Services

As a trained professional mediator over a span of 15 years with extensive settlement conference judge pro tem experience preceding that, Dave Finch, a former litigation lawyer with the coveted A-V rating, is skilled across a wide spectrum of legal subject matters and dispute types. (For more experience detail see curriculum vitae.) Various dispute types in which Dave Finch has experience are described below. (See also mediation experience categories for more detail.)

Mediation services include assistance of the parties in case development, i.e., working with the parties, including a recalcitrant party, to define the issues and gain agreement to meet in mediation; conducting the mediation process in a timely manner and convenient and comfortable location, and assistance to the mediation parties in the formulation of a workable settlement agreement on which all can rely.

CATEGORIES

BIOMEDICAL ETHICS MEDIATION: Conflicts arising in connection with medical treatment between patient and physician, between patient and family members concerning medical issues and treatment, and between disputing family members of a patient who relies upon them to decide among treatment options or withdrawal of life support measures.

COMMERCIAL: Disputes involving various commercial transactions, including licensing and franchising agreements, commercial leases, sales and leasing of goods, shipping, bills of lading, insurance and coverage issues, bank facilities and surety ship.

COLLECTION: Debtor/Creditor issues involved in attempts to collect debt, restructuring of debt, interpretation of various types of facilities and contractual obligations.

CONSTRUCTION: Disputes involving claims of performance failure, delay or defect resulting in breach of contract or warranty, or resulting in injury by property owners or occupiers or persons injured while upon the property, against contractors and subcontractors, including suppliers of materials and equipment.

ELDER ABUSE. Includes the financial as well as physical abuse of persons over age 65, and persons suffering from disability, and includes both intentional and negligent infliction.

EMPLOYMENT: Disputes between employees or between employee and employer involving such claims as discrimination in hiring, firing or refusal of reasonable accommodation, harassment, violations of due cause contracts, unpaid compensation, employee disloyalty, and breach of confidentiality and non-competition clauses.

PERSONAL INJURY: Bodily injury and wrongful death arising out of tortuous conduct in the context of professional negligence, negligence in the operation of automobiles, management of property, in construction activities, and product design or manufacture. Also includes personal torts such as defamation of character, elder abuse, and intentional infliction of emotional distress.

PROBATE AND ESTATE: Issues arising out of probate court proceedings, disputes among family members such as Probate Code Sec. 850 matters, family disputes in estate distribution, will interpretation, and biomedical decisions.

REAL ESTATE: Disputes arising out of real estate transaction contracts including such claims as failure to perform, failure to disclose material matters affecting value or desirability, contract interpretation and enforcement, and also such disputes as boundary issues, easements, nuisances and uses endangering others.