Mediation is a facilitated negotiation. In my role as mediator, I am engaged to help parties convene and plan for a mediation. Once the mediation starts, I am at the table to help the parties engaged in constructive dialogue aimed at opening a negotiation that will end with a negotiated resolution of all or some part of a pending dispute. While most of my engagements involve pending court or arbitration cases, there have been several occasions where I have been engaged to conduct a mediation before a lawsuit or arbitration has been commenced. My engagement to act as mediator is arranged directly with my office.

Click on the Case Summaries Download icon below for summary descriptions of some of Rebecca’s mediation case work.

Arbitration is a private, adjudicatory proceeding that is similar, but not identical, to civil litigation in the courts. In my role as arbitrator, I am responsible for hearing the parties’ evidence and argument and then making a binding decision with regard to the merits of the parties’ dispute. An arbitration proceeding occurs only where the parties have agreed – pre- or post-dispute – to submit their disputes to binding arbitration. My appointment to act as an arbitrator is typically arranged through the American Arbitration Association.

Click on the Case Summaries Download icon below for summary descriptions of some of Rebecca’s arbitration case work.

Under Section 638 of the California Code of Civil Procedure, a referee may be appointed by the court, by agreement of the parties, to hear and determine some or all of the issues in dispute. Under 639 of the California Code of Civil Procedure, a referee may be appointed by the court without the consent of the parties to hear and determine select issues in a dispute when the court deems such an appointment to be necessary or appropriate based on the circumstances of the case. In my role as referee, I am responsible for hearing and determining that which the court’s order has delegated to me for determination. Unlike arbitration, my decision is not automatically binding. Rather, my decision takes the form of a report and recommendation back to the court, subject to the right of the parties to comment and object to the court. Before being appointed to act as a referee, I am typically contacted by one or both parties regarding my availability and to check conflicts. My name and CV are then provided to the court for consideration.