Masters of Dispute Resolution

Season 05 Episode 12 Lee Jay Berman became a full-time Los Angeles mediator 30 years ago and has since mediated over 3,000 cases. He is an International Academy of Mediators’ Distinguished Fellow and a National Academy of Distinguished Neutrals (NADN) Charter Diplomate. In this episode, Lee Jay and Len discuss an escalating dispute between neighbors, owners of adjoining beach properties, which had devolved into issues and behaviors unrelated to the initial problem. Listen to one of the thought leaders in mediation, to whom other mediators have looked for guidance on how to change the dialogue of dispute into effective, problem-solving communication.

Season 05 Episode 11 Raphael Lapin brings an extensive and unique background to his practice as a mediator. He has not only mediated more than 1,000 litigated disputes, but he has also mediated across a variety of sectors, and taught conflict resolution at Southwestern Law School and Whittier Law School. In this episode, Raphael talks about a multi-party dispute involving a school district, three teenage girls, and their parents, arising from a bullying incident in which two of the girls physically attacked another girl as they participated in a school sports event, inflicting physical and emotional injuries. Resolution of the dispute resulted from the atypical approach employed by Mr. Lapin. What was that approach, and how was it implemented?

Season 05 Episode 10 Now a member of the ADR Services, Inc. panel of neutrals, Debra Bogaards served as a private mediator for over six years, as well as a mandatory settlement conference officer in San Francisco for over five years and in Marin County for almost 30 years. In this session, Debra and Len discuss the mediation of a matter involving child molestation of both the victim and the molester’s daughter, also a victim of molestation, and the process of dealing with the considerable emotional impact of the molestation in reaching a resolution.

Season 05 Episode 09 Drawing upon a career spanning over four decades as both a mediator and trial lawyer, Mark D. Kramer, Esq., utilizes his extensive experience to assist parties in resolving disputes, bringing invaluable expertise to the mediation field. In addition to his litigation and trial expertise, Mr. Kramer distinguishes himself through his extensive mediation experience. In this episode, Mark and Len discuss the mediation of a case involving extensive facial injuries after a dog bite. Who owned the dog? What insurance would cover the injuries? How did Mark help the parties address these questions and others to achieve a resolution? Listen and enjoy.

Season 05 Episode 08 Steven Abern, Esq., brings unparalleled expertise to ADR Services, Inc. His extensive legal career spans 34 years, during which he served as the Managing Partner at Haapala, Thompson & Abern, one of the preeminent insurance defense firms in the Bay Area. In this episode, Steve tells the story of a dispute between a long-term tenant and a landlord who had recently purchased a four-unit apartment building. Heavy rain had caused the collapse of the ceiling in the tenant’s apartment and extensive water damage, which required the tenant to vacate the unit. The tenant’s attempt to obtain compensation was met by threats from the property manager, unbeknownst to the landlord. Tune in to discover how Steve was able to overcome significant obstacles and guide the parties to resolution.

Season 05 Episode 07 Peter Linn, Esq. is a seasoned mediator and litigator with nearly three decades of expertise in the Bay Area legal landscape. In this episode, Peter tells the story of a dispute between competing businesses, two nail salons, one of which was owned by former employees of the other, who “poached” the employees of their former employer and opened its doors across the street. How did Peter help the parties overcome a highly emotional business situation with issues ranging from wage and hour, unfair competition, misappropriation of trade secrets, and others, with each side seeking affirmative relief?

Season 05 Episode 06 Geri Green, Esq. is a full-time mediator and discovery referee. Her straightforward approach and open-minded pragmatism generate the trust necessary for litigants to entertain the possibility of resolution and arrive at solutions. In this episode, Geri shares the story of a family, still dealing with the emotional trauma of their father’s death, being sued by their tenant, an equine psychologist and long-time friend, for habitability issues arising from the rental. Friendship, grief, hurt feelings, legal rights, and insurance issues presented formidable obstacles to resolution. Learn how this master mediator helped the parties embrace a satisfying solution and put the dispute behind them.

Season 05 Episode 05 Irene Takahashi is widely recognized as one of the Bay Area’s leading mediators, and, since 2017, has been a member of the ADR Services, Inc. panel of neutrals. Building on a solid foundation of trial experience, she adds the insights gained while serving as a trial judge for both bench and jury civil and criminal cases. In this episode, Irene and Len discuss the mediation of a wrongful death case arising out of a collision between a car and a motorcycle. The widowed plaintiff’s continued anger at the defendant and the widow’s desire that the defendant suffer posed a substantial impediment to resolution. What did Irene do to overcome this deeply emotional situation and make settlement possible?

Season 05 Episode 04 Carmen Alberio is a recognized expert in the field of Probate, Estates, and Trusts law, with 37 years of experience as a Probate Attorney for the Los Angeles Superior Court that has been invaluable in both her probate consultation and mediation work. In this episode, Carmen will share the story of a probate mediation about a dispute between a beneficiary and the successor trustee, and how she was able to guide the parties to resolution. Carmen refers to the process she went through in determining what it would take to settle this case as the process of peeling an onion.

