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Voluntary Early Mediation (VEM) Program

Choosing a Mediator

The parties agree that BASF will administer the case if this mediator is chosen. File the Mediation Consent form (43KB PDF) to initiate the process.


Marilyn Burrill O'Toole

Mediator, Arbitrator, Attorney


Areas of Experience: Business, Commercial, Contract, Discrimination, Employment, Fee Disputes, Insurance, Intellectual Property, Intra-Organizational, Labor, Landlord/Tenant, Land Use, Legal Malpractice, Personal Injury, Probate, Real Estate, Uninsured Motorist


Work History: Private Practice, 1995-present; Partner/Associate Musick, Peeler & Garrett, 1977-1995; Acting General Counsel and Secretary to the Board of Directors, J. Paul Getty Trust, 1994-1995.

ADR Experience: American Arbitration Association neutral since 1995, serving on the Commercial Panels in Los Angeles and San Francisco and as a member of the Board of Arbitrators of NASD. Serving as settlement officer in The Bar Association of San Francisco’s Early Settlement Program and a mediator for BASF Mediation Services. Member of Los Angeles Superior Court ADR Panel. Experience in cases involving: business, contract and commercial disputes; insurance contracts and coverage questions; professional liability cases, including real estate agents and brokers, legal and accountant malpractice; shareholder agreements, including rights of shareholders in closely held corporations; real property, including purchase and sale agreements, commercial and residential leases, and landlord tenant disputes; interpretation of medical and dental insurance agreements; construction disputes; employment law issues (including wrongful termination, sexual harassment, and workplace discrimination); intellectual property claims; attorney fee disputes; and personal injury claims.

Legal Experience: During eighteen years as a litigator, all phases of civil litigation, including disputes in the areas of general business and complex commercial transactions; real estate, real property, unlawful detainer law; construction, insurance and insurance coverage; attorney and other professional liability cases; probate and tort cases. Recent experience in residential construction matters: Landlord/tenant disputes; and not-for-profit organizations, including tax-exemption matters, governance issues, grant-making.

Licenses: 1977, admitted to the bar in California, authorized to practice in federal courts in California and Ninth Circuit Court of Appeal. Education: University of Southern California, BA 1966, Phi Beta Kappa, JD, 1977, USC Law Review.

Hourly Rate: $250