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Senior Mediator

Senior MediatorThis mediator has at least 100 hours of mediation training, 500 hours of mediation experience, agrees to take part in at least 12 hours per year of continuing mediation education, and subscribes to Mediate.com's required standards of mediation practice.Premium Member

Malcolm Sher, Esq

Mediation of real estate, landlord/tenant, business, contract/commercial, will/trust, professional liability, construction, employment disputes. Approximately 70% of mediations involve disputants with diverse cultural, ethnic and other diversity issues.


Admitted to California and Federal Bar in 1976;
Admitted as Solicitor of the Supreme Courts of England and Wales in 1972;
Full-time mediator, arbitrator and neutral evaluator following 40 years litigating on behalf of both plaintiffs and defendants in the U.K. and California.

ADR Experience

Mediated hundreds of disputes as private mediator and through San Francisco, Contra Costa, Alameda, San Mateo and Solano County court-sponsored ADR programs. Most are litigated cases although many real estate and commercial disputes contractually require a pre-litigation mediative process. Because of my background, (born and grew up in Zimbabwe, legal training and years of practice in the U.K.) approximately 70% of my mediations include disputants from diverse cultural and ethnic backgrounds and involve significant emotional overlay.

Approach

I believe in an improvisational approach which allows me to be flexible to the needs of the parties and their counsel. Since both risk and reward are at the heart of the mediative process, I ask open-ended, “what if” questions and whilst willing to be “evaluative”, I am never “directive” because I believe that the parties “own” the problem and will resolve it only if they want to.

Education

LL.B. (Hons) London University, 1969

Areas Of Practice

  • Boundary Disputes
  • Business
  • Civil (general)
  • Commercial
  • Construction
  • Contracts
  • Cross Cultural
  • Elder
  • Employment
  • Family
  • Foreclosure
  • Insurance
  • Landlord - Tenant
  • Legal Malpractice
  • LGBTQ
  • Partnership
  • Personal Injury
  • Probate
  • Professional Fees
  • Real Estate
  • Sexual Harrassment

Additional Services

  • Arbitrator
  • Facilitator
  • Fact-Finder
  • Mediating Lawyer
  • Mediation Consultant
  • Mediation Trainer
  • Mediator-Arbitrator
  • Online Arbitrator

Fees and Provisos

$450 per hour. Fees split equally. Charge for review and pre-meeting telephone calls with parties/counsel. Four hour minimum for mediation session. Require deposit for four hours. 72 hour cancellation policy. Alternative arrangements for $5,000 per day and $2,500 flat daily and half-day rates available. I do not charge administrative fees believing that parties’ funds should be used for the mediative process.

Liability Insurance

  • Yes

Professional Associations

  • ADRNC - Assoc. for DR of N. California
  • ADRC - ADR Center
  • California Academy of Distinguished Neutrals (CA)
  • NADN - Nat. Acad. of Distinguished Neutrals
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