Mediator Resume

Highly experienced educational and legal consultant with over 32 years of experience in advising public agencies, non-public agencies and private individuals in strategies to mitigate both the financial and human cost of litigation through the use of early dispute resolution risk analysis processes, mediation, and meeting facilitation. Assist agencies and organizations build capacity in dispute management and dispute resolution through professional development training in Alternative Dispute Resolution approaches to conflict.

Richard Erhard and Associates, LLC - Principal and Founder

Mediator, Section 504 Hearing Officer, ADR Consultant; Professional Development Trainer

Mediator/Section 504 Hearing Officer, Richard Erhard and Associates, LLC, 2017-Present; Adjunct Professor/Lecturer in Law, University of Southern California Gould School of Law, 2019-Present; Executive Director, New Mexico Horsemen’s Association, 2019-2022; Assistant Superintendent of Student Services, Coronado Unified School District, 2000-2017; Director of Pupil Personnel Services, Coronado Unified School District, 2007-2010; Executive Director Special Education Local Plan Area, West Orange County Consortium for Special Education, 2006-2007; Santa Ana Unified School District, Director, Special Education Local Plan Area, 2004-2006; Santa Ana Unified School District, Assistant Director, Special Education Local Plan Area, 2001-2004; Tustin Unified School District, Director, Special Education Local Plan Area, 2000-2001; Assistant Principal, Los Angeles County Office of Education, Stoneman Principal's Administrative Unit, 1999-2000; Summer Law Clerk, Parker, Covert and Chidester LLP, 1999; Resource Specialist, La Habra City Schools, 1998-1999; Special Education Coordinator, Alamogordo Public Schools, 1994-1998; Assistant Special Education Coordinator, Alamogordo Public Schools, 1993-1994; Qualified Mental Retardation Professional, New Mexico State Department of Education, Fort Stanton Hospital and Training School, 1992-1993; Special Education Teacher, Ruidoso Municipal Schools, 1990-1992; Special Education Teacher/Coordinator, Fort Sumner Municipal Schools, 1989-1990.

Following nearly three decades of service in public education, for multiple agencies in two states, retired from public service as an Assistant Superintendent of Student services in 2016. Currently, Principal | Founder of a consulting firm, providing mediation and consultation services focusing on educational and equine disputes. Clients include public agencies, private parties and non-profit agencies in California and New Mexico. A frequent presenter on the use of alternative dispute resolution, speaking at state, regional and national conferences, twice hosted the California Special Education Annual Alternative Dispute Resolution Conference. In addition to a private dispute resolution practice and membership, past and present, on multiple non-profit Boards, is a member of the adjunct faculty at the University of Southern California (USC) Gould School of Law, Center for Conflict Resolution, and has taught the following courses: Special Education Dispute Resolution; Directed Research; and Mediation Theory and Practice. In January, 2023, was inducted into the National Academy of Distinguished Neutrals (NADN).

Representative mediation matters include: claims filed by parents of students with disabilities and/or school districts serving students with disabilities regarding the provision of a free appropriate public education, with settlement ranges between $5,000 - $80,000; the provision of reasonable accommodations for individuals with a physical or mental impairments substantially limiting one or more major life activity; labor and management disputes in both public education and the equine racing industry; facilitated a purse tax agreement in excess of $5 million between horsemen, horse breeders and five (5) racetrack management groups.

Claims filed by parents and/or school districts under the Individuals with Disabilities Education Act and related state statutes; claims filed by parents under Section 504 of the Rehabilitation Act; claims filed by horsemen’s groups under the Interstate Horseracing Act and related state statutes; public education labor and management disputes; equine racing industry disputes.

