DANA L. CURTIS
3001 Bridgeway, Suite. K-130 • Sausalito • CA 94965
415-331-5158 • 415-663-0423 (fax)
dlc@eldermediationgroup.com • eldermediationgroup.com
EMPLOYMENT
Elder Mediation Group, Sausalito (2008-present)
Provide dispute resolution services as mediator, facilitator and conflict consultant and mediation training in matters related to elders for professionals
Dana Curtis Mediation, Sausalito (1997-present)
Provide dispute resolution services, as mediator, facilitator, arbitrator, neutral investigator and conflict consultant, and educational programs in communication, conflict management, mediation and negotiation
Stanford Law School, Lecturer in Law, Gould Negotiation & Mediation Program (1997-2007 and 2010)
Taught mediation, negotiation and interviewing and counseling courses; as lecturer and expert consultant with the Bhutan Law and Policy Project, presented workshops in mediation and court-connected mediation programs to Bhutanese judges
U.S. Court of Appeals for the Ninth Circuit, Circuit Court Mediator (1993-1997)
Mediated civil appeals; trained Circuit Mediators; provided mediation training for other appellate courts
Santa Clara University School of Law, Adjunct Professor (1988-1997)
Taught mediation, negotiation and interviewing and counseling
Mediation Law Offices, Mill Valley (1991-1993)
Provided mediation services in a broad range of disputes; educational programs for mediators and other professionals
LEGAL EXPERIENCE
Mediation Law Offices, Mill Valley (1991-1993)
Represented indigent parents in juvenile court dependency appeals by appointment of the California Court of Appeal, First District Appellate Project and plaintiffs in employment matters
McCutchen, Doyle, Brown and Enersen, Associate, San Francisco and San Jose (1988-1991)
Represented clients in general commercial, tort, employment and labor disputes in court and arbitration
California Supreme Court, Law Clerk to Associate Justice Edward A. Panelli, San Francisco (1987-1988)
U.S. District Court for the Northern District of California, Judicial Extern to Senior Judge Spencer Williams, San Jose (1986)
DISPUTE RESOLUTION EXPERIENCE
Mediation
Over twenty years in private practice and court programs as a full-time mediator in a wide range of subjects, with selected case examples:
Appeals
• Appeal from a seven figure verdict for breach of a shareholder agreement and unfair business practices
• Appeal from order granting a preliminary injunction in favor of plaintiff students and parents in a school civil rights case
• Appeal from ruling on an anti-SLAPP motion in sexual harassment case
Business and commercial
• Dispute among founding shareholders in a technology business involving claims of California Corporations Code violations, breach of contract and breach of fiduciary duty
• Breach of contract and loan fraud case involving investors, financial institution and developer concerning $50m project
• Litigation brought by a commercial real estate developer against a bank for breach of contract, breach of fiduciary duty, conversion and violations of the Business and Professions Code for the bank’s refusal to release security deposit upon termination of tenant’s lease
Civil rights
• Wrongful death/civil rights case brought by family of man who was shot during the course of a police investigation
• Action brought by a parent against a city and county alleging six federal and state claims for the removal and detention of his child without a warrant and misrepresentations made to the juvenile dependency court
• Title IX and Section 1983 actions against a school district for sexual harassment/abuse of a student by a teacher
Elder and adult family
• Trust dispute among siblings and step-siblings involving allegations of undue influence and lack of capacity, as well as civil claims of elder financial abuse, related to changes to their mother’s estate plan shortly before her death
• Elder abuse litigation against an assisted living facility (and product liability litigation against the manufacturer of a water heater) brought by the family of a disabled adult who was severely injured, allegedly as a result of being left unattended in a shower. Consulting medical malpractice lawyers can offer guidance and representation in such complex legal cases.
