Susan G. Feder - Judicate West

Introduction

Susan has been a full time mediator since 2010. She uses insight and intuition to bring a fresh and creative approach to reaching settlement. Before becoming a mediator, Susan was a business litigator with an international law firm, practiced in house as litigation counsel for a large national bank, and since 1985, has closely followed personal injury cases of all types. Susan has a natural ability to read people and can skillfully uncover the real issues fueling the dispute and redirect the parties towards settlement

She is bright, tenacious and hardworking, and has mastered the art of follow up to achieve resolution. One attorney commented that her "expertise, intelligence, humor and commitment were the key to bringing both sides together in what seemed like an impossible feat." Susan guides the negotiation with empathy and exhibits genuine care and concern for the embattled parties. When not mediating privately, Susan assists the burdened Court system by settling cases of all types, and works with schools and parents to resolve educational conflicts.

Specialties

Hobbies & Interests

A mother of three, Susan is an enthusiastic cyclist, hiker, water skier, boater, linguist and traveler. She is also fluent in French and proficient in Spanish.

Website

http://www.susanfedermediation.com

Testimonials

Susan Feder uses a fresh approach to getting parties to settle. She handled a most difficult construction defect matter with a personal injury twist for us and it was her determination, fortitude and willingness to consider novel ideas that got the matter resolved. I would recommend her to anyone with difficult issues, difficult parties, or both. I will certainly recommend her to my professional friends in the bay area.
- Partner, Sacramento, California

Thanks for doing a great job, with a really fine result for our clients. You have a real talent for listening, and great emotional intelligence. I recommend my team of lawyers use you for future cases.
- Attorney on a landlord-tenant dispute

She understood the very complicated medical issues, and the issues concerning the defendant.
- Attorney on a Medical Malpractice/Wrongful Death Matter

I appreciated that after our initial mediation found the parties entrenched in our respective positions, Susan continued to work with the parties while discovery progressed. She was invested in the process, knew the issues and was committed to achieving a fair result. Susan reached out to the parties at regular intervals despite being told over and over that the case was not going to resolve. Susan ultimately proved us wrong by settling the case via phone two weeks before trial. It was a great result and I would absolutely use her services again.
- Attorney from a Commercial Dispute

She has continued to work with counsel for the parties to achieve a resolution since the mediation.
- Attorney on a medical malpractice dispute

She spent the necessary time to understand client’s injuries. Made efforts to follow up.
- Attorney on a Personal Injury Assault & Battery Matter

Ms. Feder is an extremely effective mediator who obtains highly satisfactory outcomes for embattled litigants. She has superb people skills and works hard to help the parties achieve a settlement. Her optimism helps the parties enjoy the process and feel good about their resolution.
- Attorney, San Francisco

Very knowledgeable regarding admissible evidence and explained problems in Plaintiff’s case to opposing counsel.
- Attorney in a Personal Injury Dog Bite matter

Links and Articles

Effective Listener

Experience Summary

Legal Career

Full-Time Mediator, Judicate West (Present)
Full-Time Mediator, Mediation Office of Susan G. Feder (2010-Present)
Settlement Conference Officer, San Francisco Superior Court (2012-Present)
Settlement Panelist; Marin County Superior Court (2010 to Present)
Banking Litigation Attorney; Bank of America Legal Department, San Francisco (1981-1986)
Commercial Litigation Attorney, Paul Hastings (Formerly Paul, Hastings, Janofsky & Walker); Los Angeles (1979-1981)

Education & Professional Affiliations

J.D., Hastings College of Law (1979)
B.A., Magna Cum Laude, University of California, Los Angeles (1976)
University of Paris; Sorbonne' (1975-1976)
Member, American Bar Association (2012-Present)
Member, Bar Association of San Francisco (2012-Present)
Board of Director’s Secretary, Marin County Bar Association (2018)
Chair of ADR Section, Marin County Bar Association (2017)
Board of Directors Member, The Mediation Society (2018)
Member, California Women Lawyers (2012 - Present)
Member, Marin Women Lawyers (2012 - Present)
Member, Richard M. Sangster Inn of Court (2014 - Present)
Member, Youth in Arts, Marin; Board of Directors (2005 - 2017)
Marin County Bar Association (MCBA); Secretary, Board of Directors (2018)
Board Member, The Mediation Society (2018)
ADR Section of MCBA; President (2017-2018)

