Mediator Resume

California attorney and experienced neutral with nearly 50 years in practice, serving as arbitrator and mediator in complex business, commercial, real estate, construction, financial, and consumer disputes. As arbitrator, provides a balanced, impartial process upholding substantive and procedural fairness, respects party autonomy, and manages proceedings to minimize delay and expense, rendering well-reasoned, final awards grounded in the evidence, the law, and equitable considerations. As mediator, works to understand each party's interests and create conditions for durable, self-determined resolution. Committed to open communication and the highest standards of ethics and professionalism.

Thomas C. Watts, A Professional Corporation - Principal University of La Verne College of Law - Senior Adjunct Professor of Law

Attorney, ADR Neutral, Professor of Law

Attorney/ADR Neutral, Thomas C. Watts Inc., 1977 - Present; Adjunct Professor of Law, University of Laverne - School of Law, 2016 - Present.

Nearly 50 years of experience as an attorney, representing clients ranging from individuals and family businesses to multinational companies, including as lead counsel in large commercial disputes involving sales and contracts. Extensive experience resolving complex civil disputes, with particular focus on construction, real estate, business, and consumer claims. Construction matters have included custom home building, pedestal and post-tension construction, swimming pool failures, and issues involving concrete masonry units, concrete flatwork, and inter-trade disputes among drywall, masonry, electrical, and HVAC subcontractors. Matters have addressed scope of work and change orders, project terminations, delay claims including critical path analysis, concurrent delay, float ownership, labor disruptions, classification disputes, and payment disputes involving Miller Act bond claims, prompt payment violations, and force majeure defenses, as well as soil-related issues including compaction and subsidence. Has served as advocate or arbitrator for owners, architects, general contractors, subcontractors, and material suppliers. Real estate matters have included quiet title actions, easement and boundary disputes, adverse possession, encroachment claims, and partition actions among co-owners. Commercial lease disputes have involved triple net expense allocations, fraudulent misrepresentation, concealment of property conditions, and failure to disclose material facts. Business disputes have involved breach of fiduciary duty, misappropriation, failure to disclose conflicts of interest, and management and control issues in partnerships, limited liability companies, and corporations, as well as disputes arising from private purchase and sale agreements, secured transactions, and employment agreements. Consumer and warranty matters have included breach of warranty, unfair competition, Magnuson-Moss and Song-Beverly Consumer Warranty Act claims, automobile lemon law disputes, and cryptocurrency and digital asset matters.

Settlement Officer for the Orange County, Riverside, and San Bernardino Courts from 1985 to 2008. From 2008 to present, served as a mediator in both private and compensated court-connected cases. Preference for resolving complex disputes within commercial (B2B), real estate, construction (trade disputes), and high-conflict business sectors, including dissolutions, successorship, customer list, and partition disputes. Exhibited strong litigation capabilities in commercial and real estate law, managing the dissolution of partnerships, corporations, and limited liability companies, and securing multimillion-dollar judgments. Extensive expertise in resolving personal injury litigation. Possesses comprehensive experience in managing multi-party disputes.

Over the last 20+ years, the types of cases mediated have varied, but within subject-matter expertise. While effective in personal injury matters, the preference is for complex and nuanced matters involving the opportunity to navigate difficult situations. These types of issues are representative as opposed to comprehensive. Public Policy matters typically hosted by governmental entities, drawing together use-group stakeholders of diverse interests and positions. Real Estate matters ranging from claims of breach and/or fraud in resale contracts, commercial lease disputes, ingress, egress and access matters, homeowner association issues, claims for real property partition, zoning, state and municipal tax assessments, inheritance and estate disputes. Commercial contracts (both B2B and consumer matters). Complex claims relating to purchase and sale of businesses, partnership and shareholder claims, IP claims involving alleged theft of customers/trade secrets, construction trade resolutions (owner/design team/general contractor/ sub-contractors), supply chain matters, and debt recovery.

My approach to mediation is rooted in thorough preparation and informed adaptability. I begin by engaging with counsel and party representatives before the mediation to understand the claims, supporting facts, applicable law, and key dynamics. This pre-session groundwork helps identify barriers, clarify expectations, and improve the likelihood of a productive negotiation once the session begins. I tailor the mediation process to the needs of the case and the participants. I may use joint sessions to encourage direct dialogue or rely on private caucuses when emotions run high or the issues are highly technical. I am comfortable facilitating open discussion, but will not hesitate to test positions, provide candid feedback, or model settlement structures when the situation calls for it. My style can range from facilitative to evaluative depending on what the case demands, and I remain alert to whether the approach is advancing progress or needs to be adjusted in real time. My mediation work covers a wide range of civil disputes, with particular depth in construction, real estate, business, and consumer warranty matters. I have handled complex construction disputes involving scope changes, delays, critical path analysis, change orders, force majeure, trade coordination, and project closeout issues. Real estate matters have included commercial lease disputes, nondisclosure of material conditions, triple net expense allocations, boundary disputes, easements, and partition actions. In business cases, I have mediated internal disputes among partners, shareholders, and LLC members involving claims of breach of fiduciary duty, misappropriation of assets, failure to disclose conflicts, and control over company direction. I also handle consumer warranty claims under the Song-Beverly Act, Magnuson-Moss Warranty Act, and state unfair competition laws, including those involving high-value vehicles and complex products. I work well with experienced counsel and am comfortable navigating matters where long-term relationships, reputational risk, or legacy considerations are at play. I strive to earn the confidence of parties and attorneys alike by listening carefully, staying focused, and facilitating movement toward durable and informed agreements. Every mediation is different, and I am prepared to meet the dispute where it lives.

Fully equipped with enterprise-grade technology to support all forms of virtual hearings, mediations, and conferences. Operates fluently across all major videoconferencing and case management platforms with high-speed, secure, and redundant systems in place to ensure confidentiality, continuity, and quality of process.

Pepperdine University School of Law - Straus Institute for Dispute Resolution (Master of Laws, Dispute Resolution-2008); Western State Law School (Juris Doctorate-1977); Chapman College (Bachelor of Arts, Political Science-1974).

Admitted to the Bar: California (1977); US District Court: Central District and Northern District of California; US Supreme Court; US Tax Court. California Real Estate Broker (1978).

Fellow, Chartered Institute of Arbitrators; American Bar Association, Dispute Resolution section; Los Angeles County Bar Association Orange County Bar Association; Riverside County Bar Association; San Bernardino County Bar Association.

American Bar Association, Managing Mediation Myths in an Online World, 2021; Riverside Bar Association, Zoom Arbitration: Don’t Get Caught with Your Pants Down, 2020. American Arbitration Association, The Dependently Independent Arbitrator May 2023 San Bernardino Bar Association, Implicit Bias and Critical Thinking June 2024 Numerous other CEB short presentations on ADR issues of interest to the profession and general public. Numerous articles annd posts on matters of interest to the legal profession

Orange, Los Angeles, Riverside and Northern San Bernardino Counties California

Hourly Rate: Not provided Daily Rate: $5,000.00 Study Rate: Not provided Cancellation: Not provided Cancellation Period: Not provided Comment: Rate includes pre-session meeting and study. $3000.00 half day (4 hour session). Actual travel costs are billed as incurred.

English

United States of America

Anaheim Hills, California