Arbitration, Mediation & Settlement

Arbitration, mediation, and/or settlement discussions may help resolve a dispute more quickly and efficiently than litigation, but the results often prompt litigation and appeals.  When clients turn to these alternative dispute resolution techniques, GMSR helps them by recommending mediators or arbitrators, formulating strategy, and drafting briefs that persuasively lay out their position.  GMSR also routinely represents clients in appellate proceedings related to alternative dispute resolution.

Sheppard, Mullin, Richter & Hampton, LLP v. J-M Manufacturing Co., Inc. (2016) 244 Cal.App.4th 590

Court of Appeal reversed a $1.7 million judgment against GMSR’s client J-M Manufacturing Co., Inc.

GMSR posts second California Supreme Court win in two weeks with opinion upholding the enforcement of a standard arbitration provision in auto dealers’ sales contracts

In Sanchez v. Valencia Holding Co., LLC (2015) 61 Cal.4th 899 (California Supreme Court), the arbitration clause in a standard auto purchase contract used by most California car dealers mandated: (1) arbitration before a single arbitrator on an individual basis, waiving any class action; (2)

Sanchez v. Valencia Holding Co., LLC (2015) 61 Cal.4th 899

California Supreme Court upholds the enforcement of a standard arbitration provision in auto dealers’ sales contracts

Greenspan v. LADT, LLC (2010) 185 Cal.App.4th 1413

Arbitrator’s authority to interpret underlying contract, arbitration agreement and arbitration rules

Court affirms $8 million arbitration award in favor of GMSR’s client

Greenspan v. LADT, LLC (2010) 185 Cal.App.4th 1413 (Greenspan I) (California Court of Appeal, Second Appellate District, Division One). In an arbitration arising out of a real estate contract, GMSR’s client won an $8 million award. The defendants sought to vacate it on grounds that

Greenspan v. Manhattan Loft, LLC (Nov. 10, 2009, B205917) 2009 WL 3740703 [nonpublished opinion]

The trial court struck $12 million from a $14 million arbitration award, concluding that the parties did not submit to arbitration the issue that resulted in those damages. The court reached that conclusion by interpreting a series of contracts de novo and then using that

Burlage v. Superior Court (2009) 178 Cal.App.4th 524

Reversal of arbitration award for arbitrator’s failure to consider evidence (amicus brief)

Aug 27, 2009 Related Cases
Murphy v. Hansen (Aug. 27, 2009, B206751) 2009 WL 2623335 [nonpublished opinion]

After GMSR’s client purchased a Malibu hilltop homesite together with essential access easements, a neighboring landowner challenged the easements’ existence. The multiple disputing parties in two lawsuits entered into a complex written settlement agreement involving transfers of land, easements, trust deeds, and cash—but then could

Karcher Firestopping, Inc. v. Local No. 5 Internat. Assn. of Heat and Frost Insulators and Asbestos Workers (9th Cir. 2008) 281 Fed.Appx. 722

A labor union filed a grievance against GMSR’s client and the client invoked its right under the collective bargaining agreement to have the grievance heard by a neutral arbitrator. The union asserted that the grievance instead had to be submitted to an administrative committee consisting

Nuanes v. Insignia Financial Group, Inc. (Feb. 20, 2008, A115240) 2008 WL 444951 [nonpublished opinion]

This complex derivative/class action was filed in 1998 and, after multiple rounds of mediated settlement negotiations, settled in 2002. The trial court approved the settlement, but an objector—who claimed the case was worth hundreds of millions of dollars more than the settlement consideration—successfully challenged the

Who We Serve


Whether on appeal, assisting trial counsel, or advising government officials contemplating legislative action, GMSR provides unique insight into the complex laws that impact public entities.

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Where coverage may exist, GMSR represents insureds on appeal effectively and efficiently. Where it does not, the firm protects insurers’ right to deny claims.

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GMSR offers corporate clients objective assessments on appeal, based on a deep understanding of the limitations and opportunities of appellate review.

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The firm’s lawyers are team players, collaborating with trial counsel at any level from legal strategy to writing or editing trial court motions and appellate briefs.

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GMSR vigorously advocates the rights of individual plaintiffs and defendants, in both state and federal appellate courts.

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As part of GMSR’s long-standing commitment to social justice and equality, GMSR provides pro bono appellate services to individuals and to community organizations on issues of concern.

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