Achievements & Awards

Association of Defense Counsel of No. Calif. and Nevada; presented on Expert Witness Testimony in Deposition and Trial.
Marin County Bar Assn: Presentation, Nov. 2017: “Getting the Most From Your Mediation; Tips from the Experts”
CAOC Annual Meeting: "The View from the Middle; A Mediator's Perspective"
CAOC Winter Seminar: "What Every Trial Lawyer Can Learn from a Mediator"
Guest Lecturer in Mediation; USF Law School (2013-2017)
Presenter, ADC Boot Camp, Expert Witness Testimony (2017)
MCBA CLE Fair, Presenter: How to Get the Most From Your Mediation (2017)
Association of Defense Counsel (ADC), Training: Expert Testimony (2017)
Moderator, Marin County Bar Association Presentation on Gender Inequality Issues (2018)
Marin County Bar Association, "Getting the Most From Your Mediation" (2017)
Bar Association of San Francisco, "Getting the Most From Your Mediation" (2018)
SFTLA: “Top Ten Tips for Mediation Advocacy” (2018)

Legal Experience

Personal Injury
Medical Malpractice
Business/Commercial
Banking and Lending
Partnership Dissolution
Real Estate
Construction Defect
Employment

Representative Case Information

Recent Representative Cases

Business/Commercial

Contractual

Settled breach of commercial lease action involving restaurant owner and owner of hotel property. Long term business relationship between the parties was maintained as a result of the settlement.
Settled breach of warranty action by contractor against commercial seller of decking material. Settlement allowed contractor to replace customer’s deck and maintain his favorable relationship with clients.
Settled commercial lending dispute between borrower and major lender on a sold out equity line of credit after a trustee’s sale by lienholder. Addressed issues of nature of loan, and consequences of foreclosure action.
Settled nursing home penalty dispute between government agency and owner of facility. Penalty level was reduced, allowing family-run facility to maintain its business. Addressed issues of patient neglect and code requirements for nursing home facilities.
Action by family members for breach of contract and misrepresentation involving mistake in burial by mortuary. Issues related to recoverability of emotional distress for breach of contract in special cases, and calculation of loss to individual family members. Cultural issues relating to particular beliefs was a notable and interesting component of the case.
Mediated pre-litigation business dispute between French corporation and California distributor regarding delivery of goods, breach of warranties and liability for expenses of French government sanctioned internship program.
Settled case brought by family of decedent against cemetery owner for breach of contract and emotional distress damages, when cemetery mistakenly buried another decedent in the gravesite previously selected and purchased by the plaintiffs. Cultural awareness and Feng Shui issues weighed heavily in the negotiated resolution.
Action for breach of contract and misrepresentation by parents against private school in which their daughter was enrolled. Plaintiffs allege that school failed to honor its representations regarding special education services it could and would provide, and that they were damaged in relying on school's false representations. School claimed it acted appropriately with regard to daughter's education, but that it eventually couldn't provide student with the special services she required. Confidential settlement was reached between parents and school.
Plaintiff and defendant were informal partners in successful rodeo business. When working relationship failed, dispute arose over ownership of asserts and equipment, as well as damages for loss of use. Also at issue were unpaid amounts allegedly owing on previous business contracts. Settlement resolved all issues, including payment of funds and asset ownership.

Construction

Construction Breach Of Contract

Breach of construction contract action between owner of historic county inn and contractor who completed a $6 million renovation and construction project. Owner sought compensation for delay in project based on liquidated damages clause, as well as refund of amounts paid under contested change orders. Action settled, and both main case and cross complaint for unpaid invoices were dismissed.

Construction Defects

Handled a complex CD matter involving multiple defendants litigating over a remodel project on a residence. The claims involved alleged defects with the driveway, doorways, windows and iron work. The plaintiff also had a PI claim associated with the case when she fell on water which had leaked from the defective doorway. This case resolved in mediation.
Complex commercial case involving development of two different multi-unit real estate projects. Case included several cross actions in which allegations of breaches of fiduciary duty, fraud, mismanagement and breach of contract are alleged against numerous parties. Parties were emotionally and financially invested in polar opposite positions.

Employment

Breach of Contract

Mediated breach of contract case in which employment agency claimed damages against hospital for termination of agency relationship without due cause. The disputed claim centered on question of hospital’s ability to cancel contract at will. Case settled on day of trial.
This case involved allegations of elder financial abuse against a home care worker who counterclaimed for breach of an oral employment agreement as well as sexual abuse against her employer. The parties were highly emotional, and the case required special handling due to the highly personal and delicate issues involved. The relationship between the parties was complicated by the fact that it was partly worker/employer and partly personal/romantic.

