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Alternative Dispute Resolution Services

Alternative Dispute Resolution Services


Turitz Dispute Resolution provides arbitration, mediation, and negotiation training for companies & individuals in business disputes.

Contact Gilda to discuss mediation or other forms of alternative dispute resolution services, and check her availability here.

Arbitration


Arbitration is a well-established form of alternative dispute resolution (“ADR”) that is utilized when the parties have an arbitration clause in their agreement or if they agree when a dispute arises between them to submit that dispute to an arbitrator, rather than litigate in court.  For commercial disputes, typically business to business (B2B) or between owners of a business, arbitration provides many advantages such as the parties’ ability to choose decision-makers who have subject matter expertise or certain experience; flexibility and control over procedural aspects; privacy and, where agreed, confidentiality; and cost controls and quicker time to hearing, in a well-managed process.

Gilda’s arbitration experience of commercial, securities and other cases spans over 30 years.  Her arbitrations encompass a broad spectrum of types of cases and industries. They include, among others, disputes involving partners, shareholders of closely held corporations and LLC members (“business divorces”); franchises; purchases and sales of businesses; secured and unsecured loans and guaranties; business valuations; real estate property sales; commercial leasing; mortgage lending and securitization; importation; distributorships; manufacturing contracts; sales commissions; banking loan participations; theft of trade secrets; non-competition clause enforcement and unfair competition claims; and accounting claims.  Insurance coverage disputes have concerned CGL, reinsurance, and crop insurance policies.

Industries include banking and financial services; securities and investments; professional services, including legal and consulting services; commercial and residential real estate sales, leasing and development; agriculture; oil and gas; alcoholic beverages; food production; hospitality, including restaurants; automobile, motorcycle, and parts businesses; manufacturing; telecommunications; technology; and software.

Arbitration Panels

  • American Arbitration Association
    • National Commercial Arbitration
    • Large, Complex Cases
    • Mergers & Acquisitions
  • International Institute for Conflict Prevention and Resolution (CPR) Panel of Distinguished Neutrals
    • California ADR Panel
    • Banking, Accounting and Financial Services Panel
  • Consumer Arbitration Program for Motor Vehicles (CAP-Motors)
  • U. S. District Court, Northern District of California

Representative Cases Arbitrated

  • Arbitrated claims for misappropriation of corporate opportunity concerning mezzanine loan by EB-5 investors in major commercial real estate project
  • Arbitrated claims concerning termination of and claimed right to renewal of restaurant franchise
  • Arbitrated law firm’s claims against former client for non-payment and counterclaims
  • Arbitrated claims concerning sale of customized software
  • Arbitrated claims between insurer and broker on termination by broker of relationship
  • Arbitrated claims concerning valuation of shares in closely held start-up energy company
  • Arbitrated claims and counterclaims arising from the financing of a motorcycle business and inventory
  • Arbitrated multimillion-dollar claims arising from the termination of a wine and spirits distributor
  • Arbitrated claims arising from trading of virtual currency (Bitcoins) on auction site
  • Arbitrated multimillion-dollar claims involving alleged fraud, breach of fiduciary duty and breach of contract arising from a bank’s purchase of participations in real estate development loans from the lead lender
  • Arbitrated complex breach of fiduciary duty and fraud claims between co-managers of an oil and gas business involving over $25 million in claimed damages and $50 million in securities held in trust
  • Arbitrated through award over 150 investor claims of misrepresentation or unsuitability in sale of limited partnership interests arising from the settlement of SEC v. Prudential Securities
  • Arbitrated claims arising from the sale of restaurant business involving secured collateral and guaranties
  • Arbitrated claims arising from motor vehicle financings
  • Arbitrated contract claims alleging non-performance on agreement for purchase of floral business

Mediation


Mediation is an informal negotiation between parties in a conflict that is facilitated by an impartial third party, with the goal of reaching a mutually agreeable resolution.  Mediation of commercial cases has become a preferred alternative process to bring parties to settlement, whether formal litigation or arbitration proceedings are pending or yet to be filed.

Gilda’s success in serving as a neutral mediator for more than 20 years is founded in extensive formal mediation training and her over 30 years of experience and insights as an attorney litigating complex commercial matters and negotiating settlements, directly or through mediation, of hundreds of complex and high-value litigation cases.  Such disputes were across many industries, often involved multiple parties or stakeholders, and frequently had high emotional content for the parties.