A mediator’s style should be open, conversational, collaborative and economical, focusing on the goal of resolving disputes at the earliest possible opportunity and level. The mediator’s task is to work with the parties and assist them in resolving the dispute between them, then reduce that resolution, with the assistance of their attorneys, into a written agreement. The preference in approach should be forward looking. While litigation looks to the past, mediation looks toward the future. Determine what the parties would like to do to resolve the issue or issues that brought them to mediation. Remind the parties, it’s not important that they reach agreement on what happened…that’s in the past. What is important is that they resolve the issues of the past, through reaching agreement on what they are going to do in the future. The mediator’s role is to keep the parties moving toward reaching that agreement. To achieve the stated goal of resolving the dispute at the earliest possibility and level, an early dispute resolution four-step process is employed as follows: first, an initial dispute assessment to understand the material facts and issues of the case, simplified to the core claims, dispositive legal and factual issues; second, information and document exchange to provide the parties, counsel and experts sufficient information to understand the essential elements of the case; third, risk analysis to determine the risk adjusted monetary value of the case, as well as identify any subjective risk factors; and fourth, resolution through principled negotiation, based on the parties representative risk analysis.

Proficient with Microsoft 365 suite as well as video conferencing platforms Zoom and Microsoft Teams.

New Mexico State University (MA-Educational Management and Development - 1998); New Mexico State University (MA-Special Education -1989; Santa Barbara Art Institute (BFA-with distinction-1972).

California – Clear Administrative Services (2002); Washington – Superintendent (2010-2017); Program Administrator (2010-2017); New Mexico – Level 3B – Administrative K-12 (1993-2002); Level 3 A – Instructional Leader K-12 (1992-2001); Level 2 – Standard – Special Education K-12 (1992-2001); Level 1 – Standard – Special Education K-12

National Academy of Distinguished Neutrals; American Bar Association, Associate Member, Dispute Resolution Section; San Diego County Bar Association, Dispute Resolution Section; Southern California Mediation Association, Past President, Board of Directors; Orange County Dept. of Education, Section 504 Mediators/Hearing Officers; National Horsemen’s Benevolent Protection Association; Alpine Education Foundation, Board of Directors; Association of California School Administrators; San Diego County Administrators of Special Education, Board of Directors; Orange County Administrators of Special Education, Board of Directors.

Publications: An Incremental Paradigm Shift in Special Education Dispute Resolution: Early Dispute Resolution – “Breaking the Making to Fail Model” – American Bar Association Dispute, Dispute Resolution Section – June 2023 In the wake of COVID-19: An awakening of special education dispute resolution: Q&A with USC Gould Lecturer in Law - The ADR Quarterly: Expanding the Dialog - USC Gould School of Law Center for Dispute Resolution – USC ADR 2021 Retrospective - Winter 2021 Special Education Dispute Resolution in the Era of COVID-19 - The ADR Quarterly: Expanding the Dialog - USC Gould School of Law Center for Dispute Resolution – Winter 2020 Presentations: From Legal Disputes to Consensus: Expanding the Continuum of Options in Dispute Resolution – 51st Annual Global Symposium on Racing, Tucson, AZ – December 2025 Special Education Dispute Resolution: Implications for Family Mediators, Clients and School Age Children with Disabilities - Academy of Professional Mediators, October 2023 Early Dispute Resolution vs. Institutional Mediation: Therapeutic Jurisprudence Considerations for Special Education ADR - Sam Houston State University, Student Legal and Mediation Services, 11th Annual Conflict Resolution Month, Houston, TX, October 2023 Horseracing in New Mexico: An Opportunity for Improvement – New Mexico State Legislature, Commerce and Economic Development Policy Committee, Santa Fe, NM, February 2022 Status of NM Horseracing: the end of the trail or an opportunity for improvement! - National Horsemen’s Benevolent Protection Association, Quarterly Meeting, Lexington, KY, 2022

Hourly Rate: Not provided Daily Rate: $4,500.00 Study Rate: $450.00/hr Cancellation: $2,500.00/Day Cancellation Period: 21 Days Comment: Entitled to all reasonable travel expenses incurred including meals, business class air fare, ground transportation and executive lodging.

English

United States of America

San Diego, California