Season 05 Episode 03 Bette Epstein, Esq. has been mediating trust and estate disputes since 2000, following a remarkable career as a trust and estate litigator, and is highly regarded as one of the Bay Area’s leading probate specialists. In this episode, Bette shares the story of a conflict between the widow of a wealthy man whose intent was to ensure that his widow (who provided all the necessary care for him in his lengthy last illness) would be able to maintain the lifestyle she had previously enjoyed with her husband after his death, and his sons from a previous marriage, who were the co-trustees of the trust set up to support the widow. Listen to find out how she was able to guide the parties to a resolution.

Season 05 Episode 02 Steve Cerveris is a full-time, independent mediator and principal of CERVERIS MEDIATION. Assisting his clients through the emotionally and economically draining, time-consuming challenges of litigation earlier in his 40-year career ultimately led Steve to pursue the field of alternate dispute resolution for the past 25 years. His goal was and is to help people embroiled in litigation find a more humane, positive way to resolve conflict. In this episode, Steve relates the story of children in a church school, their molestation by a trusted pastor, and the devastating effect molestation had on their lives and relationships. The complicated mediation was not only effective in settling a lawsuit, but was also able to provide a means by which healing could begin, in part, through institutional changes.

Season 05 Episode 01 Welcome back for a brand new season of Masters of Dispute Resolution! Joining Len is returning guest Phyllis W. Cheng, Esq., former Director of the Department of Fair Employment and Housing (DFEH), the largest state civil rights agency in the United States. In this episode, Phyllis tells the story of a man in his twenties, alone in a cell in a jail run by a firm under contract with a governmental agency. Activity in the cell was recorded by a video camera, where he was observed to be sleeping and exercising. It then abruptly showed him in pain with contusions, a black eye, and other injuries, with the man unable to remember what happened to him. What happened to cause these injuries? How did Phyllis guide the parties to resolution?

In the first four seasons of Masters of Dispute Resolution, host Len Levy and his expert guests have not only made it their mission to share how mediation has brought about resolution but also to educate. Not just educate by giving attorneys, mediators, and others tools to perform their respective roles more effectively, but also to illustrate that kindness, dignity, and empathy all carry with them great healing powers. Tune in to hear Len's preview of Season 5, looking forward to more compelling stories of how lives have been changed by those who strive to make a difference.

Season 04 Episode 12 Bob Friedenberg, a full-time Mediator and Arbitrator on the Panel of Neutrals of ADR Services, Inc., and a former litigator, educator, and track coach, has 40 years of legal experience, the last 20 of which have been exclusively as a full-time mediator, arbitrator and discovery referee and special master. He has handled well over 2,000 cases through his years of experience. In this episode, Bob joins Len to tell the story of a dispute about a defective remodeled home and what it took to deal with the complex construction and insurance issues standing in the way of resolution.

Season 04 Episode 11 Steven A. Block, Esq. is a highly experienced mediator, arbitrator, special master, and referee. In this episode Steve tells the story of conflicts within a family, owners of a very successful farm operation, headed by two brothers and founded by their grandparents a century before. That conflict jeopardized not only the ability to continue their legacy business, but also their relationships within the family. Listen and learn how a master mediator helped the parties overcome considerable obstacles to resolution.

Season 04 Episode 10 Brad Bening is one of the most effective and well-regarded neutrals in Northern California. He has successfully mediated more than 2,000 cases throughout his career. In this episode, Brad shares the story of a conflict that arose in the aftermath of a wealthy man’s death when his family learned that he had fathered additional children, including two with an employee of his firm, born 11 months after his death, and what it took to resolve that conflict in mediation.

Season 04 Episode 09 Patrick M. Kelly is one of the pre-eminent trial lawyers, litigators, law firm leaders, and professional association leaders in the country. He has vast experience in numerous substantive areas that he will bring to bear in efficiently, effectively, and economically resolving matters as a mediator, arbitrator, or referee. In this episode, Pat tells the story of a complex probate dispute, what he did to help the parties reach a resolution recognized by the parties as fair and in everyone’s best interests, and what it takes to achieve satisfying outcomes.

Season 04 Episode 08 Jeanne Behling, Esq. is a seasoned mediator, having successfully resolved hundreds of disputes since commencing her full-time mediation practice in 2016. In this episode, Jeanne joins Len to tell the story of a truck driver whose injuries had him facing the end of a career that not only provided support for his family, but was also tied to his feeling of self-worth, and the obstacles Jeanne helped the parties overcome to achieve a settlement by helping an injured man embrace the changes in his life and maintain his dignity.

Season 04 Episode 07 Scott Dickinson, Esq. has mediated nearly 3500 cases, and brings to his nearly 20 year highly successful mediation practice experience as a trial lawyer representing both plaintiffs and defendants in a wide variety of civil matters. In this episode, Scott tells the story of an 85-year-old man injured in a motor vehicle accident and what it took to not only overcome unrealistic expectations, but also to discern and deal with the emotional impediments to reaching a resolution.

Season 04 Episode 06 Lance A. LaBelle, Esq. is a highly regarded mediator, arbitrator, and insurance expert with experience handling all forms of insurance matters. In this conversation with Len, Lance tells the story of a dog attack that resulted not only in devastating injuries to those bitten but also potentially affected the life of the dog owner’s lessor. Lance demonstrates how he was able to help the parties overcome numerous impediments including issues of coverage, policy limits, an insurance company’s potential insolvency and an impending summary judgment motion to reach a resolution.