MAP Background Information Provided
Name:
JONATHAN POLLAND
Address
Polland Resolution Services
1412 Oxford St.
Berkeley, CA 94709
1412 Oxford St.
Berkeley, CA 94709
Telephone:
Email:
Website:
Fees:
500 per hour
Other Costs:
Half-day minimum, no cancellation fees
0129735
Current Status:
Attorney
Subject Matter:
- Business / Breach of Contract
- Employment
- Environmental
- Legal Malpractice
- Probate: Estates & Trusts
- Real Estate / Eminent Domain
- Securities
- Other: See my website for additional areas of expertise: https://www.pollandadr.com
Mediation Experience:
I am a full-time neutral, and have mediated over 150 cases in a variety of areas including contract, real estate, commercial, business tort and breach of fiduciary duty, business ownership/control, employment, probate and landlord/tenant disputes. I have been approved by, and listed on, settlement and mediation panels administered by the Alameda, Contra Costa, Marin and San Francisco County Superior Courts, and by the American Arbitration Association, and the Financial Industry Regulatory Authority (FINRA).
Mediation Training:
Straus Institute for Dispute Resolution, Pepperdine Caruso School of Law: Mediating the Litigated Case; UC Davis: Advanced Conflict Resolution Skills; San Francisco Superior Court: Bench Conduct, Demeanor Training for Pro Tem Judges; American Arbitration Association: mediator training courses.
Arbitration Experience:
I have arbitrated over 40 cases. I serve on arbitration panels administered by the American Arbitration Association, FINRA, the Independent Administrator for Kaiser Permanente arbitrations, and the CPR Panel of Distinguished Neutrals.
Settlement Conference Experience:
I regularly serve on settlement conference panels administered by the Marin and San Francisco County Superior Courts.
Other Education:
UC Berkeley School of Law (JD, Order of the Coif, American Jurisprudence Awards in Contracts, Labor Law, Commercial Transactions, and Corporations -1987); Wesleyan University (BA-1981).
Mediator and Arbitrator, 2020-Present; Litigation Partner, Gordon & Polland LLP, 2008-2020; Litigation Partner, Barg Coffin Lewis & Trapp LLP, 2000-2008, Litigation Partner, Landels Ripley & Diamond LLP, 1996-2000; Litigation Partner/Associate, Griffinger Freed Heinemann Cook & Foreman LLP, 1992-1996; Litigation Associate, Shartsis Friese LLP, 1987-1992.
Mediator and Arbitrator, 2020-Present; Litigation Partner, Gordon & Polland LLP, 2008-2020; Litigation Partner, Barg Coffin Lewis & Trapp LLP, 2000-2008, Litigation Partner, Landels Ripley & Diamond LLP, 1996-2000; Litigation Partner/Associate, Griffinger Freed Heinemann Cook & Foreman LLP, 1992-1996; Litigation Associate, Shartsis Friese LLP, 1987-1992.
Mediation Approach:
I reach out separately to the attorneys for each party in advance of the mediation. I ask for background about the case, and speak informally with each of the attorneys. These calls allow me to structure the mediation to meets the needs of the parties. I encourage parties to exchange information in advance of the mediation, including the basis for damage calculations, and key documents and information that support their claims and defenses. I work with each party to develop realistic settlement proposals that address the needs and interests of all parties. I also act as a sounding board. In a private caucus and at later stages in the mediation, I may share my views regarding specific disputed issues if I believe this information will facilitate settlement. When a settlement is reached, and before the mediation is concluded, I encourage the parties to prepare and sign a term sheet documenting the settlement.
Arbitration Approach:
I provide a fair, efficient, evenhanded, and well-managed arbitration. I thoroughly review all written materials submitted by the parties and pay careful attention to the testimony and statements made by witnesses, parties and their counsel. I treat all those who participate in the arbitration with courtesy and respect. Promptly after the conclusion of the hearing, I provide a considered decision based on the law and the facts presented.
Other Information:
Recent Publications and Speaking Engagements:
Author: "Using Cost-Shifting Rules and Statutes to Increase Recoveries in Arbitration", Alternative Dispute Resolution, quarterly publication of the American Bar Association, March 2023
Speaker: "Attorney Fee and Cost Awards in Arbitration", presented at the American Bar Association's Dispute Resolution Conference, May, 2023; at a San Francisco Bar Association Webinar, March, 2023; and at American Arbitration Association Webinars, January and June, 2023
Speaker: "Mass Arbitrations from the Arbitrator's Perspective", presented at the American Arbitration Association's Roundtable Brown Bag Series, May, 2022
Panelist: Orientation for New Temporary Judges of the San Francisco Superior Court, November, 2021
Speaker: "The Benefits of Mediation", presented to the East Bay Lawyers Affinity Group of ProVisors, June, 2021
Panelist: "Remedies in Real Property Litigation", presented to the Bar Association of San Francisco, 2015
Author: "Using Cost-Shifting Rules and Statutes to Increase Recoveries in Arbitration", Alternative Dispute Resolution, quarterly publication of the American Bar Association, March 2023
Speaker: "Attorney Fee and Cost Awards in Arbitration", presented at the American Bar Association's Dispute Resolution Conference, May, 2023; at a San Francisco Bar Association Webinar, March, 2023; and at American Arbitration Association Webinars, January and June, 2023
Speaker: "Mass Arbitrations from the Arbitrator's Perspective", presented at the American Arbitration Association's Roundtable Brown Bag Series, May, 2022
Panelist: Orientation for New Temporary Judges of the San Francisco Superior Court, November, 2021
Speaker: "The Benefits of Mediation", presented to the East Bay Lawyers Affinity Group of ProVisors, June, 2021
Panelist: "Remedies in Real Property Litigation", presented to the Bar Association of San Francisco, 2015
Brief Thumbnail:
I have served as a mediator in over 150 cases, and as an arbitrator in over 40 cases. Prior to becoming a full-time neutral, I litigated over 500 cases in state and federal courts, and before private arbitration panels, representing both plaintiffs and defendants. I arbitrate, mediate and litigated a broad range of business, real estate, and commercial cases. Additional background information is on my website: https://www.pollandadr.com