Mediator Resume

Experienced trial attorney and neutral specializing in construction and surety law. Proficient in virtually all aspects of construction surety, including contract preparation and negotiation, delay claims, mechanics liens, project workouts, financing, and indemnity.

SMTD Law LLP - Office Managing Partner

Attorney, Arbitrator, Mediator

Office Managing Partner, SMTD Law LLP, 2018-Present; Commercial Division Chair, Sedgwick LLP, 2016-2017; Construction Practices Group Chair/Chair Emeritus, Sedgwick LLP, 1996-2015; Partner, Sedgwick LLP, 1989-1995; Associate, Sedgwick Detert Moran & Arnold LLP, 1983-1988; Associate, Steefel Levitt & Weiss LLP, 1981-1982; Associate, Chickering & Gregory LLP, 1978-1980.

Over 45 years of construction law experience, involved in all aspects of construction law on a state and national level, representing the full spectrum of the construction industry, from owners, contractors, subcontractors and sureties. Practice includes time-related claims and litigation (e.g., delay/impact), legal advice and counsel regarding the contracting process (e.g., bidding and contract disputes/performance bond claims), payment enforcement/defense (e.g. payment bonds/mechanics liens/stop payment notices), administrative and scope claims and litigation (e.g., differing site conditions, change and extra work orders/inadequate plans and specifications and subcontractor substitutions) and counseling and transactional services to the construction industry (e.g., general advice and counsel, including contract preparation, evaluation and negotiation). In addition, extensive experience in dispute resolution including litigation, trial, appeals, arbitration and mediation. Pride in being a hard-working “straight shooter.” Early in career, became a pioneer in construction law, being one of the first women attorneys to practice in the primarily male-dominated field. Through passion and unique intelligence, established a vital, nationwide practice involved in all aspects of construction law and a career marked by increasingly prominent leadership positions. Recognized as an innovator in legal problem-solving and as a thought leader who is a frequently published author and sought-after speaker for professional legal, construction and educational publications and organizations. Loves humor and thinks everyone is way too serious. Using all of the above to focus on serving as a neutral (arbitration, judicial reference, and mediation).

While practicing construction and surety law, participated in dozens of mediations as an advocate for contractors, specialty trade contractors, project owners, and sureties. Also, while a trial attorney, served as a mediator with the Los Angeles County Superior Court judicial mediation program. Since retiring from trial work as an advocate, conducted two-party mediations, both in person and via Zoom, batting 80%. Mediations included owner versus elevator contractor, surety versus bond principal/indemnitors, residential owner versus general contractor, subcontractor versus prime contractor, and owner versus design professional. Pepperdine Straus Institute of Dispute Resolution Mediation Training.

I follow the three Ps of mediation: Preparation, Patience, and Perseverance. I very much appreciate pre-mediation briefs/statements that are shared with the opposing parties and, if appropriate, confidential briefs just to me. I have pre-mediation conferences with all of the parties before the actual mediation hearing. Therefore, I do not have the parties put on presentations at the beginning of the mediation hearing. However, at the beginning of the mediation hearing with all of the parties and their counsel together, I advise the parties that my client is the settlement and, hence, I have no bias toward any party. I let the parties know that everything said to me is fair game UNLESS they confirm that any information is confidential—For Mediator Eyes/Ears Only. During the mediation hearing, I emphasize the risks, costs, and inconvenience of litigation (trial) and arbitration (evidentiary hearing). I advise parties that there is no value in my simply going back and forth with offers and counter-offers. Therefore, I will offer my evaluation of the strengths and weakness of the issues that the parties have raised as the basis of their dispute. I do insist that the parties explain in detail the basis for the dollars they demand or offer as to each component of the dispute. Because I was a trial attorney for over 40 years, I am able to explain, particularly to the parties versus their attorneys, the step-by-step rather excruciating process needed to prosecute a successful case to a judge, jury, or arbitrator. Because construction disputes are essentially business disputes, emotional issues typically do not play as significant role as in other types of disputes. Nonetheless, I try to be sensitive to any emotional issues that may be driving the parties’ approach to settlement.

Available for In-Person or Zoom Arbitrations and Mediations Successfully completed Clearbrief Academy, May 2025.

University of California, College of the Law, San Francisco (formerly Hastings) (JD, Order of the Coif, Thurston Society - 1978); Santa Clara University (BS, Magna Cum Laude - 1975).

Admitted to the Bar: California (1978).

