Thursday, December 10, :30 pm 2:30 pm. Successful Mediation: The Paradigm Shift in Legal Advocacy

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Norma Hardy
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Thursday, December 10, 2009 1:30 pm 2:30 pm

1 Thursday, December 10, :30 pm 2:30 pm Successful Mediation: The Paradigm Shift in Legal Advocacy 1

2 James L. Hazard James L. Hazard was a member of the Board of Directors of ADC from 1994 through 1998, 1998 Co-Chairman of ADC Education Committee; and 1994Chairperson and originator of Northern California ADR-Mediation Certification Seminar, which features mediation skills involving wrongful death and sexual harassment cases. James Hazard has been named by Northern California Super Lawyers magazine for six consecutive years as one of the top attorneys in the practice of ADR. James Hazard is now resolving a wide variety of cases as a mediator. He has tried more than 50 Superior Court and U.S. District Court jury trials. He is a member of ABOTA. He served as an Assistant U.S. Attorney, Northern District of California, ; as a Walnut Creek City Council Member, ; and as Mayor, and He is a Master in the Robert McGrath American Inn of Court. He mediates claims of personal injury involving vehicles, water craft, premises and products as well as employment, municipal actions, police conduct, and contract disputes. Lee Jacobson, Esq. Admitted to the bar in Education: University of California at Davis (BA Political Science and Mass Communications with honors) 1977; University of Santa Clara (JD) 1980, associate Editor, Santa Clara Law Review, U.S. District Court, Eastern District of California. Prior Employment: Ericksen, Arbuthnot, Paynter & Brown, Inc., ( ), partner Lee M. Jacobson has been a member of the California Bar since He has been a partner in the firm since its formation in Mr. Jacobson s practice emphasizes general insurance defense and insurance coverage. Since January 2000, Mr. Jacobson s practice has been entirely devoted to alternative dispute resolution. He has mediated/arbitrated over 2,100 cases and served as Judge Pro Tem for Fresno County Courts hearing mandatory settlement conferences for over ten years. He is a member of California Neutrals and the Association for Conflict Resolution. Janine S. Simerly Ms. Simerly has been practicing law since 1977, most recently as a shareholder in the employment law practice group at Seyfarth Shaw. Focusing on jury trials, Ms. Simerly is well known for her courtroom skills. She has tried over 35 cases to verdict with notable success, including a defense verdict in June 2007 in a multi-plaintiff racial discrimination/harassment case and a December 2006 defense verdict in a whistleblower/retaliation case. While both these cases were tried in San Francisco Superior Court, Ms. Simerly has tried cases throughout California as well as in numerous federal courts throughout the country during her 30 years of practice. Ms. Simerly is a member of the prestigious American Board of Trial Advocates and taught advanced litigation and advocacy skills for a variety of organizations. She has served on the faculty of the Trial Academy programs sponsored by the International Association of Defense Counsel. She was also on the faculty of the Champions of the Courtroom annual trial symposium sponsored by the Litigation Section of the State Bar of California. Ms. Simerly received her J.D. cum laude in 1977 from Loyola University in New Orleans, where she was the Editorin-Chief of the Loyola Law Review. She received her Bachelor of Arts degree, magna cum laude, from St. Mary s Dominican College in Education: J.D. cum laude, Loyola University; New Orleans, LA, B.A. magna cum laude, St. Mary's Dominican College; New Orleans, LA 2