• Dispute between a grandparent and grandchild in the context of an action by the grandparent to remove the granddaughter as trustee of the grandparent’s estate alleging breach of fiduciary duty and conversion, as well as elder financial abuse
Employment
• Employment discrimination claims by fifteen plaintiffs against employer and eleven individual defendants alleging race discrimination and other civil rights violations
• Race and gender discrimination, breach of contract and wage and hour claims by a female physician against a hospital
• Wrongful termination litigation based on claims by male executive that his employer failed properly to investigate sexual harassment allegations on which his termination was based
Environmental
• Environmental Impact Statement litigation between state and federal agencies and non-profit environmental organization over use of state and national parks
• Toxic tort litigation initiated by members of an extended family claiming personal injury and pollution of the family farm by coal mining operation
• Regulatory action brought by governmental agency against operator of a water company for violation of water quality standards
Insurance
• Insurance declaratory relief action to determine responsibility of multiple insurers, developers and land owners for underlying environmental claims
• Insurance coverage and bad faith litigation involving property insurance on dwelling damaged in landslide
• Dispute among insurers re allocation of settlement with plaintiffs in a wrongful death/personal injury case
Intellectual property
• Copyright infringement and defamation claims by author of doctoral dissertation against seven individuals and two publishing companies
• Trademark, counterfeiting and dilution and unfair competition (and declaratory relief) litigation involving twenty plaintiffs, defendants and insurers (on appeal)
• Copyright infringement claim by individual with copyright on a game against the developer of an app of a similar game
Non-profit and religious organizations
• Non-profit board of twelve directors with history of difficult working and personal relationships, who wanted to become more collaborative
• Claims of discrimination and wrongful termination brought by former founder of non-profit against the board of directors and one individual board member
• Minister and church leaders meeting to negotiate disciplinary action in lieu of adversarial process for imposing discipline for harassment
Partnership disputes and dissolutions
• Law firm partnership dispute involving issues of compensation, contribution and future structure of the firm
• Small business dispute between two friends and business partners in a closely held publishing corporation
• Business dispute among three brothers concerning winding up of family business upon retirement of oldest brother
Personal injury
• Personal injury suit by a pedestrian against a rental car agency on theory of negligent entrustment and negligence per se
• Product liability, negligence and legal malpractice claims litigation by paraplegic plaintiff, and loss of consortium claims by spouse, in sports utility vehicle rollover case
• Product liability, road design and pole placement litigation against auto and utility companies and county brought by multiple plaintiffs in catastrophic injury auto accident. Car crash in New Jersey? Call a car accident lawyer from Judd Shaw Injury Law. People who got injured in vehicular accidents in Mesquite, TX may call a personal injury attorney from Fielding Law.
A personal injury lawyer can help prove liability and fault. This is especially important in cases where multiple parties are involved or where there is a dilemma over who was at fault.
Professional malpractice
• Legal malpractice dispute concerning the handling of a personal injury case (Injured in New York? Call a New York personal injury lawyer from Cellino Law.)
• Medical malpractice for negligence in caring for elderly patient who died of complications from dehydration while living in a skilled nursing facility
• Legal malpractice claim for failure to file a bad faith insurance claim within the statute of limitations
Real property and land use
• Tree/view dispute between neighbors
• Landlord-tenant dispute involving gay couple and their 90-year-old landlord who imposed additional conditions after they moved in, including that they place clean cardboard on the garage floor each week and keep their curtains closed during the day to protect the wood floors
Internal workplace
• Harassment and retaliation claims by Caucasian sales executive against his African American manager
• Group of physicians in a medical center working out relationships following an employment discrimination lawsuit brought by one of the teaching physicians
• Between a supervisor and employee, following the employee’s request for workers compensation stress leave and assertions the supervisor was racist
Systems Design
Employ systems design at outset of all mediations. Consult about dispute resolution systems with courts, including with California Courts of Appeal, First, Second and Third Appellate Districts and Marin and San Francisco Superior Courts and the Judiciary of Bhutan
Representative projects:
• Process for the State of California to assist over forty providers of services to indigent Californians in determining the allocation of lump-sum federal grant funds
• In a land-use dispute involving the operation of a stone quarry, to enable residents with competing interests in the environment and employment, local, county and state agencies and the quarry operators to negotiate the parameters of the quarry’s operation
• In a conflict over two HUD housing projects, to enable two Native American tribes, twenty individual tribal members and three federal agencies to negotiate project design
• In class action employment litigation, to create a system to administer settlement proceeds and resolve disputes regarding their distribution and for ongoing monitoring of workplace compliance
• In religious organization, assisting leaders to develop a comprehensive dispute resolution system that included training members in communicating while in conflict, training volunteer mediators, structuring a system to administer mediation cases, and drafting a complaint procedure and guidelines for working out complaints.
Neutral Investigation
Conducted neutral investigations on behalf of governmental, non-profit and for-profit organizations, interviewing individuals and communicating findings and recommendations through written reports or presentations
Representative projects:
• Interviewed over fifty individuals, prepared a 50-page report with findings and recommendations and met with the board of directors of a religious group concerning allegations of physical and spiritual abuse on the part of a religious leader and teacher;
• Interviewed over 20 employees and managers, prepared a written report and met with managers and human resource professionals regarding allegations of quid pro quo and hostile environment sexual harassment against the executive director of a non-profit; and
• Interviewed over 30 teachers, students and staff members of a graduate school, met with the school’s polarized 20-member board of directors to present findings concerning the conduct of the dean and founding teacher – and conducted a consensus process to determine the course of action regarding both individuals
TEACHING EXPERIENCE
Law School
Bhutan Law and Policy Project, Stanford Law School, Lecturer in Law and Expert Consultant (2010)
Under Stanford Law School Bhutan Law and Policy Project, in collaboration with the Kingdom of Bhutan, accompanied Gould Negotiation and Mediation Program Director Janet Martinez, Rule of Law Program Faculty Advisor Erik Jensen and four students to Bhutan to provide dispute resolution workshops for the Bhutanese judges. Responsibilities included:
• Researching Bhutanese culture, history, constitutional and statutory laws and traditional dispute resolution systems, as well documents and reports of the Bhutan Law and Policy Project;
• Interviewing many individuals who have lived in Bhutan and Stanford faculty who have worked there;
• Collaborating with Ms. Martinez and Mr. Jensen to design and plan the programs;
• Primary responsibility for designing a two-day mediation program, including curriculum, materials, role plays and exercises;
• Sole responsibility for presenting mediation workshop;
• Collaborating with Ms. Martinez to design and teach workshops for the Bhutanese judiciary on mediation;
• Collaborating with Ms. Martinez to design a one-day mediation program on court-connected mediation program systems design, including curriculum, materials, role plays and exercises and to present the one-day workshop to judges; and
• Throughout the program, working with other faculty to supervise law students in planning, research, preparation and presentation of programs.
