Alternative Dispute Resolution Issue - Contra Costa County Bar ...

I once defended a case where theinjury was largely an affront tothe plaintiffs’ dignity. I usuallydo not like joint sessions in amediation, but in this one, it wasessential. We began by lookingthem in the eyes and apologizing. Aletter of apology signed by my clients waspart of the eventual settlement.Robert SeedsGreenan, Peffer, Sallander & Lally, LLPIn a child guardianship case, the partiesagreed on the following arrangement. Thefather had to visit his child in a public place.The guardian said, “Well, every Tuesday thechild and I go to the BN for reading time.”I inquired about what this was. The guardianexplained that every Tuesday evening,he and the child went to the Barnes andNoble bookstore, where the guardian couldread to the minor! It solved the issue of aplace to visit very nicely.Barbara ProctorConflict Resolution ProgramI had a very interesting experiencein a mediation involving a real estatedispute between two families froma culture other than American. Thematriarch of one family indicatedthat the matter would resolve byway of a meeting in their home, not in thecourthouse. I had to explain that inasmuchas this was the day of trial, the judge wasnot going to simply let them go home andmaybe resolve the dispute later. I askedboth families if the meeting could occurright then and there, in the jury room;they agreed. I asked the lawyers to allowtheir respective clients to speak directly,without the lawyers present, but with memoderating the discussion; they agreed.The families met, and discussed their differencesentirely in their native language.I sat in the room, unable to discern anythingexcept by evaluating their body language.During the discussion, both matriarchsshed tears as they spoke. Suffice it to say,the case settled.Dave MillerMiller|MediationRoger F. Allen510.832-7770Ericksen, Arbuthnot, Kilduff,Day & Lindstrom, Inc.155 Grand Avenue, Suite 1050Oakland, CA 94612rallen@eakdl.comStandards • Strategies • Strength • SolutionsWELL PREPAREDto handle your complex business transactionsDoug Maggi, SVP925.944.0180 ext. 209Bob Kouba, VP925.944.0180 ext. 212Northern CaliforniaMediator / ArbitratorColleen Benatar, VP925.944.0180 ext. 21514 years as Mediator23 years as Arbitrator31 years in Civil Practice• Training includes Mediation Course atPepperdine University 1995• Serving on Kaiser Medical MalpracticeNeutral Arbitrators Panel• Settlement Commissioner, Alameda andContra Costa Counties• Pro Tem Judge, Small Claims, Alameda County• Experienced in all areas of Tort Litigation,including injury, property damage, fire loss,malpractice, construction defectRick Wise, EVP925.944.0180 ext. 216California’s OldestIndependent Bankwww.scottvalleybank.comWALNUT CREEK 1500 N. California Blvd. • 925.944.0180Oakland , 1111 Broadway, 510.625.7850 • Santa Clara • 5201 Great America Pkwy., 408.653.1200Take advantage of one of the manyCCCBA membership benefits!To schedule an appointment witha CCCBA notary, please callBarbara Tillson, (925) 370-2544704 Main Street • MartinezFree Notary ServicesContra Costa Lawyer 17