Mediation Services

Mediation is a form of alternative dispute resolution (ADR), a way of resolving disputes between two or more parties. A third party, the mediator, assists the parties in their efforts to negotiate a settlement of their dispute. The mediation process is private and confidential. The presence of a mediator is the key distinguishing feature of the process. Courts encourage parties to lawsuits to make a good faith effort to resolve cases at mediation as an alternative to going to trial. Mediators use various techniques to open, or improve, communication between litigants, in an effort to help the parties reach a settlement agreement. Much depends on the mediator’s skill, training, and ability to make an honest personal connection with the parties. It is crucial that the mediator be completely impartial.

Rob Epstein offers his mediation services to private litigants in all areas of civil litigation. Since 2006, Rob has been appointed to serve as mediator in numerous cases by the Northern District federal court in San Francisco. Rob participates in a monthly mediation practice group sponsored by the district court, and has served as an instructor at the court’s training for new mediators.

Rob also has regularly served as a court-appointed arbitrator in Marin County, and has served as a Marin County judge pro tem settlement panelist and small claims court judge.

The following are some examples of cases in which Rob Epstein has served as mediator:

  • In a medical malpractice action, plaintiff sued her physician due to complications following surgery. The case settled at mediation.
  • Another medical malpractice action was filed after a boy suffered severe brain damage following the delayed diagnosis of an abdominal condition that caused his heart stoppage and later revival. The case resolved after mediation.
  • Tiburon neighbors were involved in a dispute concerning views that settled at mediation.
  • Santa Clara residents were involved in a land use governmental permitting dispute with the County, which successfully resolved at mediation.
  • Personal injury plaintiffs filed two separate federal actions against the same department store. Both cases successfully resolved at mediation.
  • Several insurance companies were engaged in a complex coverage dispute with the defendants in an environmental remediation action arising from a contaminated dry cleaner site. The case resolved after mediation.
  • A complex coverage dispute involving payment for the defense of numerous construction defect actions was the subject of a lengthy mediation process. The case resolved after mediation.
  • A Silicon Valley electronics company was the subject of shareholder and employment litigation. The case resolved at mediation.
  • A federal employment action involving a claim of ethnic and disability discrimination resolved after mediation.
  • Mobile home residents filed an action against a Napa County vineyard owner concerning the closure of the mobile home park on the vineyard land. The case resolved after mediation.
  • The federal Equal Employment Opportunity Commission filed a discriminatory practices claim against a South Bay employer. The case resolved at mediation.
  • A medical negligence was filed against a hospital based on the alleged wrongful death of plaintiff’s decedent. The case resolved at mediation.
  • An insurance company filed a subrogation action against a manufacturer to recover the costs of a fire insurance payout. The theory was products liability. The case resolved at mediation.
  • Multiple actions were filed on behalf of various plaintiffs by one law firm against a medical products manufacturer. Rob mediated one case in San Francisco, and subsequently traveled to the East Coast to conduct an additional mediation of a dozen more of the cases.
  • A real estate partition action was filed by one sister against another. The case resolved at mediation.
  • A home mortgage lender filed an action against a title insurance company seeking recovery for alleged bad faith denial of insurance benefits. The case resolved at mediation.
  • The purchaser of a home loan filed an action against the lender. The case resolved at mediation.
  • An individual filed an action against a home improvement store for injuries suffered due to an alleged dangerous condition of property. The case resolved at mediation.
  • A casualty insurer filed a subrogation action against a manufacturer of water hose units to recover insurance proceeds paid to a commercial tenant due to flooding damage. The case resolved at mediation.
  • A tenant and its property insurer disputed whether coverage was available to pay for water damage to scientific instruments. The case resolved at mediation.
  • A group of plaintiffs filed an action against a property owner alleging federal Fair Housing Act and other claims.
  • A large Bay Area general contractor filed an action against its insurance carrier seeking recovery for damages that it was required to pay to a third party. The case resolved at mediation.
  • A federal government agency filed an action against an individual seeking recovery for fire response costs that it claimed was due to the individual’s negligence. The case resolved at mediation.
  • The former employee of a convalescent facility filed an action for wrongful termination.

For more information regarding mediation services offered by the Epstein Law Firm,
please contact aperine@epsteinlawyer.com.