Conflict Resolution Services

My conflict resolution services consist of mediation and arbitration services in person throughout California and the Western United States and online worldwide.

Mediation Approach

I use a mix of facilitative and evaluative approaches depending on the situation and the parties’ desires. In caucuses, we confidentially and constructively explore the strengths and weaknesses of the parties’ cases, the best and worst and most likely alternatives to a negotiated agreement, the risks faced by each party if there is no settlement, and the costs of proceeding through trial. I like to get to know the parties and hear their perspectives. I work with the parties to creatively brainstorm ideas and solutions and their initial settlement demands or offers and their later settlement moves with them, to help the parties reach a resolution that they can all accept. This may include business solutions as well as money demands and offers.

I prepare intensively in advance of each mediation session. I believe in outside-the-box approaches and relentless follow-up. My private mediation fees are charged on a flat fee basis: $3,000 for a half-day conference and $6,000 for a full-day conference.  There is no charge for follow-up unless a new session is needed.

Arbitration Approach

I conduct hearings with a firm and fair hand, trying for innovative and streamlined ways to receive evidence with a minimum of duplication and undue expense to the parties, to achieve a fair, efficient and economical resolution of their dispute. I believe in early disclosure of witnesses and exhibits to be used at trial. I encourage parties to engage in minimal levels of deposition discovery to achieve the cost savings the parties presumably hoped for when they chose arbitration. At the close of fact discovery the parties disclose expert opinions and damages. I allow the parties to use declarations of witnesses and experts, or expert reports, in lieu of direct testimony, as long as the witnesses appear at the Final Hearing for cross examination and re-direct. I encourage the parties to utilize published and time-tested arbitration rules. I will draft reasoned opinions when the parties request them. My arbitration services include all prep time and hearing time at $600 per hour. Travel charges to be agreed upon depending on the location.

Additional Information

I conduct pro tem judge assignments on a volunteer basis and serve on several court and bar associations and other panels on a volunteer or pro bono or reduced fee basis to which the above rates will not apply. On such matters, I will charge, if at all in accordance with the panel’s rules.

Scheduling Inquiries

For scheduling inquiries, please call (650) 351-2321 or complete the contact form on this page. Frank Burke conducts mediations and arbitrations in San Francisco, Oakland, Silicon Valley, and throughout California.

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201 Spear Street, Suite 1100
San Francisco, CA 94105

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