News and Events

Fisher Featured in
Daily Journal's
Verdicts & Settlements
(printable version)

New ABA Real Property Trust & Estate Spring Symposia
May 6, 2010, Philadelphia
Paul is speaking on Estate Conflict Management

Estate Conflict Management workshop to be presented throughout CA. What gets hackles up more than family money? The workshop deals with this issue from the client's perspective: Preserving assets, providing security, bringing families peace; and from the attorneys' perspective: more client referrals through greater client satisfaction.

"Fisher is quite exceptional."
"High energy, wonderful."
"The feedback from members was overwhelmingly positive."
"Entertaining and enlightening."
More workshop information.

Law firm Trusts & Estates Litigation Departments throughout California

New "Exception to Mediation Confidentiality: Claims by Client Against Their Attorney" (November, 2009)

Mediation counsel beware! Applying excessive pressure on your client to settle a mediated case at mediation might result in you being your client's next target. In addition, the communications between you and your client immediately preceding and during mediation will not be excluded as attorney-client privilege or by mediation confidentiality in a malpractice claim and trial brought against you by your client. This is a case of first impression.
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Honors Negotiation

Fall/Winter 2009-2010
Adjunct Professor
Straus Institute For Dispute Resolution
Pepperdine University School of Law

New Two of Paul's students came in 1st place at the ABA Regional Negotiation Competition held at BYU, November '09. These extraordinary students were in a field of 24 teams from 12 law schools from throughout the South West. These two students will compete at the ABA Negotiation Competition National Finals to be held at the ABA Mid-Year meeting, Orlando, February, 2010. The students and Paul are grateful for the amazing assistance provided by the guest instructors who gave so generously of their time and wisdom.

Paul Fisher has resolved many hundreds of disputes as Mediator since 1986, and has heard hundreds of cases as Arbitrator since 1978. Paul has been a full time neutral since 1991. From 1971 until 1991, he was in a litigation practice specializing in complex real estate, business and construction disputes. He is an adjunct professor of law at the Straus Institute for Dispute Resolution, Pepperdine University. In 2001 Paul was named to the Distinguished Panel of Neutrals of New York’s CPR International Institute for Conflict Prevention & Resolution. In 2002 he received the Los Angeles County Board of Supervisors Award for Case of the Year. Recognized as a Southern California Super Lawyer in the area of mediation in 2007, 2008 and 2009. Paul is a nationally published author, and frequent speaker. He continuously develops his expertise by participating in national advanced mediator conferences annually with the CPR Institute, the International Academy of Mediators and The Masters Forum. Clients have commented, in a letter to Judge Bobb, “Please accept my enthusiastic suggestion that parties in highly complex business and employment litigation should be directed to consider utilizing Mr. Fisher. He was terrific.” Others have commented, “You are truly a super-star”, and “As a mediator myself, I can say -- you are a mediator’s mediator!”

Counties served: Los Angeles County, Orange County, Ventura County, Santa Barbara County, San Diego County, Riverside County, San Bernardino County, Fresno County, Kern County, Monterey County, Sacramento County, San Francisco County, Marin County, San Mateo County, Sonoma County, Napa County, Contra Costa County, San Luis Obispo County and Tulare County.

Legal Career & Prior Experience

• Distinguished Panel of Neutrals, CPR International Institute for Conflict Prevention & Resolution
• International Academy of Mediators - Harvard conference 2006, discussion leader
• Special Master, U.S. District Court, Central District of California
• Mediator, Los Angeles Superior Court - Probate Panel
• NASD Dispute Resolution, Panel of Mediators
• 1971-1991 litigation practice specializing in complex real estate, business and construction

Professional Affiliations & Education

• Fellow, International Academy of Mediators, participant in semi-annual conferences
• Pepperdine University School of Law, Strauss Institute for Dispute Resolution, Masters Forum, participant and session leader
• International Academy of Mediators - Harvard conference 2006, discussion leader.
• CPR International Institute for Conflict Prevention & Resolution, Distinguished Panel of Neutrals and conferences participant
• Co-Chair ABA Committee on Emotional and Psychological Issues in Estate Planning
• ABA Probate and Fiduciary Litigation Committee
• L.A. County Bar Association, active participant
• Juris Doctor, University of San Diego, School of Law, 1969
• Bachelor of Arts, California State University, Northridge, 1966

ADR Specialization

• Complex Real Property / Real Estate
• Complex Business / Contracts
• Highly Emotionally Driven Disputes
• Construction Defect
• Trusts, Estates, Probate Disputes, Elder Law, Conservatorships and Estate Conflict Management
• Insurance coverage

Publications

Quoted in Wall Street Journal article, "Lights, Camera… Last Words", December 3, 2009.

Enforceability of Agreements Reached During Mediation

"The Rule of 3 Ns: Written Settlement Agreement Reached During Mediation Held Not Admissible and Not Enforceable When Not Signed By All Parties" (December, 2008)

"Avoiding Enforceability Problems of Mediation Settlement Agreements" (January, 2008)

"Are Magic Words Necessary to Make Enforceable a Memorandum, Term Sheet or Letter of Intent Signed at a Mediation?" (January, 2007)

"MSJ Granted to Enforce Settlement Agreement Entered at Conclusion of Mediation, Where the Agreement Was Not Signed Personally by All Parties" (January, 2006)

"When Is A Memorandum of Understanding Not Enforceable?" (June, 2005)

Enforceability of Mediation Provisions

"Failure to Mediate Leads to Remediation of Moldy Delusional Dispute" (October, 2009)

"Award of Attorney Fees Affirmed Where Mediation Requested After Suit Filed "(November, 2006)

"Cal.Ap. Bars Attorney Fees To Prevailing Party Who Refuses To First Mediate" (March, 2005)

Mediation Confidentiality

"Exception to Mediation Confidentiality: Claims by Client Against Their Attorney" (November, 2009)

"Cal Ap Defines What Conversations Between Attorneys Are, and Are Not, Protected by Mediation Confidentiality" (July, 2007)

"Changes in Mediation Confidentiality", ADR Edge, June 2000.

