Mediation is an informal, confidential process in which a neutral party (the mediator) assists the parties in understanding their own interests, the interests of the other parties, and the practical and legal realities they all face. The mediator then helps the parties to explore options and arrive at a mutually acceptable resolution of the dispute. The mediator does not decide the dispute. The parties do.

Mediation may be appropriate when:

• The parties want a non-adversary procedure
• The parties have a continuing business or personal relationship
• Communication problems are interfering with a resolution
• There is an emotional element involved
• The parties are interested in an injunction, consent decree, or other form of equitable relief
• The law does not provide an appropriate remedy
• The parties want privacy

Remedies provided by a court judgment are limited by the applicable law. The result is public. Through mediation, the parties may obtain the relief they most desire-an apology, letter of reference, a job, a licensing deal, a buy-out, a nondisclosure agreement- a private resolution that they can live with, which may not be available from the court.

Suzanne K. Nusbaum blends her judicial experience with advanced mediation training from the World Intellectual Property Organization to provide non-directive, party-driven mediation. She believes that mediation is not about "arm twisting" or other coercive settlement techniques, but rather about empowering and assisting the parties to resolve the dispute in a way that satisfies their own needs, interests, beliefs, and goals.Contact us to schedule a mediation session.
 

 

Arbitration is a process in which the neutral (the arbitrator) decides the dispute after hearing the evidence and arguments of the parties. The parties can agree to binding or non-binding arbitration. Binding arbitration is designed to give the parties a resolution of their dispute when they cannot agree by themselves or with a mediator. If the arbitration is non-binding, any party can reject the arbitrator's decision and request a trial.

Arbitration may be appropriate when:

• The action is for personal injury, property damage, or breach of contract
• Only monetary damages are sought
• Witness testimony, under oath, is desired
• An advisory opinion is sought and the facts are disputed (if a non-binding arbitration)

The Court provides judicial arbitration services. See Santa Clara County Superior Court Santa Clara County Superior Court local rule 4.

The parties may also agree to submit their dispute to Private Arbitration administered by an ADR provider such as the WIPO (the World Intellectual Property Organization) or NAF (the National Arbitration Forum). Both WIPO and NAF require the arbitrator to be independent and faithfully apply the law to facts impartially found. Their rules allow injunctive relief, as well as a monetary award. You may satisfy your court ADR requirement by requesting WIPO or NAF to appoint Suzanne K. Nusbaum as your private arbitrator.

Suzanne K. Nusbaum is a seasoned arbitrator with more than thirty years of litigation and judicial experience. Contact us.

 

 

Neutral evaluation is an informal process in which a neutral party (the evaluator) reviews the case with counsel and gives a non-binding assessment of the strengths and weaknesses on each side and the likely outcome. The neutral can help parties to identify issues, prepare stipulations, and draft discovery plans. The parties may use the neutral's evaluation to discuss settlement.

Neutral evaluation may be appropriate when:

• The parties are far apart in their view of the law or value of the case
• The case involves a technical issue in which the evaluator has expertise
• Case planning assistance would be helpful and would save legal fees and costs
• The parties are interested in an injunction, consent decree, or other form of equitable relief

Suzanne K. Nusbaum has received specialized technical training in health care adjudication. She is a respected jurist, nominated, and reappointed to adjudicatory positions in two states. She has significant case management expertise gained from her years of judicial service. Contact us.  

Special master and referee is a neutral party who may be appointed by the court to obtain information or to make specific fact findings that may lead to resolution of a dispute.

Special masters and referees can be particularly effective in complex cases with a number of parties.

From her years as an administrative law judge and as a workers' compensation commissioner, Suzanne K. Nusbaum gained considerable experience in managing multi-party litigation with insurance coverage or apportionment issues.  Contact us.

Settlement conferences are informal processes in which the neutral meets with the parties or their attorneys, hears the facts of the dispute, and normally suggests a resolution that the parties may accept or use as a basis for further negotiations.

Settlement conferences can be effective when the authority or expertise of the neutral may help the parties reach a resolution.

From fifteen years on the bench, specialized training in health care adjudication, and an LL.M. in intellectual property law, Suzanne K. Nusbaum brings considerable expertise to the settlement of accident, injury, employment, health care, and intellectual property disputes.