Attorney John Blumberg is a professional mediator. He describes mediation as a process in which the parties themselves participate and decide how the conflict will be resolved, rather than having the solution imposed upon them by a judge or arbitrator. "One advantage of mediation over going to court is power. When you use the trial system, you surrender your power to a third party to make a decision. The result of this surrender is like a roulette wheel--winner takes all. And like a roulette wheel, 'round and round the lawsuit goes; where it stops, nobody knows.'"

Mediation is a private, informal way to discuss problems and reach agreements. John Blumberg's job as mediator is to help all sides create a solution that will be mutually acceptable. This is not accomplished by telling the parties what to do. Rather, he has been trained to facilitate, which gives each participant the opportunity to be heard. He provides a safe environment in which to explore the issues and focus the discussion in a way that will produce results. "It is in this setting that frustrations and sometimes emotional positions are brought to the surface and discussed. Sometimes the only thing standing in the way of an agreement is your need to have your ideas and concerns heard by the other side."

Blumberg's role as peacemaker is an interesting contrast to his reputation as a trial lawyer. "When I began practicing law in 1976, litigation was where the action was," he said. "Drama, confrontation, tactical advantage, surprise witnesses. It was great adventure for lawyers. The excitement of the hunt, the tales of woe and intrigue, the thrill of victory and the agony of defeat." Over the years, he became recognized as a top trial lawyer. He was inducted into the prestigious American Board of Trial Advocates and was made a Diplomate of the National Board of Trial Advocacy, one of only a small number of lawyers in Southern California with that distinction. His experience as a trial lawyer was certified by the California Trial Lawyers Association, and he is listed in Who's Who in American Law.

Blumberg's professional time outside of courtroom has been devoted to writing, teaching, and service. He has authored many articles on law and trial advocacy techniques in law journals; chaired the California State Bar Committee on Court Rules and Procedures; served on and chaired local bar association committees and legal aid boards; taught trial advocacy courses; and was appointed as temporary judge, arbitrator and settlement officer in municipal and superior courts.

"I've been trying lawsuits now for many years, on behalf of both plaintiffs and defendants. The cases have been diverse: medical and legal malpractice, real estate and condominium disputes, breach of contract, product liability, personal injury, and insurance coverage, to name a few. I even get last-minute referrals from my colleagues of cases already set for trial."

While Blumberg's many years of trial experience make him comfortable in the courtroom, he is well aware of the difficulties that exist for the parties to a lawsuit. The process is tedious and confusing; the case can drag on for years, while costs mount; there are no guarantees; and the parties have little if any power to resolve the conflict. The results are in the hands of others, either judge or jury.

Blumberg explained how the modern legal system is designed primarily to prepare cases for court trial. "The system is not designed to bring disputing parties together to solve their problems. Instead, it seems to guarantee that those involved will become polarized in their positions. The litigation process is not only expensive in terms of legal costs, it can permanently harm long-standing relationships between neighbors, families and business associates."

It was in recognition of the destructive nature of litigation that Blumberg became involved in arbitration and mediation, which is often called Alternative Dispute Resolution. "I still try lawsuits and I enjoy the work. But, after acting as arbitrator or mediator in over a hundred cases, I found that there is great satisfaction in guiding parties to a peaceful resolution of contested issues and seemingly intractable positions. As a mediator, I am able to sit down with disputing parties, who have previously spent thousands of dollars in legal fees, and help them create their own solutions and agreements, often to the dismay of the lawyers who have been representing them."

Owner versus owner or owner versus association conflicts fit neatly into the mediation process. These quarrels create dissension in otherwise peaceful communities, and the legal expenses drain financial reserves. Luckily, however, because of a new California law, disputes between homeowners' associations and individual owners of condominium units must be submitted to mediation or arbitration before filing a lawsuit.

If the dispute is submitted to mediation, the mediator should be knowledgeable in condominium law and practices. A successful mediation depends on the skills and experience of the mediator. John Blumberg is no stranger to condominium politics or disputes. His firm, Blumberg Law Corporation, has represented many associations over the years in matters ranging from CC&R interpretation to multi-million dollar construction defect litigation. As a mediator, he brings his knowledge and experience as a trial lawyer and leader in the legal community to a process which can successfully resolve differences and keep the parties out of court.

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DISCLAIMER: This site contains only general information and does not constitute legal advice. The question of whether laws, court decisions, or legal arguments apply to a specific case can be answered only after a formal consultation with an attorney.