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Articles Published by Robert Merring at Mediate.com

All types of business, commercial, intellecutal property, real property, employment, antitrust and securities disputes and ranging from simple breach of contract and collection matters to sophisticated trademark, copyright, trade secrets, business dissolutions and real property conflicts and workouts; to complex antitrust, environmental, securities and multi-party litigation. Combining a Stanford University and Columbia Law School education, 38 years of experience as a practicing attorney, 22 years as an alternative dispute resolution provider and over 400 hours of extensive training through Pepperdine University's Straus Institute for Dispute Resolution, American Arbitration Association, Harvard Program on Negotiation and American Insitute of Mediation to bring you the highest quality mediation and arbitration services.

Mr. Merring has been accredited by the International Mediation Institute (the Hague) and mediate.com as a Certified Mediator and was a past chair of the Alternative Dispute Resolution and Intellectual Property Sections of the Orange County Bar Association. In addition to serving as a mediator, arbitrator and discovery referee with ADR Services, Inc., he also serves on the American Arbitration Association mediation, commercial and large, complex arbitration panels, and on the United States District and Bankruptcy Courts' mediation panels and on several state court panels and is a FINRA (formerly NASD) Dispute Resolution arbitrator.

Engaged in the private practice of law since 1977 with experience in both large and small firms, as well as a solo practitioner. Practice areas include business and commercial, intellectual property, real estate, antitrust, environmental and securities litigation and general corporate, real estate practice. In addition to the mediation experience listed below, other alternative dispute resolution experience includes: American Arbitration Association, Commercial Arbitrator (1993 to present) and Appeals Committee Reviewer, Policyholder Remediation Plan for Prudential Policyholders (1998-99); Orange County Superior Court, Civil Arbitrator (1993 to present); and NASD (formerly National Association of Securities Dealers), Arbitrator (2006 to present).

American Arbitration Association: Arbitrator (1993 to present) and Mediator (2002 to present); Orange County Superior Court: Civil Arbitrator, Mandatory Settlement Conference Officer and Small Claims Court Hearing Officer (1993 to present), Mediator (1998 to present) and Early Neutral Evaluator (2008 to present; United States Bankruptcy Court for the Central District of California: Mediator (1996 to present); Financial Industry Regulatory Authority (formerly NASD Dispute Resolution): Arbitrator (2006 to present); United States District Court for the Central District of California: Attorney Settlement Office and Mediator (2006 to present).

Columbia Law School J.D. with honors in international and foreign law 1977.
Columbia Journal of Transnational Law Member 1975-77 and Administrative Editor 1976-77; Columbia University International Fellow
Stanford University A.B. with distinction and departmental honors in political science 1973

Most successful mediators seem to share four common traits: flexibility, patience, perserverance and curioisty.

As to the first of these traits, I believe that each mediation has its own dynamics, and my approach to dispute resolution may perhaps best be categorized by what Jeff Krivis has described as "improvisational negotiation." In other words, I have no formulaic philosophy and tend to shift between evaluative and facilitative techniques guided by what my experience and "intuition" deem to be the appropriate approach in each situation.

In most mediations, I begin with an “open session” allowing the parties and their attorneys free reign to express their own thoughts and feelings, while encouraging them to propose their own solutions to the controversy. Usually, I then break into private caucuses to explore with each side not only what they feel would be a desirable outcome but also to express what they think may be the principal barriers to settlement and how those barriers may be overcome.

Statistical surveys have shown that most parties ultimately do want the mediator to evaluate the case, and drawing on my considerable experience as an arbitrator, mediator and business and litigation attorney, I will try to guide the parties towards what I feel may be a just and reasonable resolution of the dispute in the event that the parties are unable to resolve the matter themselves.

Hourly Rate: $450 for mediations or mediations for mediations conducted through the auspices of ADR Services, Inc. or the American Arbitration Association. Reduced fees are available for online dispute resolutions and court-annexed programs, pursuant to each court's policies.

“AV Preeminent” rating by Martindale-Hubbell. Listed in Who’s Who in America and Who’s Who in American Law. Further information is available through the attached resume. Also attached are several articles I have authored, as well an article about me that was published in the Daily Journal.

Paul Van Loon American Arbitration Association, former Regional Vice President Dean Zipser Orange County Bar Association, Past President Nicholas Yocca The Yocca Law Firm LLP Hon. Gregory Lewis Orange County Superior Court David B. Ezra Berge Kahn LLP John Sganga Knobbe Martens Olson & Baer LLP