3 Jerry Spolter, Esq. Jerry Spolter, Esq., a veteran mediator and recipient of numerous awards in the field of mediation, is widely recognized for his energetic, upbeat persona, and tenacity in getting parties to resolve disputes. Among Mr. Spolter's crucial strategies for successful mediations is identifying and resolving "red flags" before settlement talks even commence, as well as diligent preparation, ensuring that the persons with settlement authority are present at the hearing, confronting conflict in the joint session, and persistent follow up. ADR Experience and Qualifications: Mr. Spolter has served as a neutral in more than 2,000 disputes covering a full range of issues since 1980 emphasizing business, construction, employment, professional liability, and personal injury. Representative Matters Hawaiian retail chain s computer defect claim against national accounting firm Regional Transit District's manufacturer defect claim regarding a contract involving 50+ buses Franchisor-franchisee disputes Heirs' claim against trustee and counsel for commingling and misappropriation of trust funds Price disputes between California agricultural industry growers' associations and various canners/processors Employment dispute between electrical power intermediary and recruited, then-terminated vice president Catastrophic personal injury and wrongful death disputes including wrongful death allegations arising from airline crash which included pre-impact pain and suffering; parents action against electric garage door manufacturer and installer for crushing death of five-year-old; seaman disabled due to traumatic chest injuries resulting from alleged defective vessel equipment; fall from ski gondola with claim of negligence and products liability Municipality s False Claims Act claim against long term tow and storage contractor Honors, Memberships, and Professional Activities Recognized as a Top 40 California Neutral, Daily Journal, 2007 and 2008 Northern California Super Lawyer, San Francisco Magazine, 2005, 2006, 2007 Recognized as a Top 50 California Neutral, Daily Journal, 2004 Recognized as One of California's Most Effective Mediators, Daily Journal, 2002 Outstanding Achievement in the Field of Mediation Award, The Mediation Society, 2002 Distinguished Mediator of the Year Award, San Francisco Trial Lawyers' Association, 2000 "Mediator of the Year," American Arbitration Association, 1989 Bar Memberships and Affiliations: U.S. Supreme Court; Supreme Court of California; U.S. Court of Military Appeals; Panel of Neutrals, World Intellectual Property Organization (WIPO-Geneva); Maritime Law Association ( ), National Board of Trial Advocacy (NBTA) ( ); American Board of Trial Advocates (ABOTA) Background and Education Managing Partner, Spolter, McDonald & Mannion, San Francisco, California, Certified SCUBA Diver, National Association of Underwater Instructors, 1977 J.D., University of the Pacific, McGeorge School of Law, 1974 FAA Commercial Pilots License, 1972 Major, U.S.M.C., Plt. Cmdr., Co.Cmdr., Aerial Observer, Vietnam, Defense Language Institute (Vietnamese), 1968 Language: Spanish B.A., Political Science, San Jose State University, 1967 U.S.C.G. Merchant Mariner's Z-Card, 1964 Biography Press Publications 3

4 SUCCESSFUL MEDIATION THE PARADIGM SHIFT IN LEGAL ADVOCACY 1. STARTING LINEUPS---Who should attend the mediation...adjusters, insureds, key expert witnesses offers. 2. CEILINGS AND FLOORS--The reaction to perceived excessive initial demands and/or minimal 3. INFORMATION ASYMMETRY OR I KNOW SOMETHING YOU DON'T---What to do when only one side has critical information which if shared could dramatically impact settlement negotiations 4. IS A DOLLAR BILLED/PAID A DOLLAR COLLECTED?---Dealing with issues presented by Hanif/Nishihama/Greer/Olsen 5. POWER BROKERS---The influence/role of lienholders in achieving global settlements 6. NEGOTIATIONS Creative alternatives to traditional haggling 7. IT AINT OVER UNTIL IT S OVER---Enforceability of written settlement agreements executed at the mediation hearing...necessary content and signatures. Important Cases regarding mediation confidentiality/enforcement of settlement agreements reached at mediation hearing ) Simmons vs. Ghaderi (2008) 44 Cal.4th 570; 80 Cal. Rptr. 3d 83 2) Wimsatt vs. Superior Court (2007) 152 Cal. App. 4th 137; 61 Cal. Rptr. 3d 200 3) Stewart vs. Preston Pipeline Inc. (2005) 134 Cal. App. 4th 1565; 36 Cal. Rptr. 3d 901 4) Rael vs. Davis (2008) 166 Cal. App.4th 1608; 83 Cal. Rptr. 3d 745 5) Fiege vs. Cooke (2004) 125 Cal. App. 4th 1350; 23 Cal. Rptr. 3d 496 6) Fair vs. Bakhtiari (2006) 40 Cal.4th 189; 51 Cal. Rptr. 3d 871 4

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Beverley S. Braun, Esq.

Rochester Beverley S. Braun, Esq. HSBC Bank of USA Beverley S. Braun is Senior Legal Counsel at HSBC. She previously was a litigation partner at Jaeckle Fleischmann & Mugel, LLP, where she and concentrated