Stanford Law School, Lecturer in Law, Gould Negotiation & Mediation Program (1997-2007)
As lecturer, taught up to four courses per year in mediation, negotiation or interviewing and counseling. Responsibilities associated with academic classes included:
• Designing curriculum and materials and teaching three-credit courses in mediation;
• Coordinating with other teachers on curriculum issues;
• Recruiting, training and supervising coaches for experiential classes;
• Supervising student writing projects;
• Providing opportunities for mediation students to observe mediations, including them in preparation, interacting with them throughout the process, debriefing afterward and designing writing assignments that prompted them to think more deeply about the process;
• Advising students on dispute resolution careers and opportunities;
• Coordinating negotiation and mediation exercises with other teachers and programs within and beyond Gould Center and Stanford University; and
• Hosting visiting teachers who observed my January-term courses, including arranging logistics, preparing them prior to their visit, including them in class preparation and debriefs, introducing them to other dispute resolution professionals and the larger community and interacting with them socially.
Responsibilities as a member of the teaching team included:
• Attending and contributing in monthly team meetings and the annual retreats;
• Designing and presenting programs to the team on teaching and learning;
• Designing and presenting programs for fellow team members in mediation and mediation advocacy; and
• Designing and presenting programs on teaching and learning for visiting dispute resolution teachers, including from the international community.
Additional activities a member of the Stanford University community:
• Served as a guest teacher on mediation and communication in other law school courses and in the Schools of Education and Business; and
• Provided training to volunteer mediators and mediated disputes in Stanford’s Office of the Ombuds.
University of Rome La Sapienza and Hamline University School of Law, Rome, Italy (Summer 2003)
Collaborated with co-teachers in planning, preparation, development of materials and presentation of two-week course, Mediating International Business Disputes, for Italian and American law students as part of a summer school program.
University of Santa Clara School of Law, Adjunct Professor (1988-1997)
Recruited by my Interviewing, Counseling and Mediation professor during my first year out of law school to teach this course and continued to do so each semester for five years.
As lead teacher, collaborated with full-time and visiting faculty to create Mediation Theory and Practice, a three-credit, academic course for law students and lawyers (for MCLE credit), which we taught twice a year for three years.
TRAININGS
APPELLATE MEDIATION TRAINING
Designed and presented comprehensive and advanced appellate mediation training programs for approximately 500 judges and lawyers who serve as mediators in court-connected mediation programs. Responsibilities include the following:
• Writing grant or contract proposals for training;
• Consulting with mediation program advisory committees, administrators and judges regarding training program design;
• Assisting or taking the lead on recruitment and selection of panelists;
• Preparing and administering budgets;
• Coordinating with court personnel in designing training and developing materials and role plays;
• Recruiting, training, supervising and providing feedback to assistant faculty and coaches;
• Interfacing with court administrators regarding program logistics;
• Serving as lead trainer;
• Evaluating programs and program participants and providing written evaluations; and
• Collaborating with mediation program staff to create Mediator Handbooks.
