“This is the third attempt to mediate this case. And Mr. Hamburg was far and away the best mediator. I dare say we would not have settled today but for his efforts.”
George Yuhas, Orrick Herrington, Comments made to Hon. Judy Craddick, (Settlement of business dispute relating to distributorship agreement).
"I was not the least bit optimistic heading into our session, and I credit your efforts in getting us to a point of resolution."
Scott Freedman (Settlement of contruction defect/failure to disclose multi-party lawsuit)
"Thanks so much for your heroic and successful efforts today. I honestly did not think it would end up being resolved in mediation. This resolution is a testament to your skills and powers of persuasion."
Dorothy Berendt (Settlement of real estate non-disclosure lawsuit)
"Well done, Ben, and thank you, you were wonderfully forceful--just what was needed.”
Mary Swann, Law Offices of Mary Swann (Settlement of real estate commission dispute).
Mediation Philosophy
Anyone who has been involved in litigation knows that it is always more time consuming and more emotionally draining than anticipated. A businessperson whose focus should be on making the business succeed does not generally need the distractions that litigation brings with it. Mediation provides litigants with an opportunity to take control of their own destiny, and not leave the resolution of important matters to the whim of a judge or jury.
My focus as a mediator is on “getting the deal done” by utilizing my strengths of patience, persistence, credibility, and over 30 years of “real-life” litigation and mediation experience. Since each case has its own set of dynamics and personalities, I utilize the mediation approach that I determine is best suited to the particular problem in question at the time. I believe that a mediator must be flexible, and confident enough in his own skills to adapt the mediation style to suit the needs of a particular mediation. I make every effort to work with the parties to facilitate a mutually acceptable resolution, and will also provide my evaluation of factual and legal positions as appropriate to the disposition of the matter. I establish a rapport with litigants and counsel, and I am adept at listening, defusing emotional blocks and building cooperation. I work with the parties to try to formulate creative business solutions to difficult problems.
I am a member of The Mediation Society, a non-profit organization based in Northern California that is composed of trained and experienced mediators.
Mediation Training
As an attorney, I have been involved in well over 100 mediations and settlement conferences over the past 30 years. Additionally, I have mediated numerous cases as a private mediator and as a court-appointed mediator for the United States District Court, Northern District of California, and the San Francisco and Contra Costa Superior Courts. In addition to my hands-on experience, I have trained as a mediator by participating in the United States District Court’s mediation training program and in private mediation courses.
References
George Yuhas Matthew Lovell Andrew Zacks
Orrick Herrington Sedgwick, Detert, et. al Zacks & Utrecht
Nancy Pritikin Richard Bruno Frank Cialone
Littler Mendelsohn Gordon, Watrous, et. al. Shartsis, Friese
WilliamGaus Eric Nyberg William Bachrach
Carla Hartley Kornfield, Nyberg, et. al. L/O William Bachrach
Dillingham Murphy
Stephen Henry Paul Tour-Sarkissian Alison Hightower
L/O Stephen Henry Tour-Sarkissian Law Offices Littler
Additional references available on request