| Earl
P. Willens, J.D. Phone (310) 573-7660 : Fax (310) 454-0302 |
|
|
I offer parties seeking help in resolving their disputes the expertise that comes from mediating over 150 disputes as a full-time mediator plus thirty-five years experience as an active litigator involved in most every aspect of personal and business litigation. This background, coupled with extensive formal mediator training, forms the basis for my representation and commitment to you, the prospective user of my services, that I will maximize the opportunity which the mediation process provides to resolve your dispute. As a mediator, I have assisted parties in achieving finality and resolution to claims brought by employees of workplace discrimination, harassment, and wrongful termination. My litigation experience in defending employers accused of employment-related wrongs as well as representing individual employees in discrimination claims insures a balanced perspective and a reality check to employment-related claims and defenses in the mediation context. I have mediated construction defect matters involving claims by home-owner associations against general contractors, the inevitable cross disputes among the various sub-trades and other construction defect scenarios including homeowners or developers against architects and builders. Based upon my experience in both defending such claims as an attorney for one of the world’s biggest home builders, as well as prosecuting and defending claims for builders and various building trades, I am able to discuss the reality of these claims and the related insurance coverage issues and the costs associated with prosecuting and defending them. My extensive litigation experience representing manufacturers, financial institutions and small businesses has been an advantage to parties involved in attempting to settle through mediation general corporate and commercial disputes by helping them to identify their ultimate interests requiring resolution and to contrast these interests with the various alternatives to a negotiated resolution of their current dispute. In addition, I have assisted parties in resolving complicated breach of trust issues involving assertions of breach of fiduciary duties among partners, trustees and beneficiaries as well as questions of undue influence. I have also mediated well over 50 matters involving personal injury actions arising from "auto/auto," "slip and fall" as well as malpractice claims. I work with counsel in developing a mediation plan during which we identify the people who should be at the mediation, including decision-makers and experts if necessary, and identify special legal or insurance coverage issues that may impact the ability to achieve resolution. I keep myself current with jury awards throughout the State so as to assist counsel in the process of evaluating any potential judgment for the particular matter in mediation. My fees are $350/hr, divided between or among the parties. There is no charge for travel time, but there is a two hour minimum. I am a member of AAA Commercial and Construction Mediation and Arbitration panels: Member of Executive Committee of Los Angeles County Bar Association’s Labor and Employment section and Co-chair of its ADR committee: Member, EEOC Panel of Mediators: Los Angeles County Superior Court Mediation and Arbitration Panelist: Settlement Officer, United States District Court, Central District. Over 20 years as Judge Pro Tempore of Los Angeles Superior Court, and on Los Angeles Bar Association’s fee dispute resolution panel. (See my Personal Information Sheet for further details.) |