Mediator Resume

Polland Resolution Services - Arbitrator and Mediator

Arbitrator and Mediator

Arbitrator and Mediator, 2020 - Present; Litigation Partner, Gordon & Polland LLP, 2008 - 2020; Litigation Partner, Barg Coffin Lewis & Trapp LLP, 2000 - 2008, Litigation Partner, Landels Ripley & Diamond LLP, 1996 - 2000; Litigation Partner/Associate, Griffinger Freed Heinemann Cook & Foreman LLP, 1992 - 1996; Litigation Associate, Shartsis Friese LLP, 1987 - 1992; Bank Examiner, Crocker National Bank, 1981 - 1984.

More than 35 years of litigation and dispute resolution experience. Presided over hundreds of arbitrations and mediations involving commercial, real estate, securities, business tort, business ownership, and partnership disputes as described below. Recognized as a Northern California Super Lawyer in Alternative Dispute Resolution. BUSINESS OWNERSHIP DISPUTES: Dissolution, securities, shareholder and partnership cases, including claims relating to business sales, buyouts, mergers and acquisitions, breach of buy-sell agreements, asset purchase and escrow agreements, operating agreements, joint venture agreements, and partnership agreements, disputes over asset and goodwill valuations and liquidations, breach of fiduciary duty, accounting, and earnout claims, LLC member disputes, shareholder derivative actions, minority shareholder claims, and successor liability. COMMERCIAL/BUSINESS/CONTRACT: Disputes involving consulting and professional services agreements, software development and licensing agreements, distribution and supply contracts, purchase agreements, franchise agreements, consumer agreements, equipment leases, surety agreements and personal guarantees, indemnity claims, billing issues, vendor agreements, investment disputes, interference with contract, breach of non-competition and non-solicitation covenants, employment agreements, executive compensation, UCC sales and financing transactions, warranty, settlement agreements, automobile sales and financing, consulting services, medical provider insurance reimbursement claims, healthcare payor provider cases, attorney fee disputes. REAL ESTATE: Cases including breaches of purchase and sale agreements, options, rights of first refusal, commercial leases, property management agreements, residential and commercial development, financing agreements, secured transactions, deeds of trust and mortgages, foreclosure, homeowner and property owner association disputes, CC&Rs, tenancy in common agreements, commission disputes, nondisclosure claims, broker liability, dual agency, boundary disputes, title insurance, land use and entitlement, zoning, partition, easements, environmental cases, hazardous waste, environmental regulations, and property valuation disputes. COMPLEX COMMERCIAL AND CORPORATE: Business torts, fraud, breach of fiduciary duty, corporate governance, intellectual property, misappropriation of trade secrets, unfair and/or deceptive business practices, unfair competition, statutory violations, professional negligence and misconduct, insurance coverage, specific performance, injunctive and declaratory relief. CANNABIS: Industry disputes, including disputes between business owners, between dispensaries and providers of payment processing services, and landlord disputes. Industry experience includes real estate management and development, shopping centers, REITs, construction, accounting, financial services, broker-dealers, venture capital, banking, eCommerce, online marketing platforms and stores, cryptocurrency (bitcoins), legal services, business and environmental consultants, software development and licensing, telecommunications, call centers, radio stations, wireless, cable, healthcare, medical devices, pharmaceuticals, professional medical corporations and groups, veterinarians and veterinary hospitals, mental health and counseling, hospitality, hotels and resorts, golf courses, travel, food, beverages and restaurants, beer and wine, entertainment, transportation, automotive, utilities, energy, natural gas, solar, cannabis, agriculture, advertising, marketing, and public relations, franchises, retail, clothing and apparel, and educational institutions and schools.

Mediated over 200 cases including contract, landlord tenant, business ownership/control, employment, probate and commercial disputes. Serve on Settlement and Mediation Panels for Alameda, Contra Costa, Marin and San Francisco County Superior Courts.

Breach of contract, business ownership/control issues, business tort and breach of fiduciary duty, landlord tenant, probate/will contests, and employment disputes.

I typically reach out separately to the attorneys for each party in advance of the mediation. I spent 33 years litigating cases, and have great respect for the work that litigators do. I ask for background about the case, and get to know each of the attorneys. These calls allow me to structure the mediation in a manner that meets the needs of the parties. I encourage parties to exchange information in advance of the mediation, including the basis for damage calculations, and key documents and information that support their claims and defenses. I take the time necessary to understand each party's position, and how their interests can be served through a settlement. Confidentially is an essential pillar of mediation, and I do not share information provided to me in private caucuses unless authorized to do so by the party providing the information. I work with each party to develop realistic settlement proposals that address the needs and interests of all parties. I also act as a sounding board. I generally do not share my view of the likely outcome of the case. However, in a private caucus and at later stages in the mediation, I may share my views regarding specific issues if requested to do so by the parties, and if I believe this information will facilitate settlement. I find that Zoom works very well for conducting virtual mediations.

Conducted over 100 virtual and hybrid arbitrations and mediations. Significant experience addressing technology issues arising during the pre-hearing discovery process, including discovery of electronic documents.

UC Berkeley School of Law (JD, Order of the Coif, American Jurisprudence Awards in Contracts, Labor Law, Commercial Transactions, and Corporations -1987); Wesleyan University (BA - 1981).

Admitted to the Bar: California (1987); US District Court: Northern, Eastern, and Central Districts of California; US Court of Appeals: 9th Circuit.

State Bar of California; American Bar Association.

Panelist: "Discovery In Arbitration: Recent Developments, Best Practices, and AI’s Impact", American Arbitration Association Webinar, June 2025, California Lawyers Association Webinar, October 2025, and Bar Association of San Francisco Webinar, February 2026. Author: "Using Cost-Shifting Rules and Statutes to Increase Recoveries in Arbitration", Alternative Dispute Resolution, quarterly publication of the American Bar Association, March 2023 Speaker: "Attorney Fee and Cost Awards in Arbitration", presented at the American Bar Association's Dispute Resolution Conference, May, 2023; at a San Francisco Bar Association Webinar, March, 2023; at American Arbitration Association Webinars, January, 2023 and July, 2024; and at a California Lawyers Association Webinar, October 2024 Speaker: "Mass Arbitrations from the Arbitrator's Perspective", presented at the American Arbitration Association's Roundtable Brown Bag Series, May, 2022 Panelist: Orientation for New Temporary Judges of the San Francisco Superior Court, November, 2021 Speaker: "The Benefits of Mediation", presented to the East Bay Lawyers Affinity Group of ProVisors, June, 2021 Panelist: "Remedies in Real Property Litigation", presented to the Bar Association of San Francisco, 2015

No charge for travel expenses in San Francisco Bay Area.

Hourly Rate: $500.00 Daily Rate: Not provided Study Rate: $500.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: Compensation rates, established by the AAA, are set forth in the applicable Consumer Mediation Procedures.

English

United States of America

Berkeley, California