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Voluntary Early Mediation (VEM) Program

Choosing a Mediator

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Malcolm Sher


Areas of Experience: Business, Contracts, Partnerships, Employment, Personal Injury/Property Damage, Professional Liability, Real Estate

Malcolm Sher’s practice focuses on "dirt, buildings and the people who handle them" and includes real estate, landlord/tenant, business, commercial, partnership, probate, trust, common law/same-sex property disputes, secured transactions, title and escrow, professional liability of brokers, attorneys and CPAs, construction defect, insurance and consumer rights. He also has experience with personal injury and employment-related disputes.

Sher is a full time mediator and specializes in high-emotion, cross-cultural mediation, working with disputants and their advisers to openly discuss their differences, identify and explore alternative settlement choices and ultimately, to creatively shape their own solutions.

Conflicts, especially about property and inheritance rights and Read testimonials about this mediatorobligations as well as claims against professionals and building contractors often involve intensely personal interests and carry significant emotional overlay. Sher has earned a reputation for being sensitive to how culture, gender and personality all impact perception of rights and obligations and how they influence negotiation and dispute resolution. Disputants who are treated with dignity and respect and their points of view heard, become empowered to fashion their own "win-win" solutions. Utilizing well-honed negotiating skills and years of legal and life experiences in the United Kingdom, Zimbabwe and the United States, Sher strives to add real value to the meditative process.

Clients expect mediators to be "good listeners" allowing them their "day in court." Flexible and improvisational about process, Sher does that, also willing to be "evaluative," explore the "what-ifs," ask probing questions, offer "reality checks" and identify risks and benefits so that options can be explored and creative solutions reached. Lawyers expect mediators to be qualified and competent, grasping issues from all parties' perspectives and working hard to settle cases.

Sher has a law degree from London University and more than forty years litigating for both plaintiffs and defendants in California and the U.K. He has trained at the Straus Institute for Dispute Resolution at Pepperdine University in Malibu, California, attended a symposium of the International Academy of Mediators at The Harvard Negotiation Project, taken Steve Rosenberg's Basic and Advanced Mediator Training, among others, and has given countless seminars on mediation and negotiation. He is a foundation member of the California and National Academies of Distinguished Neutrals.

Hourly Rate: $450