Conflict Resolution Services


My conflict resolution services include acting as a mediator and arbitrator in complex commercial disputes, available in person throughout the San Francisco Bay Area, Sacramento, Southern California, and across the United States, as well as online worldwide.

Mediation Approach

I use a mix of facilitative and evaluative approaches depending on the situation and the parties’ needs. In caucuses, I confidentially and constructively explore the strengths and weaknesses of each party’s case, the best, worst, and most likely alternatives to a negotiated resolution, the risks of proceeding without settlement, and the costs of continuing through trial.

I work to understand the parties’ perspectives, motivations, and objectives, and assist them in developing and evaluating settlement options, including both financial and business solutions, as negotiations evolve.

I prepare thoroughly in advance of each mediation session and focus on practical, creative approaches to resolving disputes. I follow up consistently after the session when needed to help the parties reach a durable resolution.

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 and actively manage proceedings to maintain efficiency while ensuring that each party has a full and fair opportunity to present its case. I use streamlined and practical approaches to the presentation of evidence to minimize duplication and unnecessary expense, with the goal of achieving a fair, efficient, and economical resolution.

I encourage early disclosure of witnesses and exhibits and support focused deposition discovery consistent with the efficiencies parties seek in arbitration. At the close of fact discovery, the parties disclose expert opinions and damages analyses.

I permit the use of witness declarations and expert reports in lieu of direct testimony, provided that witnesses appear at the final hearing for cross-examination and redirect. I encourage the use of established arbitration rules and issue reasoned awards when requested.

My arbitration services are billed at $600 per hour and include preparation and hearing time. Travel charges are addressed separately depending on the location.

Additional Information

I serve on pro tem judge assignments and participate in court and bar association panels, as well as other volunteer, pro bono, or reduced-fee matters. In such cases, fees are determined in accordance with the applicable panel rules.

These services include mediating and arbitrating complex commercial disputes across a wide range of industries.

Scheduling Inquiries

To contact Frank Burke to schedule a mediation or arbitration, please call (650) 351-2321 or use the contact form on this page. All inquiries are handled promptly. Frank Burke conducts mediations and arbitrations in the San Francisco Bay Area, Sacramento, Southern California, throughout the United States, and Online Worldwide.


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Location

315 Montgomery Street, Suite 900
San Francisco, CA 94104

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(650) 351-2321