Gilda is a CEDR-certified mediator and she serves on mediation panels of the American Arbitration Association, CPR, the International Trademark Association (INTA), the U.S. District Court (N.D. Cal.), and Bay Area state courts.

Representative Cases Mediated

  • Mediated settlement of an accounting malpractice claim for over $100 million brought by lenders against auditors after demise of an agricultural borrower, including fraud allegations
  • Mediated settlements of securities claims concerning alleged broker misrepresentations or omissions and lack of customer suitability in sales of limited partnership interests and other assets
  • Mediated claims for contributions between insurers on overlapping covered risks (underlying personal injury and other tort claims)
  • Mediated settlements of alleged wrongful foreclosures in residential mortgage lending, including Truth in Lending Act, RESPA, and other federal and state statutory violations, against lenders, loan servicers, brokers and escrow agents
  • Mediated settlement of federal court consumer class action against a retailer alleging statutory violations of the Song-Beverly Credit Card Act for collection of personal information
  • Mediated contract claims arising from alleged non-performance of architectural and design services contract and non-payment counterclaims
  • Mediated Americans with Disabilities Act claims concerning hotels and restaurants, resolving injunctive relief, damages and attorneys’ fees issues

Mediation Philosophy and Style

Gilda strongly believes in the parties’ rights to control the outcome of their conflict and in the mediation process seeks to empower them to reach mutually agreeable terms to resolve their dispute, in a constructive and trustful environment.  To optimize the opportunities for resolution, she adapts her approach in any given mediation, considering the substantive issues presented, the dispute’s procedural posture, and the inter-personal dynamics of the parties and their counsel.  Gilda consults with counsel before mediation about the process to optimize how time will be spent in the mediation, and encourages active participation by the clients during the process.

Gilda’s mediation style is necessarily adapted to the parties’ sensitivities and unique circumstances and needs.  To maximize productive communications for the parties’ negotiation, she is flexible about whether to meet in joint sessions as well as utilizing private meetings with each side.  To that end, whether her style tends to be “facilitative” or “evaluative” in any given mediation depends on the particular case and the dynamics during the mediation itself.  In all mediations, Gilda actively engages the participants in reality-testing and discussions of the merits, risks, likelihood of success, continued costs and impacts on their businesses or individual circumstances in the absence of settlement, and other concerns that factor into the parties’ decision-making about reaching a resolution.

Early Neutral Evaluation


Early Neutral Evaluation (“ENE”) is a process by which an experienced, neutral attorney provides a candid assessment to the parties of the merits of their claims and defenses after presentations by both sides and review of relevant evidence and legal authorities. The assessment process may be combined with settlement or case management negotiations if both parties agree. Gilda has served as an ENE evaluator of commercial cases in federal and California state courts for 20 years. Gilda is available to conduct ENE sessions through court panel appointments or privately for parties who stipulate to the process.

Discovery Referee Services


Gilda is available to serve as a discovery referee in commercial cases where the parties either stipulate to or a court orders the appointment of a referee. Gilda’s extensive experience as a business trial lawyer litigating cases in both federal and California state courts has informed her pragmatic approach to deciding discovery issues. In most cases when serving as the chair of a three-arbitrator panel for a case, Gilda also assumes the role of discovery referee in the case. As an arbitrator, Gilda has extensive experience managing the discovery process to ensure a fair and efficient exchange of information necessary for each side to prepare its case, as well as efficiently deciding any discovery disputes that arise.

ADR Advising Services


Gilda has drawn on her extensive experience, both as a neutral arbitrator and mediator, and as a long-time consumer of ADR services as an advocate for litigating clients, to assist parties in selecting the type of dispute resolution procedures well suited to their particular circumstances. Among other consulting services, Gilda is available to participate in a mock arbitration hearing to assist parties in evaluating the merits of their case for presentation to an appointed arbitrator or mediator; to evaluate and assist in designing possible forms of ADR for a present dispute; and to assist with clause drafting and designing a process for a future dispute.

Negotiation Training


Gilda provides tailor-made negotiation training to companies and groups, building on her extensive experience as a mediator of commercial disputes and on her over 30 years of negotiating agreements for clients ranging from individual entrepreneurs to global companies.

Contact us to discuss any of Gilda’s services, check her calendar for availability, or request more information.

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