510 Bercut Drive, Suite J, Sacramento, CA 95814
Telephone: (916) 446-4817 Facsimile: (916) 446-5784
E-Mail:  DYamshon@ADRServicesInternational.com
Web Address: www.adrservicesinternational.com

Daniel Yamshon: Curriculum Vitae

EDUCATION

B.A. San Francisco State College, 1970
J.D. King Hall, University of California, Davis, 1974
Hastings College of The Law (University of California, San Francisco),
College of Trial Advocacy, 1977

LEGAL

Karlton, Blease and Vanderlaan, 1974-1975
Private Practice 1975-Present
California State Bar Association No. 63254

ALTERNATIVE DISPUTE RESOLUTION

Certified Mediator, by National Center Associates,
Washington, 1987

Serves on or has been appointed to the following Alternative Dispute Resolution Panels:

• Roster of Eminent and Qualified Experts (conflict prevention and post-conflict peace-building), United Nations Department of Political Affairs
  
• American Arbitration Association National Panel of Arbitrators
  (Commercial and Construction Panels)
  
• American Arbitration Association National Panel of Mediators (Commercial and Construction Panels)
  
• Arbitrator, National Association of Securities Dealers
  
• Mediator, Internal Revenue Service, Defense Department Office of Hearings and Appeals
  
• Arbitrator, Pacific Stock Exchange
  
• Arbitrator, American Stock Exchange
  
• Arbitrator, National Futures Association
  
• Arbitrator, Sacramento County Superior Court
  
• Arbitrator, Yolo County Superior Court
  
• Arbitrator, El Dorado County Superior Court
  
• Arbitrator, Placer County Superior Court
  
• Arbitrator, Nevada County Superior Court
  
• Mediator, Alameda County Superior Court
  
• Arbitrator and Mediator, Western Center for Alternative Dispute Resolution (1988-1992)
  
• Facilitator in "Partnering" and other dispute avoidance and conflict prevention systems Neutral, Federal Deposit Insurance Corporation
  
• Neutral, Resolution Trust Corporation
  
• Conciliator, California Department of Agriculture/AAA for grower organization collective bargaining disputes with processors

JUDICIAL

Administrative Law Judge pro tem, State of California, Department of General Services

Judge pro tem Superior Court, State of California, County of Sacramento

Appellate Mediator-Arbitrator, Alternative Dispute Resolution Process: Remediation Plan in Federal Class Action: In Re The Prudential Insurance Company of America Sales Practices Litigation, No. 95-4704 (D.N.J.).

ADR COMMITTEES & WORK GROUPS

• Bench - Bar Committee on ADR (Sacramento County, a working committee to integrate ADR procedures into the Court system)
• California State Bar ADR Leader's Roundtable
• Founding Chair, Sacramento County Bar Association ADR Committee (1990-1992)
• Co-Chair Sacramento County Bar Association ADR Section (2002-2003)
• Chair, California Mediation Week, 1993, Co-Chair, 1999 (Sacramento)
• American Arbitration Association Advisory Committee, Sacramento
• Conflict Resolution Resource & Research Institute (CRI), Washington:Development of training materials for international ADR programs training.
  
  Associated General Contractors of California Legal Advisory Committee.

PROFESSORSHIPS AND SYMPOSIA

• Professor of Law, (ADR), Lincoln University the Law School, San Jose, California (1991-1996)
• Visiting Professor of Law, California State University, Sacramento (1981-1982)
• Chair, California Mediation Week, (1991) Sacramento
  