Discrimination

Age discrimination employment matter involving multiple plaintiffs who were terminated as part of a periodic lay off. Issues included proper classification of employment status, as well as underlying reason for the terminations. Defendant alleged workers were terminated because of poor performance based on objective criteria, whereas plaintiffs claimed this was a pretext for age discrimination.

EWT and Discrimination

Settled case by former employee of major health care facility for claims of retaliation after employee was injured and pursued claim under workers’ compensation system. Employer claimed that employee voluntarily resigned, and that his injury and subsequent workers’ compensation claim were unrelated to the termination of his employment.
Settled case by former employee of hotel hospitality company for claims of wrongful termination, discrimination, and failure to engage in the interactive process, after employee became ill and disabled from continuing in his current position. Employer asserted that employee was never eligible to resume work, and that a permanent leave is not a reasonable accommodation.

Hostile Environment

Plaintiff brought case for unlawful retaliatory conduct against former employer after plaintiff was injured on the job and pursued a worker's compensation claim. Plaintiff claimed that employer failed to offer appropriate accommodations for his physical condition after his workplace accident, and that he suffered emotional distress as well as lost past and future wages when his employment ended.

Sexual Harassment

Settled high conflict case with allegations of sexual harassment, elder financial abuse and breach of employment contract involving home care worker and employer. Issues involved difficulty in characterizing the multi dimensional relationship between the parties, and whether labor laws applied and were breached.
This is a case for sexual harassment in the workplace brought by a young employee against her direct manager. Plaintiff claimed her manager engaged in inappropriate conduct at the workplace, and that she suffered emotional damages as a result. The employer claimed that the conduct was not reported timely, but that when it was, the company took appropriate action against the manager. Plaintiff voluntarily resigned from the company, and was not terminated.

Wrongful Termination

Settled an emotional workplace termination action in which employee alleged loss of job due to prior reporting of alleged sexual harassment by employer. Dealt with emotionally-charged litigant in helping to resolve dispute.

Family Law

Family Law Issues

Settled highly contentious case between ex-spouses for damages bases on allegations of battery and abuse. The parties were embroiled in conflict, with feelings of anger, mistrust and fear affecting the negotiations. By incorporating excellent listening skills, empathy and nuanced negotiation strategies, I was able to arrive at a negotiated settlement of this sensitive civil dispute.

Insurance

Subrogation

Subrogation claim by insurer for damage to real and personal property of the insured from an alleged defective washer in upstairs unit. Issues mediated included reasonable cost to repair, measure of damages and product defect.

Professional Malpractice

Medical Malpractice

Settled medical malpractice claim of mother and young child against well known hospital for injuries arising from incorrect pharmaceutical prescription. Damage allegations included both physical injury and emotional distress claims.
Medical malpractice case involving ankle surgery following complicated fracture. Plaintiff alleged that surgeon improperly repaired tri-malleolar fracture and subsequently failed to properly read post-operative x-ray. Plaintiff required second surgery and claimed general damages and lost earning capacity.
Settled a medical malpractice/wrongful death case brought by parents against the doctor for alleged negligence in over prescribing opiates to their 28-year old son, who died of an apparent overdose. Parents claimed that son’s doctor breached standard of care in failing to appropriately monitor the controlled substances he was prescribing. Plaintiff also argued that physician should be held liable for treble damages under statute directed at drug dealer liability.
Settled a medical malpractice case against a surgeon and physician’s assistant after complications following surgery to repair ankle fracture. Plaintiff claimed doctor’s conduct fell below standard of care in performing surgery and in conducting follow up care, resulting in need for second surgery and a longer recovery time.

Real Estate

Landlord/Tenant

Settled landlord/tenant dispute in which tenant sued for breach of warranty of habitability and retaliatory eviction. Plaintiff’s damage claim included a computation of loss of income for day care business on property, as well as statutory penalties for retaliatory eviction. Plaintiff also claimed emotional distress and harassment by landlord.

Neighbor Dispute

Contentious neighbor dispute involving issues of fence location and property line, invasion of privacy, nuisance, assault and battery and property damage. Both neighbors sued one another on cross-complaints with similar allegations. Emotionally charged case settled with template for future behavior by the parties, as well as damages for various claims.

