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.

Harris v. Commonwealth Land Title Ins. Co. (Jan. 23, 2004, D041653) 2004 WL 103572 [nonpublished opinion]

Enforceability of arbitration clause in title insurance policy

Saint Agnes Medical Center v. PacifiCare of Cal. (2003) 31 Cal.4th 1187

No waiver of right to arbitration by filing suit claiming entire contract was void

Hightower v. O’Dowd (July 31, 2003, B156006) 2003 WL 21758375 [nonpublished opinion]

Review of arbitration awards; scope of arbitrator’s power

Allen v. Hansen (June 19, 2003, B161200) 2003 WL 21404922 [nonpublished opinion]

Enforcement of settlement reached at mediation

Foxgate Homeowners’ Association, Inc., v. Bramalea California, Inc. (2001) 26 Cal.4th 1

Confidentiality of mediation proceedings (amicus brief)

Warren-Guthrie v. Health Net (2000) 84 Cal.App.4th 804

Enforcement of arbitration agreement under public employee contract

Groom v. Health Net (2000) 82 Cal.App.4th 1189

Factors considered in whether a party waived arbitration clause by participating in litigation

Berman v. Health Net (2000) 80 Cal.App.4th 1359

Factors considered in whether a party waived arbitration clause by participating in litigation

May 18, 2000 Related Cases
Collins Development Co. v. D. J. Plastering, Inc. (2000) 81 Cal.App. 4th 771

Procedure for allocating settlement payments found constitutionally defective

Kalustian v. Foundation Health (1999) 1999 WL 1074011

Enforcement of arbitration agreement

Who We Serve

PUBLIC ENTITIES

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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INSURERS

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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BUSINESSES

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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TRIAL COUNSEL

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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INDIVIDUALS

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

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COMMUNITY PRO BONO

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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