• Panelist, California Mediation Week, 1992, "Commercial Mediation"
• Presenter, "ADR" La Raza Lawyer's Association, (1992)
  California State Bar Association "Community Law School", (Developer of Prototype ADR Curriculum in Real Property and Construction ADR for public education)
• Panelist: California Mediation Week, (1993) "Peace Makers"
• Panelist, "The ABC's of Insurance Mediation" American Arbitration Association, Mediation and Arbitration Day, 1993
• Panelist, "Court Mandated ADR" National Conference on Peace Making and Conflict Resolution, Portland, Oregon (1993).
• Panelist, "Partnering: A Dispute Prevention System" A special presentation by the American Arbitration Association, Dispute Resolution Services of Placer Co. & Solution Strategies, 1993.
• "A Fireside Chat Without the Fire, an evening with Bill Lincoln and Dan Yamshon" (advanced mediation seminar, allowing experienced mediators to ask experts questions regarding problem areas in mediation, and discuss handling complex difficulties) Warren & Associates, sponsor, University of California, Berkeley, 1993.
• Presenter: "Alternative Dispute Resolution Versus Adverse Actions" Annual Training Conference of Personnel Management Association of Aztlan, conference theme: "Latinos: Preparing for the Twenty First Century."1994.
• ADR & TQM: Presentation, annual convention of Sacramento Area Council for Total Quality, 1994.
• Presenter: "The Partnering Concept" Construction Financial Management Association, July 28, 1994
• Presenter: "Mediation Ethics" California State Bar Association, ADR Leader's Roundtable, 1994
• Presenter: "Everything You Wanted to Know About Alternative Dispute Resolution, a User's Guide" Sacramento County Bar Association, 1995
• Presenter: American Bar Association Forum on the Construction Industry 11th Annual Meeting, 1995, "Partnering the Design- Build Project
• “Peacemaking,” address presented to symposium celebrating the 50th anniversary of the United Nations, San Francisco State University, 1995
• Presenter: "Construction Industry Partnering", symposium on community decision making and collaborative processes, Placer County, 1996.
• Presenter: "Why This One Worked", an analysis of the St. Petersburg, Russia Conflict Resolution Center as the only viable program in Russia at the time. Society of Professionals in Dispute Resolution Annual Meeting, 1996.
• Presenter: "Skills building and conflict management models", panel: Conflict resolution in Africa, Center for African Peace and Conflict Resolution, sixth annual Conference on the African Diaspora. Conference theme: African and African American organizations in the US: An agenda for political- economic empowerment in the 21st century, 1997.
• Presenter: "International Mediation" Society of Professionals in Dispute Resolution International section, 1998.
• "Ethical Situations in Cross-Cultural Negotiating" 50th Annual Conference, California Parks and Recreation Society/National Recreation and Park Association, 1998
• Presenter: "Mediation in Other Countries" The Annual Conference of the American Society of Professional Mediators, 1998
• Panelist: “Experience in West Africa, Lessons Learned” Eighth Annual International Conference, Center for African Peace and Conflict Resolution, 1999
• Panelist & seminar chair, “CHow to build a full time practice as a neutral ” Sacramento County Bar Assn ADR Section, 2003
• Created and presented two CD audio continuing legal education programs,“ How to Represent your Client in ADR“ and ”The Federal Arbitration Act,” Spring 2006, Ulrich, Nash & Gump.

DOMESTIC TRAININGS

All trainings are a thirty-eight to forty hour certification course in interest based negotiation and mediation, most were MCLE certified.

Western Center for ADR, Sacramento, California, 1990

Dispute Resolution Services of Placer County, 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999

Nevada County Mediation Services, 1993, 1994, 1995, 1996, 1997

Solano County Mediation Services, 1993

State of Washington Department of Ecology, 1994 (Negotiation)

Advanced Mediation Training, Placer Dispute Resolution Services, 1995

American Lung Association/College of Thoracic Surgeons, 1997 (Negotiation)

Lincoln University, The Law School, San Jose, CA, 1991, 1992, 1993, 1994, 1995, 1996

Summer Institute in Conflict Resolution, California State University, Sacramento, (Sacramento County Bar Association ADR Section & Center for African Peace & Conflict Resolution) 1998, 1999, 2000, 2001, 2002, 2003, 2004,2005, 2006

FOREIGN TRAININGS

Conflict Resolution Institute, Washington, Russian/American Program on Conflictology: Program development and training of Russian ministry members, lawyers, judges, etc. 1992, 1994.

College of Judicial & Social Sciences, Universidad Rafael Landivar, Guatemala City, Guatemala/Conflict Resolution Institute, 1994. Presentation of negotiation training; introductory mediation training courses, and development of culturally valid curriculum.

Developed mediation training curriculum in conjunction with American Arbitration Association for the Swedish College of Barristers. (1994)

Alternative Dispute Resolution in West Africa; advisor to program, curriculum development and training. Complete ADR, arbitration through mediation, sponsored by: Center for African Peace and Conflict Resolution, United States Information Agency. Training for judges, law faculty and lawyers from Nigeria, Senegal and Ghana, 1996.