Court of Appeal, Third Appellate District, May 17-19 and June 1-2, 2012, Sacramento
Court of Appeal, Third Appellate District, April 29-30 and May 1 and 14-15, 2010, Sacramento
Appellate Mediation Training, Minnesota Court of Appeals, Family Appellate Mediation Pilot Program, August 27, 2008, Minneapolis, MN
Court of Appeal, Third Appellate District, May 1-3 and May 16-17, 2008, Sacramento
Court of Appeal, Second Appellate District, November 1-3 and 16-17, 2007, Burbank
Court of Appeal, Second Appellate District, May 3-5 and 18-19, 2007, Los Angeles
Court of Appeal, Third Appellate District, March 8-10 and March 23-24, 2007, Sacramento
Court of Appeal, Third Appellate District, July 13-15 and 28-29, 2006, Sacramento
Settlement Judge Training: Advanced Appellate Mediation, Nevada Supreme Court, State Bar of Nevada, September 15-16, 2005, Las Vegas, NV
Court of Appeal, Second Appellate District, May 5-9, 25-26, and June 10-11, 2005, Los Angeles
Court of Appeal, First Appellate District, April 22-24, 2004, San Francisco
Court of Appeal, Second Appellate District, October 7-9, 16-17 and 22-23, 2004, Los Angeles
Court of Appeal, Second Appellate District, June 2-6, 2004, Los Angeles
Court of Appeal, Second Appellate District, November 13-17, 2002, Los Angeles
Court of Appeal, Second Appellate District, October 3-5 and 16-17, 2002, Los Angeles
Court of Appeal, Second Appellate District, May 1-5, 2002, Los Angeles
Court of Appeal, Second Appellate District, February 14-18, 2002, Los Angeles
Court of Appeal, First Appellate District, October 24-28 and November 3-5, 2001, San Francisco and Stanford
Arizona Supreme Court, 2 days, January 2001, Phoenix, AZ
Court of Appeal, First Appellate District, September 20-23 and October 14-16, 2000, San Francisco and Stanford
Court of Appeal, First Appellate District, March 1-3, 18-20, 2000, San Francisco and Stanford
Court of Appeal, First Appellate District, January 14-16, 29-30 and February 5-6, 2000, San Francisco and Stanford
Center for Alternative Dispute Resolution, 4 days, The Judiciary – State of Hawaii, March 1995 and March 1996
Advanced Appellate Mediation Programs
Getting Unstuck: Understanding and Addressing the Internal and External Barriers to Settlement, with co-teachers, 1-day workshops (Overview, Our Own Barriers, Emotional Barriers and Psychological Barriers), March 11-12, April 29-30 and May 21-22, 2011, Sacramento
Working with Lawyers, Insurers and Public Entities, Advanced Appellate Mediation Seminar, California Court of Appeal, Third Appellate District, May 15, 2009, Sacramento
Appellate Mediation Roundtable, California Court of Appeal, Third Appellate District, April 24, 2008, Sacramento
Dealing with Difficult Personalities, Advanced Appellate Mediation Seminar, with Tony Roffers, PhD, California Court of Appeal, Third Appellate District, April 24, 2009, Sacramento
Appellate Mediation Roundtable, California Court of Appeal, Third Appellate District, April 23, 2008, Sacramento
The End Game, Advanced Appellate Mediation Seminar, California Court of Appeal, Third Appellate District, March 27, 2009, Sacramento
Appellate Mediation Roundtable, California Court of Appeal, Third Appellate District, March 26, 2008, Sacramento
Appellate Mediation Practice Groups, California Court of Appeal, Third Appellate District, March 26, 2008, Sacramento
Designed and facilitated monthly meetings of four groups of up to 10 Mediation Program panelists to encourage collegiality and to support their professional development, including their understanding of appellate law and practice, mediation theory and skills and the personal qualities required of mediators.
Advanced Appellate Mediation Refresher: Pre-conference Issues: Setting Up Mediation for Success, June 22, 2006, Los Angeles
Advanced Appellate Mediation Training, June 1-3, 2006, Los Angeles
Advanced Appellate Mediation, California Court of Appeal, Second Appellate District, October 22-23, 2004, Los Angeles
Mediator Update: Reflective Practice, Making the Most of Mistakes, California Court of Appeal, Second Appellate District, September 21, 2004, Los Angeles
Advanced Appellate Mediation Mediator Update: Reflective Practice, Making the Most of Mistakes, California Court of Appeal, Second Appellate District, September 21, 2004, Los Angeles
Advanced Appellate Mediation Workshop: When It All Comes Down to Money, California Court of Appeal, Second Appellate District, September 20, 2004, Los Angeles
Appellate Mediation Roundtable, California Court of Appeal, Second Appellate District, March 22, 2004, Sacramento
Appellate Mediation Roundtable, California Court of Appeal, Second Appellate District, February 9, 2004, Sacramento
OTHER TRAININGS AND WORKSHOPS
Probate Mediation: Psychology, Law and Practice, co-trainer, Alameda County Bar Association ADR Section, February 7, 2013, Oakland
Facilitating Meeting Groups, half-day workshop, Spirit Rock, November 17, 2012, Woodacre
