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287==Name: Kenneth R. Van Vleck
Address: GCA Law Partners LLP
  2570 W El Camino Real Ste 400
  Mountain View, CA 94040
Telephone:(650) 428-3900Fax:(650) 428-3901      
Email: kvanvleck@gcalaw.com
Website: www.gcalaw.com
Fees: $450 per hour
Other Costs:  $450/hour (mediation/arbitration) and $300 (neutral evaluation).
Minimum retainer for full-day bookings: $2500. No administrative, cancellation or room booking fees. Free travel up to 40 miles.
BAR Number:0000000
Current Status: Attorney
Subject Matter:
  • Business / Breach of Contract
  • Construction
  • Landlord / Tenant
  • Real Estate / Eminent Domain
Mediation
Experience:

 		I have been providing comprehensive mediation services since 2019.
Mediation
Training:

 		Mediate.com University (40 hours Nov. 2016); Mountain View Mediation Training Program/Mediation 2.0 (40 hours Nov. 2020); California Assoc. of Realtors Mediation and Arbitration training (3.5 hours Jan. 2023); regular judicial training through Santa Clara County Superior Court Judge Pro Temp. program (2018 to present).
Arbitration
Experience:

 		Primarily real estate arbitration, commercial or residential.
Settlement
Conference
Experience:
Weekly settlement conference pro temp. experience through Santa Clara Superior Court.
Other
Education:

 		 UC Hastings College of Law (Now UC Law San Francisco): JD 1993.
Stanford University: English/literature: AB 1990.
Mediation
Approach:

 		 In real estate and construction matters, I tend to be evaluative, relying on 30 years of experience in real estate and construction litigation.

In other cases, I am more facilitative than evaluative.
In all cases, my goal is to limit parties’ exposure to risk, including fees, liability, emotional damage, and lost productivity, by helping parties to see how they are better off with a self-driven solution than one directed by a trier of fact.
Arbitration
Approach:

 		 I conduct arbitrations like a court trial, usually with direct and cross-examination of witnesses and presentation of documentary and other evidence. Absent contrary instructions from counsel, I will conduct arbitrations under the California Arbitration Act (Cal. Code of Civil Proc. § 1281 et seq.).
I give reasoned awards, explaining what I found persuasive and why, with reliance on legal authority, where appropriate.
Neutral
Approach:

 		 I allow each side to present their position in the way they prefer – either by offer of proof, presentation of witnesses (limited) or reliance on documents and briefing. Once each side has presented their case, I will typically take it under submission and render a written advisory opinion within 1 week.
Other
Information:

 		 Over the past three decades, I have tried countless cases to verdict, before juries, judges, and arbitrators. Since 2019, I have been providing comprehensive mediation services.

In 30 years of litigation practice, I've seen firsthand how destructive the court process can be for the participants. The litigation costs, emotional toll, and productivity drain cannot be recovered. Even prevailing parties are often worse off for having tried their action. I have toiled endlessly to prepare cases for trial only to have them postponed, or vacated, or worst, trailed for weeks waiting for a courtroom. Even the best-prepared cases are filled with trial surprises.

All participants can be better served by finding solutions themselves as opposed to relying on judgment or awards given under strained circumstances.

Even unsuccessful mediation can be helpful. Where reconciliation cannot be found, parties are better off knowing they gave a legitimate effort to resolve their matter before trial. And often the issues are crystallized in a way they cannot be without mediation. This streamlines litigation, clarifying what needs to be learned before trial. Having an outside evaluation of the facts, witnesses, and legal issues provides much needed clarity well before trial rather than during.

I believe I can help parties in litigation find better alternatives.
Brief
Thumbnail:

 A California litigation attorney with over 30 years of experience in trials and arbitrations, I have been providing comprehensive mediation services since 2019.
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