Real Property

Settled heated dispute between homeowner and Homeowners' Association in Kentfield involving issues of alleged violations of CC & Rs.
Settled highly emotional neighbor dispute involving fence and property line issues, responsibilities for repair and encroachment, between owners in San Francisco. Settlement allowed neighbors to repair their relationship as well as their fence
Landslide dispute between upper and lower slope property owners when property was damaged after heavy rains caused upper slope to slide onto lower property.
Settled family property dispute involving issues of ownership of real and personal property, tenant’s rights and obligations, lending and foreclosure. The emotionally charged and delicate family situation required sensitivity and careful handling by the mediator.
Emotionally charged family dispute between mother and son regarding division of real property asset. Parties were able to agree on a framework for resolution that helped repair relationship as well as resolve property dispute.
Action by seller against realtor for breach of fiduciary duty in dual party representation of both seller and buyer. Seller claimed agent concealed material facts in brokering sale, and sought disgorgement of substantial commissions paid to seller in transaction.

Warranty of Habitability

Action for breach of warranty of habitability with claim of emotional distress following settlement of previous unlawful detainer action. Plaintiff tenant sought to recover rents paid, as well as treble damages and attorneys' fees under applicable code sections. The claim alleged harassment, nuisance and rental of illegal unit by property owner.

Tort

Personal Injury

Neighbor dispute involving failure to restrain dog and subsequent attack and bite. Strained and difficult relationship between the neighbors fueled the dispute and presented a challenging situation for the mediator. A history of police involvement and other complaints created further animosity between the parties.
Settled a product defect case alleging disfigurement when plaintiff’s finger was injured by defendant’s defective chair. Plaintiff alleged that embarrassment about her appearance caused her to abandon a desired career choice.
Settled a workplace accident case in which window washer sustained serious injuries after a fall. Plaintiff alleged employer’s failure to observe required safety regulations. Addressed issues of independent contractor relationship and licensure requirements.
Settled a bicyclist accident case in which cyclist was hit by an elderly motorist. Plaintiff claimed significant damages for alternative therapies used to treat cyclist’s injuries.
Settled a motorcycle accident case in which motorcyclist was hit by motorist while lane splitting on Golden Gate Bridge. Issues of comparative fault and extent of injury were raised by motorist and resolved.
Slip and fall in grocery store in which plaintiff alleged that fruit debris was responsible for elderly customer's fall. Plaintiff alleged that their advertised store layout required a higher level of cleaning and diligence to prevent falls.
Personal injury action for traumatic amputation of finger by horse bite. Plaintiff alleged that both horse owner and ranch were negligent and/or strictly liable when horse bit off end of plaintiff's finger while under defendants' care and control. Issues included evaluation of whether owner knew or should have known that horse exhibited dangerous propensities.
Plaintiff claimed traumatic brain injury resulting from a concussion sustained when plaintiff was hit by a bicycle while both parties were using a shared bicycle/pedestrian path. Plaintiff also sustained orthopedic injuries from the collision with the bicycle, ridden by a minor. The challenge in this case was in determining whether plaintiff suffered from continuing cognitive impairment, and if so, whether it was caused by a brain injury or other factors.
Premises liability case regarding stairs in residential apartment complex. Plaintiff claimed stairs were defective and dangerous, causing her to fall and sustain injury. Defendant claimed they were not negligent, since stairs were built to the code present at the time, and that they acted reasonably in arranging for repairs to this apartment complex which had been recently purchased by them.

PI Assault and Battery

Action for assault and negligence arising out of a physical altercation between a patron and guard in defendant's nightclub. Plaintiff alleged continuing cognitive impairment as a result of trauma to the head and face, and claimed to have suffered a mild traumatic brain injury. Issues involved employment status of guard, vicarious liability and insurance coverage matters.

PI Auto

Auto accident in which injuries were difficult to quantify due to plaintiff's unique susceptibilities.
Settled UIM claim against plaintiff's insurance carrier for injuries sustained in high-speed freeway rear end accident case.
High speed highway collision occurred when plaintiff's car crashed into defendant's disabled car which was partially blocking plaintiff's lane of travel. Defendant had tried to avoid an earlier collision, and in executing an evasive maneuver, had ended up in the center divider at midnight. Primary issue under discussion was extent of liability of each party, and how to apportion comparative fault. Important facts included range of visibility; highway conditions and visual perception.
Settled a motorcycle vs. auto case in which plaintiff claimed that injuries to his hand effectively ended his career as a musician. Damage computation was hotly contested as speculative, and plaintiff claimed to have suffered severe emotional trauma.
Settled auto accident case in which plaintiff collided with defendant’s disabled vehicle that was stopped in center divider of highway. Disputed liability focused on whether plaintiff should have seen stalled car and avoided impact.
Plaintiff was a semi-professional golfer and instructor who claimed that her shoulder injury and resulting surgery drastically affected her ability to pursue her chosen career. Negotiations included discussion of how to evaluate the loss of a prospective business opportunity, and how to compensate plaintiff for the loss of her dreams.
Settled UIM claim involving auto accident where four plaintiffs were hit by a drunk driver. Case was noteworthy because of previous stipulated judgment entered into between claimants and defendant driver that included punitive damage payments. Question arose as to proper amount of credit to be applied against UIM policy.

