Curriculum Vitae

DAVE FINCH MEDIATOR ARBITRATOR

Offering experienced Alternative Dispute Resolution services to the legal and business communities for the resolution of civil disputes.  After many years of litigation practice, I now limit my practice to ADR including mediation, ENE, arbitration, and special master assignments. (See Testimonials)

Primary Occupation:  ADR Provider

Education:

BA Economics: San Jose State University

JD: Hastings College of Law,

A-V rated by Martindale-Hubbell

ADR Training, MCLE and Presentations:

  • 40 hour training titled “Mastering Conflict Resolution”, taught by Steven Rosenberg (University of San Francisco School of Law) and Marcia Moulton (Pepperdine School of Law).
  • 8 hour advanced mediation skills seminar by James Melamed, The Mediation Center (Univ. of Oregon School of Law).
  • 20 hour advanced mediation techniques training sponsored by the Court of Appeal, First Appellate District conducted by Dana Curtis (Stanford University Law School) and Richard Birke (Willamette College of Law).
  • 25 hour course by Ms. Bea Herrick of the Santa Clara County Office of Human Relations Assisted in the training of mediators with the John Paul Jones Group (Nancy Yeend) and also with the Conflict Resolution Center of Nevada County
  • 40+ hours MCLE qualified seminars on ADR MCLE
  • Presentations Given: (Title: date, sponsor) How to Represent a Client in Mediation: May 21, 1999, SCCBA Expanding Your Practice (Collaborative Law):  Nov. 7, 2002, SCCBA What Mediators and Litigators Must Know About Mediation Confidentiality: Feb, 2004, Sacramento County Bar Association Mediation Confidentiality:  Apr. 28, 2004, Nevada County Bar Association Dialogues on Mediator Regulation:  Aug. 12, 2004, Nevada County Bar Association Mediation Standards Dialogues:  Sep. 8, 2004, Sacramento County Bar Representing Clients in ADR Settlement Conferences:  Oct. 19, 2004, SCCBA Effective Use of Mediation: January 24, 2007, Nevada County Bar Association: “No Nonsense” Mediation Plus Dealing With Insurance Companies, January 20, 2009, Yuba-Sutter Bar Associaiton; Understanding and Dealing with Human Nature and Psychology in Negotiation, February, 2009, Nevada County Bar Association; Mediation – A Career for Few, A Voluntary Service for Many, Lecture to ADR Course UC Davis Law School March 9, 2010; Mediation is Confidential – Except When It’s Not, January 27, 2011, Nevada County Bar Association.  See also Articles.

ADR Panels Served:

  • Department of Insurance Mediation Program (Residential Property, Earthquake and Auto Loss)
  • American Arbitration Association special AAA/Cybersettle mediation panel
  • National Association of Securities Dealers (NASD) Mediator Panel (Now FINRA)
  • National Association of Securities Dealers (NASD) Arbitrator Panel (Now FINRA)
  • Town of Los Gatos Rental Disputes program
  • SCCBA Court Related Mediation program
  • First District Court of Appeal Mediation Panel
  • Third District Court of Appeal Mediation Panel
  • Sacramento County Superior Court Mediation Panel
  • Santa Clara County Superior Court mediation, ENE, arbitration, and special master panels
  • Placer County Superior Court Settlement Conference Pro Tem
  • Placer Dispute Resolution Service
  • Nevada County Superior Court mediation panel
  • Nevada County Superior Court arbitration panel

Associations and Affiliations

  • Santa Clara County Bar ADR Section Executive Committee. past chair:
  • Nevada County Bar Association ADR Section Member and past chair. (PRESIDENT 2009)
  • Board Member: California Dispute Resolution Council (CDRC) and  past Med. Comm. Chair
  • Member: State Bar of California
  • Member:  Sacramento County, Placer County, Yuba/Sutter,  and Nevada County bar associations
  • Member:  ADR Section Ex. Comm.:  Sacramento County Bar Ass’n. (Past Education/Program Chair)
  • Member and Board Member: Conflict Resolution ‘Center of Nevada County (Pres. for 2003 and 2004)
  • Member: Superior Court Settlement and Arbitration panels, for Santa Clara and Placer Counties.
  • Member and Past President of the West Valley Bar Association in Santa Clara County.
  • Former Member and Chapter President: Consumer Attorneys of California, Santa Clara County
  • Former member and chair of Consumer Affairs Commission of Santa Clara County