The Power of Power, day-long retreat for Collaborative Practice San Francisco, September 21, 2012, San Francisco
Fundamentals of Elder Mediation: A Workshop for Experienced Mediators, Elder Mediation Group, September 15-18, 2011, Sausalito
Elder Law Mediation Training, Hamline University Mediation Center for Dispute Resolution, October 27, 28 and 30, 2010, Minneapolis, MN
Fundamentals of Elder Mediation: A Workshop for Experienced Mediators, Ventura Superior Court Elder Court, Ventura Center for Dispute Settlement and Creative Mediation, October 20-23 2010, San Luis Obispo and Ventura
Fundamentals of Elder Mediation: A Workshop for Experienced Mediators, Elder Mediation Group, March 11-13, 2010, Sausalito
Fundamentals of Elder Mediation: A Workshop for Experienced Mediators, Elder Mediation Group, December 3-9, 2009, Sausalito
Fundamentals of Elder Mediation: A Workshop for Experienced Mediators, Elder Mediation Group, March 4-6, 2009, The Presidio
When Things Fall Apart, East Bay Collaborative Practice Group, November 14, 2008, Lafayette
Mindfulness in Dispute Resolution: Enhancing Performance, Reducing Stress, and Increasing Satisfaction, co-presenter, November 30, 2007, Oakland
Communicating in Conflict: A Difficult Conversations Workshop, FrogSong Cooperative Housing Community, November 10, 2007, Cotati
Empathic Listening, Apology & Forgiveness: Advanced Mediation Communication Skills, with Daniel Bowling, Arbitrators and Mediators Institute of New Zealand and LEADR Association of Dispute Resolvers, October 17, 2007, Wellington, New Zealand
Mediation Skills Training for Mediation Advocates, State Bar of Nevada, September 16, 2005, Las Vegas, NV
Sitting in the Middle: A Mediation Workshop, ABM Corporation Annual HR Conference, April 28, 2005, San Francisco
When Good People Make Bad Decisions, UCSF Problem Solving Center, June 20, 2005, San Francisco
Mediation and Mediation Advocacy Training, Stanford Law School Executive Education, 5 days, Spring 2003, Stanford
Teaching Mediation Ethics, Dispute Resolution Teachers Conference, April 26, 2003, San Francisco
Sitting in the Middle: A Mediation Workshop, ABM Corporation Annual HR Conference, April 9, 2003, San Francisco
Forgiveness Workshop, with Frederic Luskin, Washington State Bar Association Dispute Resolution Section Annual Meeting, September 20, 2002, Seattle, WA
ADR Pedagogy – Listening, Leading Discussions and Coaching, Stanford Law School for law professors visiting from Mexico, October 1, 2001, Stanford
Negotiation Workshop, California Coastal Commission, May 15-17, 2001, San Francisco
Mediating with Challenging People, UCSF Problem Resolution Center, April 10, 2001, San Francisco
A Practice in Intentional Integrity: Communicating in Conflict, 4 evenings, co-presenter, March 5, 12, 17 and 24, 2001, Sausalito
Preventing and Resolving Impasse: A Workshop for Mediators and Attorneys Who Represent Clients in Mediation, Contra Costa County Bar Association, October 1, 1999, Martinez
Preventing and Resolving Impasse: A Workshop for Mediators and Attorneys Who Represent Clients in Mediation, Contra Costa County Bar Association, September 26, 1998, Martinez
Mediation Training, Diverse ADR, 5 days, Spring 1997, San Francisco
Mediation Training for ALJs, EEOC, August 13-15, 19???, San Francisco
Probate Mediation Training, The Judiciary – State of Hawaii, November 19, 1996, Honolulu, HI
CONTINUING EDUCATION AND OTHER PROGRAMS
What Is Mediation? What Should It Be?, Moderator, The Mediation Society of San Francisco 2013 Educational Conference, to be presented May 5, 2013, San Francisco
Mediating in the Major Leagues: An Elder, Adult Family Mediation Convening Process, ABA Section of Dispute Resolution Annual Meeting, to be presented April 5, 2013, Chicago
When Both Sides Are Righteously Indignant: Staying Centered in the Storm, co-presenter, ABA Section of Dispute Resolution Annual Meeting, to be presented April 4, 2013, Chicago
When Both Sides Are Righteously Indignant: Staying Centered in the Storm, with Claudia Bernard, Northwest Dispute Resolution Conference, to be presented March 29, 2013, Seattle
Mediating in the Major Leagues: An Elder, Adult Family Mediation Convening Process, Northwest Dispute Resolution Conference, to be presented March 29, 2013, Seattle
Don’t Worry Be Happy: A Positive Psychology Workshop for Dispute Resolution Professionals, with Larry Mills, Sonoma County Bar Association ADR Section, January 21, 2013, Santa Rosa
The Appellate Process, with Hon. Arthur Scotland (Ret.), Court of Appeal, Third Appellate District Mediation Program, January 24, 2013, Sacramento
Better Sooner than Later: Early Resolution of Trust & Estate Disputes, Solano County Bar Association Trusts & Estates Section, September 18, 2012, Fairfield, CA
The Emerging Practice of Elder Mediation, International Summer School on Business Mediation, to be presented between July 19, 2012, Admont, Austria
