter how contentious. Initially, I try to be a good listener, in order to fully understand the facts, legal issues and any special interests the parties may have, including personal as well as financial and legal issues. This process starts before the formal mediation session, when I contact each of the parties in advance to anticipate any approaches or special considerations that would assist in reaching a resolution. I respect the autonomy of the parties, emphasizing that reaching resolution in mediation must be a voluntary rather than a coercive process. In facilitating this process, I consider it my task to help the parties appreciate the realistic costs and stress of continuing the litigation and possibly going to trial if settlement does not occur, and to suggest consideration of creative solutions which would serve the interests of all sides to the dispute. My approach is primarily facilitative, but may evolve into an evaluative mode if the parties so desire, including offering a mediator’s proposal if all parties request it.

Extensive experience as an arbitrator and a mediator presiding over proceedings held virtually, utilizing both the Zoom and MS Teams platforms. Since the pandemic started in early 2020, has conducted the vast majority of evidentiary hearings using Zoom, for which links are created with the arbitrator as host for the meetings, utilizing screen sharing for display of exhibits.

Boalt Hall School of Law, University of California at Berkeley (J.D. - 1968); Riverside campus of the University of California (B.A. - 1965) (Phi Beta Kappa, Chapter at UCR, l965); Chaffey College (A.S., Engineering - l962; A.A. - 1963).

Admitted to the Bar: California (1969). Teaching Credential (1970).

American Board of Trial Advocates (Diplomate); American Inns of Court (Master); California Society of Healthcare Attorneys (CSHA); American Health Law Association (AHLA); Southern California Association of Health Risk Managers (SCAHRM); San Diego County Bar Association.

Since the 1970's, has made many speaking presentations at seminars for lawyers and judges, primarily in the areas of education for litigators on topics of trial and arbitration practice, including serving as panelist for annual presentations in the American Inns of Court. Most recently, conducted a webinar in 2023 for the San Diego County Bar focused upon drafting of arbitration agreements.

There are no charges for the expenses of travel anywhere within the County of San Diego or the County of Orange, California.

Hourly Rate: $800.00 Daily Rate: Not provided Study Rate: $800.00/hr Cancellation: $3,200.00/Day Cancellation Period: 7 Days Comment: Deposits for the estimated time for the mediation must be received no later 21 days before the mediation. Flat cancellation fee of $3,200 will apply if a cancellation or continuance occurs within 7 calendar days of the scheduled mediation.

English

United States of America

San Diego, California