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Max Factor III
Factor Mediation

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CA
USA
310 749 2766

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Description of Practice

Since the year 2000, I have built a thriving mediation practice as a very active and persistent catalyst in resolving nearly 2,500 litigated matters. Success has been built upon a foundation of thirty years as a highly regarded “deal maker” in complex business and real estate matters, a litigator in numerous employment and real estate matters and a recognized leader among colleagues.

My colleagues have selected me as:
One of the Daily Journal's Top 50 Neutrals in Southern California (2012)
Distinguished Fellow, International Academy of Mediators (2004-present)
Member, LASC ADR Committee & Sub-Committee on Operations, 2008 - present
Member, Executive Committee, Litigation Section, L.A. County Bar Association, 2009 - present
President, Downtown L.A. Litigation Inn of Court, 2008 (member pre and post)
Chair, Annual Robert I. Weil Lecture, 2009 - 2014
Member, Chair's Council for the Division of Humanities & Social Sciences, CalTech 2011-12
President, So. Cal. Assn Mediators (2005-06)
Chair, State Bar Committee on the Administration of Justice (2006-07)
President of the LACBA Trial Practice Inn of Court (2008-09)
Super Lawyers (ADR) 2006 onwards Adjunct Professor at Pepperdine Law School, teaching the Mediation Clinic to graduate students & Master's candidates at the Straus Institute's Dispute Resolution School 2006-16

Professional Background

  • 1972-74: Managing Attorney, California Law Center.
  • 1974-77: Deputy, then Assistant City Attorney, managing Consumer Protection, L.A.
  • 1978-99: Private practice, emphasizing Business Negotiations, Employment Litigation (representing both employees and corporate employers), Real Estate Transactions. Clients include: Coldwell Banker, Hughes Aircraft, Credit Lyonnais, Gucci America, Tiffany & Co.
Areas of Expertise
  • Commercial and Residential Real Estate Sales
  • Construction, Development and Investment
  • Employment and Labor Practices
  • Business Contracts and Breakups
  • Unfair Business Practices
  • Insurance Coverage
  • Intellectual Property
  • Partnership Dissolutions in Real Estate and Professional

Experience

Since 1999, besides holding private mediations and arbitrations, and acting as discovery referee and expert witness, I have conducted regular mediations through the LASC ADR & Neutral Evaluation programs, through the Federal Court Pilot ADR program, and through the Appellate Court Dispute Resolution. I have also conducted arbitrations and mediations through the American Arbitration Association and PROFESSIONAL Mediation & Arbitration.

Degrees

Yale Law School, J.D. (1969) Member of Board of Editors of Yale Law Review
Harvard College, B.A. (1966) Magna Cum Laude in Economics

Training

Dates    Trainer(s)    Title   
2000-2005    LASC ADR & LACBA    Certification; over 200 hrs
2003-2008    Straus Institute, Pepperdine    Advanced Interactive Certificate; over 100 hrs
2003-2004    American Arbitration Association    Arbitrator I & II, + other courses; over 200 hrs.
2000-2010    Various Med & Arb organizations    Over 300 hours in on-going classes + reading.
2002-2006    USC Law School, CLE, LACBA    Construction-related ADR; over 40 hrs
2013    LACBA    Difficult Issues for Arbitrators & Lawyers - Day conference
2012    American Arbitration Association    Managing the Arbitration Process

Approach

In every mediation, my goal is to assist the parties to a principled and reasonable resolution. We discuss the real long-term interests, the management of risk, and the potential rewards which each of the parties can achieve. I have been fortunate to have a remarkably high success rate by working diligently and collaboratively to foster “win-win” solutions.

My negotiating expertise and settlement abilities are widely respected and sought after by both defense and plaintiff counsel. Attorneys applaud my unique combination of a strong practical understanding of complex legal matters, an insightful ability to assist counsel with high maintenance clients, a flexible approach to bringing both sides together and by working productively with counsel, whenever appropriate, to be “an agent of reality.”

Fees

Hourly Rate: $650.00

Half-day rate of $3,750.00 (4 hrs + 2 preparatory hours)
Full-day rate of $6,250.00 (8 hrs + 2 preparatory hours)

Special lower rate for cases with lower monetary claims.

For further details, please contact Nicole or Steve at ARC, Alternative Resolution Centers: www.arc4adr.com, or the American Arbitration Association: www.adr.org

Other Information

  • Adjunct Professor, Pepperdine University, Straus Institute for Dispute Resolution 2006-16;
  • President, Downtown Los Angeles Litigation Inn of Court (2008)
  • Chair, 4th-9th Annual Robert I. Weil Lecture, 2009-14, and 2017;
  • Member, LASC ADR Committee and Sub-Committee on Operations, 2008-10;
  • Member, Caltech: Chair's Council for the Division of Humanities & Social Sciences (2011-16), Chair's Council for Biology (2008-10);
  • Case Western Reserve University School of Law, Distinguished Visitor Lecturer, September 2007: "On Understanding the Effects of Anger and Fear in Negotiating Outcomes";
  • Distinguished Fellow of the International Academy of Mediators since 2004;
  • Past Chair, California State Bar Committee on the Administration of Justice, 2007;
  • President, Southern California Mediation Association, 2005 - 06.

Areas of Practice

  • ADA (15 mediated)
  • Business (200 mediated)
  • Civil (general) (120 mediated)
  • Commercial (200 mediated)
  • Community (50 mediated)
  • Construction (150 mediated)
  • Contracts (50 mediated)
  • Cross Cultural (18 mediated)
  • Education (10 mediated)
  • EEOC (15 mediated)
  • Employment (425 mediated)
  • Entertainment (45 mediated)
  • Environmental (60 mediated)
  • Estate Planning (15 mediated)
  • Foreclosure (30 mediated)
  • Franchise (30 mediated)
  • General (40 mediated)
  • Health Care (30 mediated)
  • Insurance (110 mediated)
  • Intellectual Property (10 mediated)
  • Labor - Management (130 mediated)
  • Land Use (30 mediated)
  • Landlord - Tenant (200 mediated)
  • Legal Malpractice (10 mediated)
  • Medical Malpractice (50 mediated)
  • Nursing Home (3 mediated)
  • Online Mediation (10 mediated)
  • Organizational (25 mediated)
  • Partnership (110 mediated)
  • Personal Injury (160 mediated)
  • Probate (20 mediated)
  • Professional Fees (80 mediated)
  • Real Estate (300 mediated)
  • Securities (15 mediated)
  • Sexual Harrassment (25 mediated)
  • Technology (5 mediated)
  • Workplace (130 mediated)

Professional Services

  • Mediator
  • Mediation Consultant
  • Mediation Trainer
  • Online Mediator

References

Peter Robinson Pepperdine University David Geffen, Esq. Law Firm of David G. Geffen Howard N. Gould, Esq. Finestone & Richter Thomas Lemberg, Esq. Former General Counsel, Lotus Judge David Minning Los Angeles Superior Court Rufus v. Rhoades, Esq. Law Office of Rufus V. Rhoades W. June Simmons President/CEO, Partners in Care Foundation Geoffrey L. Thomas, Esq. Paul, Hastings, Janofsky & Walker LLP John A. Lawrence, Esq. Dongell Lawrence Finney LLP Diane Wittenberg President, California Climate Registry

This dispute resolution professional keeps professional liability insurance.