Inter-ethnic/inter-religious conflict resolution in Nigeria, Center for African Peace and Conflict Resolution, sponsor. Development of curriculum for trainings among various ethnic and religious groups. Funded by United States Peace Institute. 1997

Conflict Resolution in West Africa. Center for African Peace and Conflict Resolution, sponsor. Funded by the United States Information Agency. Follow-up to 1996 training. Monitor, follow-up and additional training regarding the establishment of dispute resolution programs and ADR training in Ghana, Nigeria and Senegal. Provided additional curriculum development. 1997

Kaluga Institute of Municipal Government, Kaluga, Russia. Lecture series on ADR, Mediation & the Courts, sponsored by California State University, Sacramento and the Russian American Program on Conflictology. 1998

Conflict Resolution in West Africa. Continued refinement of training curriculum, training domestic trainers, coaching developing mediation programs, and study evolution of process under local conditions in Ghana and Nigeria, with participation from Eritria, Gambia, South Africa, Tanzania and Zimbabwe, plus training traditional rulers, Center For African Peace & Conflict Resolution, United States Information Agency, July, 1998.

Conflict Resolution in West Africa, Training of Judiciary, Bar and Law Faculty, Nigeria, November 1998 Center for African Peace and Conflict Resolution, United States Embassy, Lagos.

Introduction of Conflict Resolution in post-civil war Liberia: initial training of judges, attorneys: institution of ADR and ADR training process, Center For African Peace & Conflict Resolution, US Information Agency, 1999.

Human Rights Mediation in West Africa. Curriculum development, training & mentoring of Human Rights Mediators in Nigeria. Center For African Peace & Conflict Resolution, Human Rights Commission of Nigeria, Untied States Peace Institute, 2002.

Court annexed ADR in Ghana. Developed and presented syllabus and curriculum to develop a court annexed settlement process for Ghanaian courts. Two groups were involved. The judiciary, from the Supreme Court and Courts of Appeal through all trial courts participated in training and workshops, and a second group, court registrars (clerks) also had training and workshops. Procedures, standards and processes were developed along with evaluation criteria. Center for African Peace and Conflict Resolution, funded by United States Department of State, January 2003

Arbitration development in West Africa: Developed and presented ab initio curriculum, workbook, proposed procedures and rules of arbitrati on, training members of the Ghana Association of Chartered Mediators and Arbitrators in arbitration and developing arbitration as an alternative means of resolving legal disputes. Center for African Peace and Conflict Resolution, funded by United States Department of State, April 2003.

SPECIAL PROJECTS

Evaluation & analysis of mediation efforts in Post Communist Russia, Conflict Resolution Institute, Eurasia foundation, 1997.

Facilitate international conclave to develop Canons of Ethics for African Mediators, for Center for African Peace and Conflict Resolution, 1998.

Develop Dispute Resolution Programs and procedures in Ghana in consort with local bar associations, American Chamber of Commerce, Ghana Bar Association, Public Affairs Office of U.S. Embassy (State Department),Center for African Peace and Conflict Resolution, June 2000.

Mentoring of mediators, observation, analysis and reporting the first “ Settlement Week” in Ghana. Eighty previously trained mediators and judges trained in mediation settled one hundred eighty five cases in seven courts during five days. Center for African Peace and Conflict Resolution,United States Department of State. April 2003.

ADR in Kenya: Development and presentation of ADR training for attorneys from Kenya and East African members of the Federacin Internacional Damas Avogadas, Madrid (International Federation of Women Lawyers), including development of arbitration training program adapted to Kenyan statutes.Initial training presented 2004; follow up with additional training, mentoring and creation of “Settlement Week,” July-August 2005. International Federation of Women Lawyers, Kenya, Center for African Peace and Conflict Resolution, funded by U.S. Department of State.

Preparing The Gambia for ADR Phase I: The General Assembly of The Gambia passed a comprehensive ADR act in 2005 in a country where ADR was practically non-existent.
The program consisted of the creation and development of a negotiation, mediation and conciliation training program as well as comprehensive arbitration training under the Alternative Dispute Resolution Act of The Gambia for lawyers, judges and government officials. August-September, 2005. Sponsored by The Honorable Stephen Brobbey, Chief Justice of the Supreme Court of The Gambia, Center for African Peace and Conflict Resolution, funded by The World Bank.

Preparing The Gambia for ADR Phase II: Creation of the “ADR Secretariat,” the administrative agency charged with certification of neutrals, oversight, administration of neutrals, hearings and cases, compiling statistics, etc. Created administrative regulations, ADR process rules and operations manuals for the Secretariat. Mentor to local ADR trainers developed in Phase I in their first local training. October 2005. Under supervision and direction of The Honorable Stephen R. Brobbey, Chief Justice, Supreme Court of The Gambia, funded by the World Bank.