Old Dogs, New Tricks: Translating Inspiration and New Information into Changed Behavior, co-presenter, to be presented between July 19 and 20, 2012, Admont, Austria
Empathetic Listening, The Dalai Lama Fellows, June 19, 2012, Novato, CA
Elder Mediation, New Jersey Estate and Elder Mediation Special Interest Group, April 30, 2013, teleconference seminar
Resolving Elder Decisions and Disputes: Mediation and Arbitration before and after the Elder’s Death, co-presenter, ABA Section of Dispute Resolution Annual Meeting, April 20, 2012, Washington, DC
I Grow Old.…: Working with Elders – and How I Went from “Not Knowing” to Writing a Book about Elder Mediation, 2012 NorCal ADR Faculty Conference, March 31, 2012, San Francisco
Mediating with Self-Represented Litigants, co-presenter, Contra Costa County Bar Association ADR Section, August 25, 2011, Martinez
The Aging Population: Elder and Probate Mediation, Perspectives and Programming, American Bar Association Section of Dispute Resolution Annual Meeting, April 14, 2011, Denver, CO
When the Mediator Is Not Alone with the Parties: Working with Other Professionals and Agencies in Elder Mediation, co-presenter, Association for Conflict Resolution Section on Elder Decision-Making and Conflict Resolution, November 30, 2011, webinar
Mediating from the Inside Out: Skillfully Managing Our Internal Dialogue during Mediation, co-presenter, American Bar Association Section of Dispute Resolution Annual Meeting, April 14, 2011, Denver, CO
Mediating with Elders and Adult Families: Trust and Estate Disputes and More, Sonoma County Bar Association, March 23, 2011, Santa Rosa
Mediation Best Practices with Four Top Trainers, co-presenter, Alameda County Bar Association ADR Section, March 9, 2011, Oakland
Elder Mediation: Mediating Sibling Disputes, Ageless Radio interview, December 21, 2011
When the Mediator Is Not Alone with the Parties: Working with Other Professionals and Agencies in Elder Mediation, co-presenter, Association for Conflict Resolution Section on Elder Decision-Making and Conflict Resolution, November 30, 2011, webinar
Mediating with Self-Represented Litigants, co-presenter, Contra Costa County Bar Association ADR Section, August 25, 2011, Martinez
The Aging Population: Elder and Probate Mediation, Perspectives and Programming, co-presenter, American Bar Association Section of Dispute Resolution Annual Meeting, April 14, 2011, Denver, CO
Mediating from the Inside Out: Skillfully Managing Our Internal Dialogue during Mediation, co-presenter, American Bar Association Section of Dispute Resolution Annual Meeting, April 14, 2011, Denver, CO
Mediating with Elders and Adult Families: Trust and Estate Disputes and More, Sonoma County Bar Association, March 23, 2011, Santa Rosa
Mediation Best Practices with Four Top Trainers, co-presenter, Alameda County Bar Association ADR Section, March 9, 2011, Oakland
Mediation and the Geriatric Care Manager, San Francisco Chapter of the National Association of Geriatric Care Managers, January 19, 2011, San Francisco
The Emerging Practice of Elder Mediation, ADR Section of the Minnesota State Bar Association’s Annual ADR Institute, October 29, 2010, Minneapolis, MN
Working with Loss and Grief: Theoretical, Practical and Personal Implication, ADR Section of the Minnesota State Bar Association’s Annual ADR Institute, October 29, 2010, Minneapolis, MN
The Emerging Practice of Elder/Adult Family Mediation: A Resource for Decision-making and Conflict Management, with William Andrews, American Bar Association Annual Meeting, August 8, 2010, San Francisco
Crossing the Border between Grievance and Forgiveness: Mediator As Sherpa?, International Summer School on Business Mediation, July 21, 2010, Admont, Austria
Empathic Listening and Wise Speech, International Summer School on Business Mediation, co-presenter, July 21, 2010, Admont, Austria
Working with Loss and Grief: Theoretical and Practical and Personal Implications, International Summer School on Business Mediation, July 19, 2010, Admont, Austria
Mediation of Trust & Estate Disputes: Emerging New Techniques in Trust/ Estate Disputes, Sonoma County Bar Association, May 25, 2010, Santa Rosa
Grief Matters: In Probate and Family Law Collaborative Cases, co-presenter, Collaborative Practice California Celebration, April 26, 2010, San Francisco
Appellate Mediation: It’s Never Too Late to Settle, co-presenter, California Court of Appeal Sixth Appellate District and the Santa Clara County Bar Association, April 16, 2010, San Jose
Forgiveness: The Ultimate Tool of Conflict Resolution, co-presenter, American Bar Association Section of Dispute Resolution Annual Conference, April 9, 2010, San Francisco
Grief Matters: Understanding and Working with Grief in Contested Probate Disputes, Elder Abuse Cases and Adult Family Elder Mediation, co-presenter, American Bar Association Section of Dispute Resolution Annual Conference, April 8, 2010, San Francisco
