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510 Bercut Drive, Suite J, Sacramento, CA 95814 |
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Daniel Yamshon: Curriculum Vitae |
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EDUCATION B.A. San Francisco State College, 1970 LEGAL Karlton, Blease and Vanderlaan, 1974-1975 ALTERNATIVE DISPUTE RESOLUTION Certified Mediator, by National Center Associates, Serves on or has been appointed to the following Alternative Dispute Resolution Panels:
JUDICIAL Settlement Conference Neutral, 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
PROFESSORSHIPS AND SYMPOSIA
DOMESTIC TRAININGS Settlement Conference Neutrals’ Training, (Training of court appointed attorney neutrals holding pre-trial judicial settlement conferences.) 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)
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 Sacramento Mediation Center, introductory mediation training, (2) 2008 FOREIGN TRAININGS Conflict Resolution Institute, Washington, Russian/American Program on Conflictology: Program development and training of Russian ministry memver. 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 form 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 and 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, The Gambia, South Africa, Tanzania and Zimbabwe, plus training traditional rulers, Center for African Peace & Conflict Resolution, Untied 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. (With David Kanga, Deputy Minister of Elections, Ghana, Co-facilitator.) 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, United 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 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 arbitration, 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.
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 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 member of the Federación 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 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 Steohen 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 Secretatiat,” 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. Justice system assessment and development of ADR in Ethiopia: Working with the Miniser of Justice, the judiciary, the Addis Ababa University Law Faculty, the Department of Peace and Securities Studies and non-governmental organizations, developed locally appropriate mediation and arbitration training program. Lead trainer, also mentoring African ADR neutrals trained by the Center for African Peace and Conflict Resolution as trainers and mentors. Needs assessment completed in August, 2007, ab initio training of trainers, December 2007/January 2008. Follow up trainging and court-sponsord “Settlement Week” July, 2008. Follow up evaluations expected January-February, 2009. Sponsored by United States Department of State. Development of court annexed mediation in Nigeria, 2009. Training and program development for integrating mediation into Nigerian courts. Sponsored by ADR Center, Italy with the Center for African Peace and Conflict Resolution. 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, 1991. ADR’s Dispute 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. The Double Transfer and Adaptation of the CRI Mediation Model in Post-Communist Russia, volume 3, “Harvard Negotiation Law Review.” Spring 1998 Comics Media in Conflict Resolution Programs: Are They Effective Promoting and Sustaining Peace? Volume 11, “Harvard Negotiation Law Review,” Spring 2006 p. 421. How To Draft an Arbitration Clause “Sacramento Lawyer,” June 2010 Telephone Mediation, “New York Dispute Resolution Lawyer,” volume 3, no. 2 Fall 2010 p. 40. (Dispute Resolution Section of New York State Bar Assn., pub.) PROFESSIONAL ORGANIZATIONS
REPRESENTATIVE ISSUES HANDLED AS A NEUTRAL: Interpretation of construction plans and specification and resolving ambiguities or contradictions between them, interpretation of contracts, quality of workmanship, contract compliance, disclosure issues, hydrology (including surface run off, drainage and subsurface 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; partnerships dissolution, licensing & franchise issues, business and business dissolution disputes, insurance coverage and crop insurance disputes, conflict prevention and dispute avoidance on large construction projects.
COMMUNITY
AWARDS
LANGUAGES English, Native Speaker
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