WORKS IN PROGRESS

Development of mentoring program for Human Rights Commission of Nigeria; Center for African Peace and Conflict Resolution and United States Embassy, Nigeria, sponsors.

PUBLICATIONS

What Is ADR? "Claims People", July 1991 (Insurance industry trade journal)

Is Out of Court Resolution Fair? "Docket", (Sacramento County Bar Association Journal) March 1992

Author of ten-column legal series for Sacramento Valley Labor News, 1982

Distinguishing Interests, Issues, and Positions, "Claims People", February 1992

Unloved Alternative: Why There's No Mediation Boom on Wall Street "Barron's" National Business and Financial Weekly, August 17, 1992

American Style ADR is Becoming the World Standard "Claims People", December 1992

Alternate Dispute Resolution "Newsletter of the American Society for Training and Development" October 1992.

The Reporter, Pacific Energy Association Journal, five part series published 1993-1994: 1) New Techniques For Improving Your Bottom Line: ADR , 2) New Techniques: Arbitration, 3) New Techniques: Mediation, 4) New Techniques: Partnering, 5) New Techniques: Dispute Review Boards.

Dial "M" for Mediation: The New Age of Dispute Resolution by Telephone & Electronic Communications "Dispute Resolution Journal" American Arbitration Association, March, 1994.

ADR's Disputed Future, "Daily Journal" (legal newspaper published in Los Angeles and San Francisco) October 31, 1994.

American Bar Association Forum on the Construction Industry workbook article: "Partnering." June, 1995.

Partnering for the Special Owner, "The Punch List" vol. 18, No. 2, Summer 1995.

Emphasize Commonalities, Rather Than Differences, "Daily Recorder" (Sacramento) September, 1997, reprinted San Jose Post Record, October 1, 1997.

The Durable Transfer and Adaptation of The CRI Mediation Model in Post-Communist Russia, volume 3, "Harvard Negotiation Law Review." Spring 1998 With Ellen Yamshon, Co-Author.

Comics Media in Conflict Resolution Programs: Are They Effective in Promoting and Sustaining Peace? Volume 11, “Harvard Negotiation Law Review,” Spring 2006 p.421.

PROFESSIONAL ORGANIZATIONS

• California State Bar Association
  
• Sacramento County Bar Association
  
• ADR Committee Founding Chair
  
• ADR Section Co-Chair 2002-2003
  
• ADR Section Education Committee Chair 2003-2005
  
• Mandatory Continuing Legal Education Committee Chair, 2005- American Arbitration Association (member, advisory committee)
  
• The Construction Industry Dispute Avoidance and Resolution
  Task Force
• Associated General Contractors of California (associate member & Legal Advisory Committee)
  
• American Bar Association (ADR section & Construction Industry Forum)
  
• Former member of The California Applicants Attorney Association
  
• Former member of California Attorneys for Criminal Justice
  


REPRESENTATIVE ISSUES HANDLED AS A NEUTRAL:

Interpretation of construction plans and specifications and resolving ambiguities or contradictions between them, interpretation of contracts, quality of workmanship, contract compliance, disclosure issues, hydrology (including surface run off, drainage and sub-surface water), sewage and septic, code compliance, (construction cases have ranged in size from residential through public utility power plant), boundary disputes and easements; banking and finance, discount rates, disclosure, appropriate investments, contract disputes; international securities transactions including relationships and procedures between traders and American investment houses, European banks and European stock exchanges; employer/employee disputes and inter-employee disputes; public policy, land use planning and public resource allocation; buy-sell agreements; partnership dissolution, licensing franchise issues.

COMMUNITY

• Former Negotiation Team and Executive Board, American Federation of Teachers local 1928 (AFL-CIO)
  
• Former Board of Directors, California Multi-Cultural Park Foundation
  
• Former Chair, Natomas Community Planning Advisory Council (County land-use Planning Board, appointed by the Board of Supervisors)
  
• Former Board of Directors, Midtown Business Association (1992)
  
• Lieutenant Governor's Get Out the Vote Committee (1986-1992)
  

AWARDS

• California Mediation Week: "Peace Maker of the Year", 1994
  
• Africa Peace Award, 2001

LANGUAGES

English, Native Speaker
Spanish, Basic
Portuguese (Brazilian), Basic