ADR Experience:

I have mediated hundreds of disputes as private mediator and also as a Superior Court settlement conference judge pro tem. These disputes have included numerous cases in the areas of business/commercial; construction; real estate (sales, boundaries, HOAs, landlord/tenant); employment discrimination, hostile work environment, and wrongful termination; legal and medical malpractice; personal injury; and trusts and decedents estates. As arbitrator I have conducted well over 100 judicial and contractual arbitrations in most subject areas of civil law over a 30 year period.  As a voluntary community mediator I have served in a leadership capacity as an officer, outreach speaker,  and trainer of volunteer mediators as provided in the Dispute Resolution Program Act (DRPA) of California.

I have also served as Superior Court discovery special master (referee) and conducted discovery dispute hearings as an NASD arbitrator.  Under contract for 2008 to 2010: Contract hearing officer for Nevada County, California, in Land Use/Code Compliance matters.

Law Practice Experience:

  • Commercial, Corporate and Securities.   Experience in the litigation of commercial disputes, including a successful jury trial against a prominent bank.  Substantial exposure to issues of suretyship, banking practices, profit and nonprofit corporation law, partnership, agency, alter ego, bankruptcy reorganizations, partnership dissolution, business sale disputes, securities law, the economic and social issues involved in medical care, and other business related cases with both trial and appellate experience. I have also served as counsel for many small businesses, and for a number of corporate boards.  I have also conducted securities litigation involving claims against investment fiduciaries and brokers.  I serve on the NASD Mediation and Arbitration Panels, and have engaged in substantial self study in securities markets and regulation, principles of investing and modern portfolio theory, and comprehensive time value of money calculations.
  • Real Estate Law.  Litigation of cases including, easement disputes, title and title insurance issues, duties of agents and brokers, shopping center development and management, commercial leases, seller’s fraud, commercial landlord/tenant (both sides) and partition.   Most of these matters have involved bench trials, but two were successfully tried to jury verdict, and four were resolved successfully on appeal.  I have  also participated in the negotiation and documentation of substantial real estate transactions.
  • Construction.  Representation of both contractors and claimants in construction defect injury and complex property loss cases.
  • Professional Liability.  Representation of both plaintiffs and defendants in attorney malpractice and medical malpractice.
  • Insurance Law.  Prosecution of issues involving coverage, carrier bad faith, and interpretation of policy provisions.  Successful appeals in Farmer’s vs. Galvin, 170 C.A.3d 1018 and Tomassi vs Scarff,  85 Cal. App. 4th   1053 (2000).  (Tomassi was a case in which I represented the defendant, achieving a settlement involving a stipulated judgment with covenant not to execute, and then assisted the plaintiff in opposing defendant’s carrier’s bid to overturn that judgment.)
  • Employment.  Litigation of wrongful termination and harassment cases.  I have also provided counsel to employers in connection with employment law issues.
  • Personal Injury/Property Loss.  Prosecuted to settlement or verdict many personal injury and wrongful death cases arising from auto accidents, construction site accidents, product defect, slip, trip and falls, and medical malpractice. Successful appeal in Peterson vs. City of Long Beach, 24 Cal.3d 238.  Incidental to these were the negotiation and/or litigation of numerous property loss claims.
  • Probate.  Experience in probate court litigation matters including breach of fiduciary duty of estate representative, fee disputes, will contests and disputed conservatorships, with several bench trials in these categories.  I have a general knowledge of probate procedures and principles

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