Dog Bite Dispute
Facts: SoCal DRC settles a dog bite case involving neighbors wherein plaintiff and her husband gave some food to the next door neighbor’s dog and in which the dog caused injuries, including chipped tooth, to the face of plaintiff. The dog was a special needs dog for the defendant’s son and was alleged to be a good dog. Defendants contested liability claiming the dog never bit the plaintiff, that plaintiff was negligent for offering the dog food and that the plaintiff only suffered minor injuries. Plaintiff alleged the dog bit her in the face and sought over $75,000 in damages and defendants had yet to offer any money to settle the matter.
Approach: We established trust with the parties by discussing the case strengths and weaknesses for both sides and the practical realities of the case. The parties were able to work together in good faith to settle the matter and the neighbors agreed to set the dispute behind them and resume their healthy neighborly relationship once again.
Complex Dog Bite on Verge of Trial
Facts: SoCal Dispute Resolution Center settles a complex dog bite case where the parties were on the verge of trial and over $95,000 apart in settling the case. Plaintiff sought significant damages resulting from defendant’s dog attacking her and causing her significant injuries to her legs and shoulder. Defendant’s contended that Plaintiff’s injuries were a result of pre-existing and long standing rheumatoid arthritis and a subsequent unrelated assault occurring less than a year later.
Approach: We worked with the parties to understand the strengths and weaknesses of each case, went over plaintiff’s medical records and both parties’ medical expert reports in detail. The mediator and parties were able to develop a core level of trust and began to work together to arrive at a fair settlement.
Premises Liability Involving Major Studio
Facts: SoCal Dispute Resolution Center settles a three year old premises liability and negligence action involving a serious head injury to plaintiff while attending an award show at a world famous studio being broadcast by a top broadcasting network. An object hung by third party fell and struck plaintiff in the head causing serious injuries. Plaintiff sought a million dollars in damages from five named defendants. The parties were a half million dollars apart after three previously failed mediations and were on the verge of trial.
Approach: We worked with both sides to understand the case strengths and weaknesses of each party. Mr. Hamzeh earned the trust of the parties and enabled them to trust in the negotiation process resulting in a mutually agreed upon settlement.
Construction Dispute
Facts: The mediation involved two separate disputes between plaintiff and defendants involving (1) breach of construction contract claims pertaining to building of storage facility and (2) breach of third party fiduciary agreement and negligence claims regarding significant improvements to single family residence and a set aside of fraudulent conveyance of title to real property claim, among others.
Approach: The parties initially had little success in settlement discussions and were hundreds oaf thousands of dollars apart in monetary damages. We went through the factual and legal issues of the dispute and were able to better assist the parties in understanding their respective strengths and weaknesses of their cases.
We also addressed key underlying misunderstandings between the parties which assisted the parties in thinking about creative solutions to resolve the dispute. The parties ultimately settled the dispute by agreeing to a creative set of solutions and were able to shake hands and amicably move on from a long and costly dispute.
Unlawful Detainer Real Estate Dispute
Facts: Bitterly disputed and fought unlawful detainer action that arose in 2003 involving family members over a ownership interest rights in a piece of real estate property.
Approach: We went through the history of the facts with each party separately and determined that there were numerous misunderstandings regarding key issues. We also were able to determine numerous events that transpired throughout the history of the dispute that each party felt were hurtful which were based upon misunderstandings or failures by the other party to understand such frustrations. As the misunderstandings were cleared up, both parties began working together in a cooperative spirit allowing us to come up with numerous settlement terms that satisfied both parties’ concerns. The family was able to experience genuine healing, exchanged words of apology and regret and embraced with heartfelt hugs and tears of joy.
Wrongful Death Involving Traffic Accident
Facts: Wrongful death action involving a tragic car accident wherein a teenager was killed and the passenger survived. Action was brought by mother and surviving passenger. The driver had no car insurance and very little assets.
Approach: This was a very emotional and difficult case for plaintiffs (mother and surviving friend of deceased). This mediation involved facilitation and counseling. Through some creative suggestions offered by the mediator, the case was settled.
Personal Injury Dispute Involving Severe Traffic Accident
Facts: Personal injury action involving a severe accident injuring two passengers. Plaintiffs claimed tens of thousands in damages. Defendant denied the extent of the damages. The parties had failed to settle the matter in a previous mediation session before a retired judge and were on the eve of trial.
Approach: We went through the case facts and documents supporting damages. After extensive review of case strengths and weaknesses with both sides, the parties were able to settle the matter. The case started with more facilitative approach and ended with an evaluative approach with the mediator giving a final mediator’s settlement figure. Both sides agreed to it.
Breach of Contract and Fraud Commercial Lease Dispute
Facts: A breach of contract and fraud action involving a long term commercial lease involving medical facilities involving hundreds of thousands of dollars in damages. Tenant alleged fraud in the inducement of the contract because the facilities were not as represented. Landlord alleged breach of contract and tens of thousands of dollars for unpaid rent and resulting contractual penalties.
Approach: Worked with the parties to understand the underlying facts and contractual terms. Discussed strengths and weaknesses of case with both parties. In addition, determined that the parties’ animosity towards each other was roadblock in settling the matter. Upon working through different settlement options and the risks of proceeding with litigation, we were able to come up with a creative settlement acceptable to both parties.
Wrongful Death Construction Dispute
Facts: A wrongful death action involving the death of a construction worker that was hit by a large construction vehicle while working on site. There were no witnesses to the death and defendants claimed comparative negligence. The deceased had a wife and three young children. Numerous parties were a part of the action. Ten expert depositions had been taken and several more were scheduled to be taken. After spending lots of money mediating the matter with a retired judge, the parties still had a $4 million dollar gap to settle the case.
Approach: Learned and discussed the strengths and weaknesses of each case with each party. Determined what each party was privately willing to accept for a realistic and actual settlement that day. Upon discussing a variety of settlement solutions, the matter settled leaving both sides feeling satisfied.
Breach of Contract Involving Unpaid Attorneys Fees
Facts: The action involved a breach of contract claim by an attorney that had provided representation to a client for unpaid fees. In addition, the client brought an action for malpractice against the attorney. The action was bitterly disputed and was on the verge of trial. Previous settlement attempts had failed.
Approach: Upon discussing the case with the parties, we discovered that the dispute arose out of a miscommunication that occurred between the parties which had never been sufficiently examined and cleared up. The animosity between the parties disappeared after clearing up the misunderstanding between the parties.
This not only led to a settlement between the parties but also a reconciliation ending with an exchange of apologies and a handshake.