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LALLAS MEDIATION SERVICE, TRAINING AND RESOURCES
Levy, Small & Lallas
TOM LALLAS, ESQ.

A. INTRODUCTION

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Tom Lallas, Esq., the principal of LMS, has acquired a vast array of trial and mediation experience in his 49-year career as a trial lawyer and principal of Levy, Small & Lallas [LSL]

 

Founded in April 1975, LSL has been a premier Southern California boutique law firm, specializing in representing commercial lenders, and institutional clients and entrepreneurs in complex business litigation.

 

LSL attorneys have graduated from America's finest universities (e.g., Harvard, Stanford, and UCLA) and most preeminent law schools (e.g., Harvard, Stanford, UCLA and Berkeley). Before joining LSL, the LSL lawyers gained experience at some of America's best large law firms (e.g., Skadden, Gibson Dunn, Sidley, Mitchell Silberberg, and Shearman & Sterling).

 

LSL Attorneys have provided exceptional legal services to major institutional clients and entrepreneurs in a practical, cost efficient and effective manner, resulting in stellar results and favorable outcomes.

 

The LMS Experience, Training, and Resources, acquired and developed by Lallas during a five (5) decade career at LSL, will equip the parties with techniques and strategies to achieve a mutually favorable and reasonable mediated settlement. 

 

B. LALLAS MEDIATION SERVICE TRAINING

 

ABA 26th ANNUAL DISPUTE RESOLUTION SPRING CONFERENCE

April 10-13, 2024 - San Diego, CA

 

Wednesday, April 10, 2024

 

Blueprint for Success: Innovative Business Planning for Your Dispute Resolution Practice, Presenters: Susan Guthrie and Edd McDevitt

 

Legal Foundations and Operational Excellence in Your Dispute Resolution Practice, Presenters: Karen Beutler, Gary Doernhoefer, and Bijal Patel-Weintraub

 

Marketing 101- Effective Strategies For Your Dispute Resolution Practice, Presenters: Todd Drucker and Stefanie Marrone

 

Active Listening, Using Silence, and Building Empathy Across All Mediation Mediums, Presenters: Matthew Carroll and Sandra Crawford

 

Leaders of ADR Providers: Wisdom From The Frontlines of Dispute Resolution, Presenters: Joanna Barron, Bridget McCormack, Ana Sambold, Parag Y. Shah, and Kimberly Taylor

 

Thursday, April 11, 2024

 

Harnessing Tomorrow’s Technologies for Great Access, the Public Good, and for a Brighter Future, Presenter: Orly Lobel

 

Sanctioning Attorneys in Arbitration, Presenters: Kristen Blankley, Svetlana Gitman, Anne S. Jordan, and Mitch Zamoff

 

Strategies for Success in the Complex World of Business Mediations, Presenters: Judge Judy Holzer Hersher, Ret., Russell L. Hom, and Judge Emily E. Vasquez, Ret.

 

Mediation 2024: Strategies for Riding the Waves with Parties in Today’s Shifting “Current”, Presenters: Lee Jay Berman, Terri Breer, and Harshitha Ram

 

What’s Really Going On – The Art (and Science) of Persuasion and Decision-Making in Dispute Resolution, Presenters: Harold Coleman, Jr. and Dr. Debra Dupree

 

Friday, April 12, 2024

 

The Magic of Mediation: How to Find, Feed, and Foment it – Transformational Techniques for Resolution, Forgiveness, Reconciliation, and Prevention, Presenter: Kenneth Cloke

 

Triaging in Negotiations When Little Time, Presenters: Hal Abramson, Emily Alison, and Taren Wellman

Unlocking Solutions: An Analytical Framework for Successful Dispute Negotiation, Presenter: Harshitha Ram and James (Jim) Reiman

 

Exploring the Future: The Power of Self-Awareness and Disrupting Bias in Dispute Resolution, Presenters: Lauren Lofton, Mattie Robertson, and Laurel Stevenson

 

Settlement Facilitation in the Course of Arbitration, Presenters: Cedric Chao, Ruth V. Glick, Myra Selby, and Elizabeth A. Tippin

 

Saturday, April 13, 2024

 

Mediation Success: Essentials to Prevent Failure Through Effective Negotiation Strategies, Presenter:Constance J. Miller

 

Opening the Black Box of Mediation, Presenters: Ava J. Abramowitz, Jennifer Shack, and Kenneth Webb

 

ABA CLE WEBINARS

 

Avoiding Ethical Pitfalls in ADR, Judge Elizabeth Bonina and Andrea Bonina, March 31, 2021

 

The Good, The Bad, and The Ugly: Virtual Mediation, May 11, 2021

 

The Ethics and Art of Settlement at Mediation, Bob Worden, June 7, 2021

 

Using the Mediation Guide to Create and Implement an Efficient and Successful Dispute Resolution Process, Aaron Gothelf, Esq. and Dr. Ralph Steele, September 29, 2021