Estate Conflict Management series

"Conflict Management in Family Inheritance Wars" (May, 2008)

"There Has To Be A Better Way: The Value in Managing Estates Conflict" (July, 2008)

"Is There More To Life Than Death, Taxes and Post Mortem Financial and Emotional Grief" (August, 2008)

"Benefits of Addressing Conflicts During the Estate Planning Process" (September, 2008)

"Is Addressing Potential Conflicts During The Estate Planning Process a Pre-Emptive Strike Or a Can of Menacing Worms?" (November, 2008)

"The Golden Window of Opportunity: When to Successfully Address Estates Conflicts" (January, 2009)

"Benefits and Disadvantages of Addressing Trusts and Estates Conflicts at Different Times on the Estate Planning Continuum" (April, 2009)

"Legal and Ethical Requirements of a Meeting to Resolve or Manage estates Conflicts" (May, 2009)

"Mediums to Invoke a Peaceful Means to Your Estate Planning Client's End" (June, 2009)

"Take-Aways: Parting Words to Keep Conflict Apart from Those Parting Ways" (September, 2009)

General Interest

"Representing Clients in Difficult Economic Times" (February, 2009)
Full length | Quick read

Tools For Negotiators: "Beyond Reason - Using Emotions as You Negotiate" Book Review. (July 2006)

"Late Summer '05 Intellectual Entertainment: Mediation Confidentiality, Ethics and Public Policy" (September, 2005)

"Early Case Management" (June, 2004)

"Case Management as an Institutional Force" (June, 2004)

"Conflict Wisdom" (periodically updated)

"Preparation Emphasizes What Clients Don't Want To Hear", Alternatives, CPR (Center for Public Resources) Institute for Dispute Resolution, April 2002.
Also published as Chapter 20, Mediation: Approaches and Insights, Juris Publishing, 2005

"Avoiding Impasse in Mediation -- A Critical Checklist For Mediation Counsel", Alternatives, CPR (Center for Public Resources) Institute for Dispute Resolution, May 2001.
Also published as Chapter 24, Mediation: Approaches and Insights, Juris Publishing, 2005

"California Supreme Court Affirms Arbitrators' Awards Denying Attorney Fees: Impact on Attorneys' Decisions to Arbitrate or Not?" (2000)

"All You Need to Know About Mediation But Didn't Know to Ask -- A Parachute for Parties in Litigation"
Business Law News, the State Bar of California, Business Law Section, Fall 1998
Also published in Alternatives, CPR (Center for Public Resources) Institute for Dispute Resolution, March 1998.
Also published as Chapter 28, Mediation: Approaches and Insights, Juris Publishing, 2005

"Creative Mediation Design," Los Angeles Lawyer, May 1995.

"How to Successfully Mediate a Case: Tips to Attorneys and Mediators," reprinted in Alternative Dispute Resolution NEWSALERT, 1993, Arbitration Journal, 1991.

"Mediation Advocacy Tips", ADR Edge, Spring 1999.

"Mediation: What's In It For Litigators", ADR Edge, Spring 1999.

"Judicial References: Choice is Everything", ADR Edge, Spring 1999.

"Report on Judicial Utilization of ADR," to Los Angeles Superior Court Alternative Dispute Resolution Committee, August 1996.
Co-Authored with Judge Frances Rothschild.

"Mediation Benchbook," 1994.

"How Attorneys In Mediation Face The Conflict Of Keeping The Client Happy Versus The Need To Discuss The Hard Issues -- Or, How to Succeed in Mediation Without Losing Your Client", pending publication.

ADR EDGE, a periodic abstract of developments in Alternative Dispute Resolution.

"Courts Refuse to Overturn Arbitrator Awards on Attorney Fees", Los Angeles Daily Journal, Oct. 25, 2000.

Faculty

Adjunct professor of law, The Straus Institute for Dispute Resolution, Pepperdine University. Guest lecturer at Loyola Law School. Current courses offered. He has served as faculty in innumerable ADR programs before Bar Associations, law firms, Estate Planning Councils, Annual Arbitration/Mediation Day Conferences, and the American Arbitration Association.

Professional Affiliations

Licensed to practice law before the Supreme Court of the United States and the Supreme Court of California, U.S. District Court, Central District of California.

International Academy of Mediators - Fellow

ABA Committee on Emotional and Psychological Issues in Estate Planning

Los Angeles County Bar Association, real property, construction, litigation, labor and employment section. Business & Corporations, Trusts & Estates. Participant, Los Angeles Superior Court ADR Committees.

Awards/Honors

Fisher Featured in Daily Journal's Verdicts & Settlements

Los Angeles County Board of Supervisors Award for Case of the Year, 2002.

Recognized as a Southern California Super Lawyer in the area of mediation in 2007, 2008 and 2009.

biographical  attorney references  contact  library  awards/honors  training courses offered  processes available 
pre-process conference  cartoons

Copyright 2009 by Paul Fisher