Mediation Services

Ben Hamburg provides mediation services in all areas, with a special emphasis on real estate, business and employment.


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)

Mediation philosophy 

Anyone who has been involved in litigation knows that it is always more time consuming and more emotionally draining than anticipated. 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.

I utilize my strengths of patience, persistence, credibility, and over 35 years of “real-life” litigation and mediation experience to help the parties come to a resolution. Being an effective mediator means being respectful, actively listening, and combining a mix of empathy with the reality of litigation so that the parties feel their positions have been considered, and that they have not just been forced into a settlement.   Settling a matter alone is not the sign of a successful mediation; if one or both of the parties reasonably feels that the system has failed them because they did not get heard, then I feel I have failed as a mediator.  Perhaps that is why in the vast majority of my mediations, both parties walk away grateful that they settled, and thanking me for helping to resolve their dispute. 


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, Zacks & Freedman (Settlement of construction defect/failure to disclose multi-party lawsuit)

Mediation Training

As an attorney, I have been involved in well over 300 mediations and settlement conferences over the past 35 years. Additionally, I have mediated over 200 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. Alameda 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.  I am a member of the Board of Directors of The Mediation Society, an invitation-only organization comprised of trained and experienced mediators.


Well done, Ben, and thank you, you were wonderfully forceful—just what was needed.”
— Mary Swann (Settlement of real estate commission dispute)

references

Business disputes

  • John Worden (Schiff Harden, SF)
  • Robert Berger (Schiff Harden, Chicago)
  • Jotham Stein (Chicago and Menlo Park)
  • Hon. Judy Craddick 
  • Sara Taylor
  • Hon. Laurel Brady
  • Eric Nyberg (Kornfield Nyberg)
  • Richard Bowles (Bowles Verna)
  • Robert Lawrence (Bjork Lawrence) 

Real Estate and Construction

  • Richard Bruno (Gordon Watrous) 
  • Hon. Judy Craddick 
  • Lawrence Goldberg (Bowles Verna) 
  • Andrew Brimmer (SSL Law)
  • George Yuhas (Orrick) 
  • Ryan Meyer (Green Hall)
  • Fred Feller (Buresh Kaplan) 
  • Andrew Zacks (Zacks Freedman) 
  • Scott Freedman (Zacks Freedman) 

Employment

  • Jean Hyams (Levy Vinnick) 
  • Sonya Smallets (Minnis Smallets)
  • Stephen Henry
  • Laurence Masson
  • Phillip Kossy (Procopio)
  • Nancy Pritikin (Littler)
  • Alison Hightower (Littler)

Additional References Upon Request