Bay Area Mediation Services

Malcolm Sher


Malcolm Sher new photo 2021

Areas of Expertise

  • REAL PROPERTY (Breach of Contract, Misrepresentation, Non-Disclosure, Partition Actions, Commission Claims, Title and Escrow Litigation, Easement and Boundary Line Disputes, Destruction of Trees, View Disputes)
  • RESIDENTIAL LANDLORD-TENANT (Habitability, Discrimination, Rent Control Issues, Insurance Coverage Issues)
  • COMMERCIAL LANDLORD-TENANT (Termination, Impact of COVID-19 and other Force Majeure Issues Affecting Payment of Rent and Performance)
  • INHERITANCE DISPUTES (Wills, Trusts, Accountings, Partition Actions)
  • EMPLOYMENT (Misclassification, Wage-and-Hour, Workplace Harassment, Discrimination, Failure to Accommodate)
  • BUSINESS/COMMERCIAL (Partnership Disputes and Dissolutions, Commercial Contract Disputes, Trade Secret Issues, Trademark Violation)
  • PROFESSIONAL MALPRACTICE (Real Estate Agents and Brokers, Attorneys, CPAs and Design Professionals)
  • PERSONAL INJURY/PROPERTY DAMAGE (Vehicle Accidents, Trip-and-Fall, Insurance Claims for Damage to Personal and Real Property)

Malcolm Sher is a full-time mediator specializing in high-emotion, cross-cultural mediation in the above specialties. He works 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 often involve intensely personal interests and carry significant emotional overlay. Litigation and arbitration are stressful, with risky, unpredictable outcomes. As a mediator, Sher has earned a reputation for being sensitive to how cultural differences, gender and personality all impact perception of rights and obligations and how they influence negotiation and dispute resolution. He believes that disputants who are treated with dignity and respect and their points of view heard, become empowered to fashion their own "win-win" solutions. His well-honed negotiating skills and years of legal and life experiences in the United Kingdom, Zimbabwe and the United States add real value to the meditative process. He is flexible and improvisational about process. He is willing to be "evaluative," explore "what-ifs," ask probing questions, offer "reality checks" and identify risks and benefits so that settlement options can be explored, and creative solutions reached. He is respected for his tenacious approach.

Sher’s mediation training includes courses at the Straus Institute for Dispute Resolution at Pepperdine University and a symposium at The Harvard Negotiation Project. He is past president of The Mediation Society, a foundation member of the California and National Academies of Distinguished Neutrals and a frequent presenter.

He is proficient in using the ZOOM video-conferencing platform.

Hourly Rate: $500 

Choosing a Mediator

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