 

How to Prepare for Successful Virtual and Hybrid Mediations, Selina Molina, Danny Newman, Linda Scher, and Ken Raynor, October 3, 2022

 

Co-Mediation – Are 2 Heads Better Then One? Rachel Gupta, Mushegh Manukyan, Michael Lewis, Vivien Shelanski, March 8, 2023

 

How to Succeed in Mediation from Selecting a Mediator to Impasse, Raymond Panneton and Stewart Edelstein, March 21, 2023

 

Stepping Into the Future: Ethical Implementation & Best Practices of ChatGPT in Mediation, September 13, 2023

 

OTHER WEBINARS

 

The Magic of Mediation, Lee Jay Berman and Judge Ralph Ochoa, January 18, 2024

 

C. LALLAS MEDIATION SERVICE RESOURCES

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MEDIATION ARTICLES

 

  1. Mediator Skills
    TMG – The Mediation Group

  2. Summary of “The Mediation Process: Practical Strategies for Resolving Conflict” Christopher Moore, Summary by Tanya Glaser

  3. Mediation Techniques for Managing Emotions by Chuck Doran and Daniele Natali Goldberg

  4. Mediation Skills You Need

  5. Key Communications Skills for the Mediator by John Ford

  6. Three Styles of Mediation Assertive Mediator – Techniques Produce More Agreements and Greater Satisfaction – A Mediation Study
    Donald Swanson – American Bank. Institute

  7. Communication Skills in Mediation: Best Practices National Association of Realtors

  8. How to “Win” Every Mediation Trey Bergman – ADR Group

  9. Mediator Orientations, Strategies and Techniques Leonard Riskin – September 1994

  10. Go Graphic in Mediation – Not Just in Trial Morgan Smith – June 2011

  11. The Five Steps of Mediation and Negotiation Alex Polsky – September 2012

  12. Kluwer Mediation Blog – Practical Steps for Mediators Charles Irvine – April 12, 2013

  13. Mediation – Three Ways of Getting to “Yes” Doug de Vries – September 2013

  14. Mediating the Class Action Case Dave Rudy -January 2015

  15. Psychogeography and Mediation Nancy Neal Yeend – September 2015

  16. Reading Between the Lines – Non-Verbal Communication Nancy Neal Yeend – August 2017

  17. Traits of a ‘Mediator’ Mediate.com
    Samuel Imperati – October 2017

  18. 5 Tips for Winning in Mediation American Bar Association – April 2018

  19. The Magic of Mediation Randy Wallace – April 2019

  20. “What I Learned at Harvard” Debra Bogaards – August 2019

  21. Crafting Effective Mediation Briefs Doug deVries – August 2019

  22. Herding Cats – Successful Multi-Party Mediations Louise LaMothe, Lee Jay Berman – September 2021

  23. What are Mediator Skills? Definition and Examples Indeed Editorial Team - August 2022

  24. 9 Most Important Skills for Professional Mediators Kompas Professional Development – January 2023

  25. Qualities of a Good Listener and How to Be one in 6 Steps Jennifer Herrity – February 2023

  26. Mediating Landlord-Tenant Disputes Steve Sepassi – July 2023

  27. Mediation Techniques: Tools for Effective Conflict Resolution Rapid Ruling - September 2023


The Third Side: Strategies and Tactics of Mediation

  1. Ripeness-Promoting Strategies: I William Zartman, September 2003

  2. Convening Processes: Brad Spangler, October 2003

  3. Conflict Assessment: Deborah Shmueli, October 2003

  4. Ground Rules: Michelle Maiese, September 2004

  5. Codes of Conduct for Intervenors: Michelle Maiese, September 2004

  6. Sequencing Strategies and Tactics: Joshua N. Weiss, Sarah Rosenberg, September 2003

  7. Creating Safe Spaces for Communication: Julia Chaitin, July 2003

  8. Reframing: Brad Spangler, November 2003

  9. Option Identification: Brad Spangler, January 2004

  10. Focusing on Commonalities: Charles (Chip) Hauss, June 2003

  11. Caucus: Brad Spangler, June 2003

  12. Shuttle Diplomacy: Eric Brahm, Heidi Burgess, November 2003

  13. Reality Testing: Brad Spangler, November 2003

  14. Costing: Brad Spangler, June 2003

  15. Action-Forcing Mechanisms: Brad Spanger, June 2003

  16. Establishing Trust in Mediation: Richard Salem, July 2003

 

 

MEDIATION LITERATURE RESOURCES

 

Beer, Jennifer E. and Caroline C. Packard, The Mediators Handbook, Revised & Expanded Fourth Edition, 2012

 

Fisher, Roger and William Ury and Bruce Patton, Getting to Yes, 2011

 

Lenski, Making Mediation Your Day Job, 2014

 

Moore, Christopher, The Mediation Process, Fourth Edition, 2014

 

O'Sullivan, Gerry, The Mediator’s Toolkit, 2018

 

Sadgrove, Kit, Become A Mediator in Just 30 Days, 2024

 

Ury, William, Getting Past No, 1993

 

Voss, Chris, Never Split the Difference, 2016

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D. LALLAS MEDIATION SERVICE MEDIATION LITIGATION EXPERIENCE
 

Fewer than five percent (5%) of the civil actions that are filed are concluded by a bench trial or trial by jury. A few end with dispositive motions, whether motions for summary judgment, motions for judgment on the pleadings, or otherwise. Other cases reach resolution after definitive provisional remedies are granted, whether restraining orders, injunctions, writs of attachment, writs of possession, or otherwise.