So You’re Considering Becoming an Elder Mediator: Elder Mediation ABCs, co-presenter, ACR Section on Elder Decision Making and Conflict Resolution, April 6, 2010, teleseminar
The Accidental Mediator: Mediation Skills for Eldercare Professionals, Sequoia Senior Solutions, March 9, 2010, Petaluma
Elder Mediation: Ethical Issues in Elder Cases, San Mateo County Bar Association, co-presenter, January 29, 2010, Redwood City
Grief Matters: A Workshop for Eldercare, Counseling and Legal Professionals, co-presenter, Sonoma County Bar Association, September 24, 2009, Santa Rosa
Appellate Mediation: It’s Never Too Late for a Happy Ending, co-presenter, California State Bar Annual Meeting, September 11, 2009, San Diego
The Anatomy of a Mediation, co-presenter, The Mediation Society, June 5, 2009, San Francisco
From Conflict to Connection, co-presenter, Professional Business Women’s Association Annual Conference, May 6, 2009, San Francisco
Workshop for Mediation Coaches, California Court of Appeal, Third Appellate District, March 24, 2009, Sacramento
Elder Mediation: Helping Elders, Their Families and Their Caregivers Make Good Decisions and Resolve Controversies, San Francisco Chapter of the National Association of Professional Geriatric Care Managers, March 11, 2009, San Francisco
Helping Attorneys and Parties Prepare Skillfully for Mediation or ENE, with Jay Folberg, ADR Program of the U.S. District Court for the Northern District of California, June 3, 2008, San Francisco
When Things Fall Apart, Collaborative Practice California Celebration, April 26, 2008, Oakland
Mediating with Heart, Soul and Humanity: Court-connected Mediation as a Source of Values for Elevating Mediation Practice, co-presenter, American Bar Association Section of Dispute Resolution Annual Meeting, April 2008, Seattle, WA
How to “Second that Emotion”: Working with Emotions to Manage Conflict in Mediation, California Judges Association Annual Conference, March 15, 2008, Monterey
Mindful Mediation, with Daniel Bowling, Association for Conflict Resolution Rocky Mountain Retreat, February 17, 2008, Allenspark, CO
Appellate Mediation, American Academy of Appellate Lawyers’ Annual Conference, March 2007, Catalina
Coaches’ Workshop: Coaching and Feedback, Court of Appeal, Third Appellate District, February 22, 2007, Sacramento
The Role of Forgiveness in Conflict Resolution, keynote, Collaborative Practice California Celebration, March 19, 2006, Santa Rosa
The Power and Pitfalls of Apology, Hawaii State Bar ADR Section, March 6, 2006, Honolulu, HI
Reflective Practice, with Daniel Bowling, Association of Conflict Resolution, November 2005, teleconference
Writing about Mediation, co-presenter, Bar Association of San Francisco Mediation Committee, September 1, 2005, San Francisco
Beginning the Beginning: Convening the Mediation, Northwest ADR Conference, May 2005, Seattle, WA
Dealing with Destructive Emotions during Couples Mediation, co-presenter, American Bar Association Section of Dispute Resolution Annual Meeting, April 2005, Los Angeles
Negotiation, Ethics and Zealous Advocacy: The Swirling and Murky Intersections between Negotiation, Zealous Advocacy and Ethics, Morality and Codes of Conduct, co-presenter, 1 day, Last Chance MCLE, January 29, 2005, San Francisco
The New Significance of Convening in Mediation, with Steve Cerveris, Southern California Mediation Association, November 2004, Malibu
Reflective Practice – Advanced Mediator Development, with Daniel Bowling, U.S. District Court, Northern District of California, September 14, 2004, San Francisco
Mediator Qualities, co-presenter, Hawaii State Bar Section of Dispute Resolution, March 2004, Honolulu, HI
Coaches’ Workshop: Coaching and Feedback, Court of Appeal, Second Appellate District, February 22, 2004, Los Angeles
Mock Mediation, San Francisco Trial Lawyers Women’s Caucus, February 17, 2004, San Francisco
Mediation 101, Stanford Law School Alumni Weekend, October 17, 2003, Stanford
Forgiveness, keynote, Collaborative Law Conference, May 31, 2003, Santa Rosa
Mediation Bloopers: Mistakes I Have Made, co-presenter, Northern California Mediation Association, April 2, 2003, San Francisco
Teaching Reflective Practice, with Daniel Bowling, Legal Educators’ Colloquium, American Bar Association Section of Dispute Resolution Annual Meeting, March 22, 2003, San Antonio, TX
Empathy and Forgiveness, The Center for Contemplative Mind and Society Legal Educators Gathering, Fetzer Institute, May 1, 2003, Kalamazoo, MI
Person Centered Lawyering, Gonzaga University School of Law, March 25, 2002, Spokane, WA
To Caucus or Not to Caucus, A Debate, co-presenter, Sonoma County Bar Association ADR Section, March 15, 2002, Santa Rosa
Coaching Workshop, Hastings College of the Law Adjunct Faculty, October 1, 2001, Oakland
Mediation of Public Policy Disputes, Boalt Hall School of Law ADR Policy Seminar, April 2, 2001, Berkeley