Premises Liability

Premises liability case involving unsafe access to public beach area by bar/restaurant where patron sustained knee injury on broken glass.
Premises liability case by elderly resident of assisted living facility for injuries sustained when sliding door closed on her walker, causing her to fall and suffer arm fractures. Issues addressed included how to evaluate a claim of change in quality of life for the elderly, accompanied by loss of sense of independence.
A 69-year-old teacher tripped and fell on a crack in the pavement adjacent to a curb jointly owned and maintained by the City and a private party. Plaintiff suffered a broken nose with residual scarring. Issues addressed included notice, failure to remedy a defective condition, comparative fault, and nature and extent of damages. Case settled in post mediation follow-up.
Settled a premises liability case brought by 97-year old resident of assisted living facility for injuries claimed when automatic door malfunctioned and closed on her, causing her to fall. Plaintiff claimed that her injuries caused a dramatic decline in her quality of life. Analysis involved evaluation of life care plan for a person of advanced age.
Settled a premises liability case for trip and fall on crack in sidewalk owned by the city and maintained by a local business. Plaintiff claimed that injuries to her face and eye resulted in permanent disfigurement requiring plastic surgery.
Premises liability action by emotionally fragile commercial tenant against property owner and maintenance company for slip and fall. Damage allegations included onset of somatic system disorders that plaintiff claimed severely impact her life and ability to work creatively and productively.
Settled highly emotional premises liability case brought by building tenant who slipped and fell on recently waxed floor in her place of business. Plaintiff’s particular emotional and physical status resulted in high damage claims, and made settlement challenging.
Settled case alleging civil assault and battery arising out of altercation in defendant's home. Plaintiff was extremely emotional and upset, making it very difficult to discuss her claim. After a nine hour session, plaintiff felt heard, and both parties were satisfied with the result.
Plaintiff injured her ankle when she fell on a sidewalk near her work and claimed to have tripped on a dangerous crack in the concrete caused by a tree root. The lawsuit sought damages from both the City and the adjacent property owner, with both sides filing cross complaints for indemnity. Interesting questions posed by this case were: ownership of and responsibility for maintenance of the trees and sidewalk; proof of the location and mechanism of plaintiff's fall; and nature and extent of residual complaints. Case settled three months before trial.

Wrongful Death

Medical Malpractice case filed by parents of a 30-year-old son for his wrongful death from overdose of prescription drugs. Parents filed suit against primary care physician alleging negligence for inappropriately over prescribing addictive narcotics and painkillers. Plaintiffs also pursued novel claim for violation of the Drug Dealer Liability Act by physician.
This was an action for the wrongful death of a 98 year old, after being injured by a garbage truck that backed into decedent while riding a motorized scooter. The case is notable in that there were six plaintiffs, including the surviving spouse and five adult children. Also, there was difficulty in assessing the life expectancy of someone of the decedent's advanced age, as well as attributing comparative fault to the decedent.

Neutral Profile

SUSAN G. FEDER, ESQ.

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SUSAN G. FEDER, ESQ.

SUSAN G. FEDER, ESQ.

Introduction

Specialties

Hobbies & Interests

Website

Testimonials

Links and Articles

Experience Summary

Legal Career

Education & Professional Affiliations

Achievements & Awards

Legal Experience

Representative Case Information

Recent Representative Cases

Business/Commercial

Contractual

Construction

Construction Breach Of Contract

Construction Defects

Employment

Breach of Contract

Discrimination

EWT and Discrimination

Hostile Environment

Sexual Harassment

Wrongful Termination

Family Law

Family Law Issues

Insurance

Subrogation

Professional Malpractice

Medical Malpractice

Real Estate

Landlord/Tenant

Neighbor Dispute

Real Property

Warranty of Habitability

Tort

Personal Injury

PI Assault and Battery

PI Auto

Premises Liability

Wrongful Death

Downtown Los Angeles

West Los Angeles

San Diego

Santa Ana

San Francisco

Sacramento