 

The simple truth is substantially all civil actions are resolved by settlement, and of those cases, the vast preponderance are settled at, or as a result of, mediation. For these reasons, among others, the breadth of the litigation practice and business litigation experience of a trial lawyer provide a roadmap for the historical mediation experience of a successful mediator.

 

BREADTH OF LITIGATION PRACTICE

 

LMS has represented institutional clients, entrepreneurs, real estate investors, tech companies, professionals, and commercial lenders in trials, arbitrations, and disputes involving:

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COMMERCIAL LITIGATION

  • real estate

  • class actions

  • securities fraud

  • accountancy

  • employment

  • intellectual property

  • business torts

  • closely held businesses

  • insurance

  • international transactions

  • entertainment

  • franchise relationships

  • investment funds 


LENDER LITIGATION           

  • provisional remedies

  • collateral liquidation

  • debt enforcement

  • receiverships

  • foreclosures

  • alter ego

  • guarantors

  • letters of credit

  • factoring accounting

  • lender liability

  • false financial statements

  • priority disputes

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BANKRUPTCY

  • fraudulent transfers

  • cash collateral

  • relief from stay

  • voidable preferences

  • disclosure statements

  • plan confirmation

  • DIP financing

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OTHER LITIGATION

  • personal torts

  • professional malpractice

  • probate litigation

  • litigation abuse

  • appeals

  • writs of mandate

BUSINESS LITIGATION EXPERTISE

 

LMS has substantial experience representing clients in significant business litigation matters in a wide range of business disputes, including:

 

  • class actions involving securities frauds, real estate syndications and investments, lender accounting practices, dating service statutes, and other statutory class actions;

 

  • real estate disputes including construction and construction defects, subrogation, condominium and single-family home tract development projects, partnership and investment properties, purchase and sale transactions, leases, residential homes and apartment buildings, hotels and commercial buildings, shopping centers, mobile home parks, and brokerage transactions;

 

  • lender related matters including lender liability, floor plan financing, factoring accounting, enforcement of loan obligations against debtors and guarantors, letters of credit, negotiable instruments, conversion and embezzlement, fraudulent conveyances, alter ego, foreclosure of collateral, false financial statements, collateral priority disputes, accountings, and check kiting and forgeries;

 

  • accountancy litigation including audited and unaudited financial statement matters, public offering transactions, and defense of accountant malpractice claims;

 

  • employment related actions including wrongful termination, constructive discharge, discrimination claims (whether racial, sexual, age based or otherwise), hostile work environment, wages and hours, and other employment related matters;

 

  • intellectual property including patents, trademark and copyright infringement, antitrust, and trademark and intangible property valuation;

 

  • business torts including fraud, breach of fiduciary duty, misappropriation of trade secrets, misappropriation of corporate opportunities, and unfair competition;

 

  • closely held partnership and company disputes (whether medical, veterinary, legal, accounting, real estate, or otherwise) involving dissolution, liquidation, and employment claims;

 

  • insurance litigation including indemnity, fidelity bond, errors and omissions, comprehensive general liability, and bad faith litigation;

 

  • international transactions including disputes concerning country of origin, tariffs and duties, letters of credit, and shipping documents;

 

  • debt enforcement actions for lenders, law firms, accountants, general contractors, and other business entities;

 

  • business disputes regarding garment designers and manufacturers, textile manufacturers and importers, auctioneers and liquidators, appraisers, retail chain stores, electronics wholesalers, inventors, and agricultural property and businesses;

 

  • entertainment matters relating to film producers, television writers, television and film actors, media celebrities, professional athletes, and singers and songwriters;

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  • personal torts including slander, libel, trade libel, other defamation claims, infliction of emotional distress, and palimony claims;

 

  • probate litigation involving will contests and validity, fiduciary and other obligations of trustees, and removal of trustees whether for breach of fiduciary duty, conversion, misappropriation of trust opportunities, or otherwise;

 

  • franchise disputes involving contractual, antitrust, breach of fiduciary duty, fraud, statutory, and accounting claims;

 

  • litigation abuse proceedings including malicious prosecution, sanctions, contempt orders to show cause and trials, and anti-slapp proceedings.

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