More than Money: Apology and Forgiveness in Mediation, Hawaii State Bar Dispute Resolution Annual Conference, March 16, 2001, Honolulu, HI
Mediating Workplace and Employment Disputes, UC Berkeley Extension Mediation Training, March 10, 2001, Berkeley
Apology and Forgiveness in Mediation: A Conversation, Yale-Quinnipiac Dispute Resolution Workshop, February 12, 2001, Hamden, CT
Forgiveness and Apology in Mediation, Bar Association of San Francisco Mediation Committee, February 1, 2001, San Francisco
ADR Pedagogy, with Bruce Patton, AALS Annual Conference, January 6, 2001, San Francisco
Apology to Hardball: Practical Negotiation Techniques, co-presenter, American Inns of Court, December 18, 2000, San Francisco
Mediation in the Workplace, Golden Gate University Conflict Resolution course Graduate Program in Psychology, November 28, 2000, San Francisco
Forgiveness and Mediation Workshop, with Frederic Luskin, November 17, 2000, Sausalito
The Power of Forgiveness, American Board of Trial Advocates Annual Conference, November 10, 2000, Kona, HI
More than Money: The Role of Apology in Mediation, The Mediation Society, October 12, 2000, San Francisco
Forgiveness and Mediation Workshop, with Frederic Luskin, June 16, 2000, Sausalito
Appellate Mediation: The Last Frontier, co-presenter, Bar Association of San Francisco Appellate Section, May 3, 2000, San Francisco
Mediation and the Art and Science of Forgiveness, with Frederic Luskin, ABA Section of Dispute Resolution Annual Meeting, April 2000, San Francisco
Empathy, California Judges Association Annual Conference, March 19, 1999, Monterey
OTHER PROFESSIONAL EXPERIENCE
Bonner County School District, Sandpoint, ID (1970-1983)
Taught classes in English and child development; chair of home economics department of four teachers; author of Exemplary Grant awarded by Idaho Department of Vocational Education for School Age Parent Program, the first in Idaho
North Idaho College, Coeur d’Alene, ID, Director of Satellite Campus (1972-1983)
Instructed literature composition courses; director of satellite campus, responsible for recruiting, assisting in hiring and supervising instructors, as well as marketing, facilities, scheduling and coordinating with main campus.
PROFESSIONAL ACTIVITIES AND HONORS
Boards, chairs and honors
• Board of Directors, California Dispute Resolution Council (2011-present)
• Founder, Director and Secretary, RockRose Institute (2004-present)
• Diplomate Member, Academy of Distinguished Neutrals (2006-present)
• California State Bar ADR Standing Committee (2005-2008)
• Co-chair, Bar Association of San Francisco Mediation Committee (1995-2005)
• Board of Directors, California Dispute Resolution Institute (2002-2003)
• Keita Taylor Colby Pro Bono Award, McCutchen, Doyle, Brown & Enersen
• Idaho and National Teacher of the Year
• State Bar Pro Bono Lawyer Award (with McCutchen, Doyle, Brown & Enersen litigation team)
• The Mediation Society Award for Outstanding Contribution in the Field of Mediation
• Daily Journal “Top 50” neutral
Other Memberships
• California Dispute Resolution Council
• The Mediation Society
• ABA Section of Dispute Resolution
• Marin County Bar Association, ADR and Probate and Estate Planning Sections
Mediation Panel Appointments
• U.S. District Court for the Northern District of California
• Courts of Appeal, First, Second and Third Appellate Districts
• Boston Law Collaborative Employment Panel
• Resolution Systems, Civil and Employment Panels
• Alameda, Marin, Santa Clara, San Mateo and Sonoma Superior Courts
PUBLICATIONS
Books
Guide to Elder Mediation (with Carolyn Rosenblatt) (ABA Publishing in 2012)
California Arbitration and Mediation Practice Guide – Court-connected ADR, Annual Supplement Editor (Lawpress 2010-present)
Ninth Circuit Education Programs on Court Sponsored ADR (Western Justice Center 2006)
Chapters
Mediation and Geriatric Care Management, in Handbook of Geriatric Care Management, Third Edition (ed. Cathy Jo Cress) (Jones & Bartlett 2011)
Preparing for Mediation, in Litigator’s Guide to Representing Clients in ADR (with Daniel Bowling and Jeffrey Kichaven) (Continuing Education of the Bar 2005-2011)
The Mediation Process, in Litigator’s Guide to Representing Clients in ADR (with Richard Collier) (Continuing Education of the Bar 2005-2011)
Reconciliation and the Role of Empathy, in ADR Personalities and Practice Tips (ABA Press 1998)
Articles
“Showcase Your Stellar Client,” The Trial Lawyer (Spring 2004)
“Representing Clients in Appellate Mediation: The Last Frontier,” Dispute Resolution Alert (with John Toker) (December 2000)
“The Power of Forgiveness,” California Lawyer (December 2000)
EDUCATION
Santa Clara University School of Law, J.D. (1987)
University of Idaho, M.A., English (1970)
University of Montana, B.A., English (1968)
BAR ADMISSION
State Bar of California and U.S. District Court for the Northern District of California (1987)
