David Laufer

David Laufer

David Laufer, Esq., is the founder of Dispudiate® ADR Services. Mr. Laufer most recently served as general counsel of a public company where he was in charge of all insurance matters, risk management, regulatory compliance and litigation. While a senior partner in  a large California law firm he served on the audit, compensation and risk management committees as an independent director of a public company. His ADR Practice focuses on litigation and arbitration involving insurance coverage, franchise claims, manufacturer, distributor, licensor, licensee litigation and buyer breach of warranty claims against sellers of businesses.  He graduated from Loyola University School of Law (Los Angeles) and has practice law in California since 1968. He teaches “Current Legal Mediation Practice Issues for Lawyers and Mediators” at UCSB.

 




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Articles and Video:

The Mediator's Checklist (11/27/13)
Preparing a Mediator’s Check List (“MCL”) of Key Legal and Factual Issues will assist the Mediator to focus on the issues she must master during the Mediation Process (“MP”) to facilitate a voluntary settlement of the dispute.

Tender the Lawsuit to the Insurer (10/25/13)
This article walks through what steps you should take if your client is sued for wrongful conduct. Is this an appropriate time to ask for a neutral? Is this an opportunity to mediate?

How To Prepare For Mediation: The Mediator’s Check List Of Key Legal And Factual Issues (09/16/07)
Preparing a Mediator’s Check List (“MCL”) of Key Legal and Factual Issues will assist the Mediator to focus on the issues she must master during the Mediation Process (“MP”) to facilitate a voluntary settlement of the dispute. Specifically, using the MCL with help the Mediator identify and gain a better understanding of the important issues to discuss during the pre-mediation conference. Also, by completing the MCL, the Mediator will be more confident in directing Counsel’s attention to the important legal and factual issues they need to review with the Disputants. Lastly, the MCL emphases the importance of sharing accurate and non- privileged information with all participants in the MP. By encouraging (and in some instances directing) the Disputants to exchange accurate information, the Mediator sets the stage for a successful MP. The discussion which follows is a summary of rules governing the MP that may be useful in dispute resolution, litigated cases and court annexed mediations.

From David Laufer (08/30/07)
Mediate.com was one of the first organizations to recognize that Mediation had been transformed from lawyers and judges settling cases to a separate discipline achieving a new professional designation-The Mediator. Your Website provides a treasure trove of shared experiences, publications and "how to advice" used by mediators making the transformation from adjudicative dispute resolution to the collaborative forms of dispute resolution. As one who resolves disputes in both adjudicative and collaborative fora and who teaches Mediation at UCSB Extension, I advise my students to go to Mediate.Com to learn about the important developments in the Mediation Profession. Many years of continued success and thanks for the labor of love that has contributed so much to the Mediation Profession. Best regards and many thanks to your support team as well.

Directors & Officers Insurance: How To Mediate The Allocation Of The Loss Between Covered And Uncovered Claims Under The Relative Exposure Clause (01/15/07)
The Relative Exposure Clause (“REC”) found in Directors & Officers Insurance Policies (“D&O”) imposes a duty on the Insured and Insurer to arrive at a fair and proper allocation of defense and indemnity costs (“The Loss”) between covered and uncovered claims set out in a third party lawsuit or demand for money( The Suit).