American Bar Association, Forum on Construction Law (1983-Present), Marketing Committee Chair (2017-2020), Governing Committee (2014-2017), Chair - Law Student Writing Competition (2010-2021), Trial Academy Faculty (2018-Present), Fidelity & Surety Law Committee, TIPS - Chair (2003-2004); Associated General Contractors of California, 2008-Present; AGC of CA Legal Advisory Committee (2008-Present), Chair (2013); AGC of America Contract Documents Forum Member (2015-Present); U.C. Hastings College of the Law Alumni Board of Governors, Past President (2015-2019).

Panelist re Mediation (Western States Surety Conference 2025); Panelist re Mediation and Arbitration (ABA FSLC Spring Meeting 2024); Co-Editor: The Construction Project: Phases People Terms Paperwork Processes (ABA FSLC 2023); Co-Editor: The Surety’s Indemnity Agreement: Law and Practice, 3rd ed. (ABA FSLC 2022); Speaker and Article: Protecting Your Company’s Rights to Performance and Payment in the Bankruptcy Context (ABA Forum on the Construction Law 2022); Panelist: “OCBA Construction Law”, Orange County Bar Association Construction Law section webinar (2021); Speaker: “Contract Solutions”, Arcadis webinar (2021); Speaker: “7th Annual California Construction Law”, The Seminar Group live webcast conference (2021); Speaker: “Nightmare on Tender Street – Ethics Problems and Solutions for Tendered Defenses;” Surety Claims Institute (2018); Panelist: “Contract Interpretation: Insights Into Conflicts Arising From Drawings & Specifications,” WPL webinar, 2021; Panelist: “Differing Site Conditions: The Big Game of Shifting Risk.” WPL webinar, 2017 and 2021; Speaker: “Maze or Labyrinth: All of the Ways to Recover Attorney’s Fees in California Construction Litigation,” AGC of CA Legal Advisory Committee. 2017 and 2021Panelist: “Construction Law,” Orange County Bar Association Construction Law section webinar, 2021; Speaker: “Contract Solutions,” Arcadis webinar, 2021, Speaker: “7th Annual California Construction Law,” The Seminar Group live webcast conference, 2021; Speaker: “Nightmare on Tender Street – Ethics Problems and Solutions for Tendered Defenses.” Surety Claims Institute, 2018; Speaker: “Ten Commandments to Avoid Project Failures,” National Association of Women in Construction, Los Angeles Chapter, 2017; Panelist at Women in Construction, West Coast Conference, “Contractors’ Business Partners: Surety, Insurance, Accounting, Banking & Law,” 2017; Contributing author: “Differing Site Conditions,” Chapter 3 of Construction Contract Claims, Changes, and Dispute Resolution, American Society of Civil Engineers, Third Edition, 2016; Speaker: “Ten Commandments to Avoid Project Failures,” Sedgwick Construction Law Webinar Series, 2016; Speaker: Construction Financial Management Association Annual Conference, San Antonio, TX, “Women in Construction,” 2016; Speaker: “Bankruptcy, Abandonment and Surety Remedies,” California Construction Law Seminar, Santa Monica, CA, 2014; Faculty Member: “Construction Law Seminars,” Certified Senior Project Manager Series, SDC Associates, Los Angeles, CA and San Diego, CA, 2013; Speaker: “Hard Hats and High Heels: Women in Construction,” CFMA, San Diego, CA; Co-author: “Fundamentals of Construction Law, Second Edition,” ABA Forum on the Construction Industry. 2013; Co-author: “Termination for Convenience, It’s All About ‘Good Faith,’” Modern Contractor Solutions (2012); Speaker: “AIA A201 vs. ConsensusDOCS: A 10-Round Bout to Determine Which Is the Fairest Contract of Them All?” Construction SuperConference, San Francisco, CA, 2011; Speaker: “Hammers, Nails and Lipstick,” AGC-CFMA, Las Vegas, NV, 2011; Speaker: “Contract Litigation Insurance: A Game Changer or Not,” AGC of California Legal Advisory Committee, Dana Point, CA and WSSC, Seattle, WA, 2011; Speaker: “Curve Ball Issues Affecting the Surety,” Pearlman, Seattle, WA, 2011; Co-author: “Termination for Convenience: How Enforceable Is It?” The Voice, 2011: Speaker: “Killer Bond Forms,” HCC Surety Underwriters, Los Angeles, CA, 2011; Moderator: “Differing Site Conditions: The Big Game of Shifting Risk,” CMAA, Southern California Chapter, Long Beach, CA, 2011; Co-author: “FAR Business Ethics: The Basics,” Construction Executive, 2010.

California

Hourly Rate: Not provided Daily Rate: $12,000.00 Study Rate: Not provided Cancellation: Not provided Cancellation Period: Not provided Comment: All inclusive except travel out-of-pocket expenses and unless additional days of mediation hearing required.

English

United States of America

Los Angeles, California