Michael P. Carbone, Esq.

Michael P. Carbone, Esq.

EDUCATION

B.S., J.D., University of San Francisco; Member, Law Review and McAuliffe Honor Society.

ADR EXPERIENCE

Michael P. Carbone has mediated, arbitrated and refereed more than 300 cases in many different subject areas, including construction contract and defect claims, real estate cases (particularly sales, leasing, partition, financing, fraud claims, development, foreclosures, eminent domain, easements, and co-tenancies), business, contract and partnership disputes, estate and trust matters, securities, legal malpractice, employment discrimination and termination, personal injury and sexual harassment.

LEGAL CAREER

An “AV” rated attorney by Martindale Hubbell, Michael was in private practice from 1966 until 2003 when he chose to enter the alternative dispute resolution field on a full-time basis. His practice encompassed most fields of civil law, including corporate, real estate, construction, antitrust, consumer protection, partnership, employment, securities, probate, trust and estate planning. He was a partner at the following firms:
• Jordan, Lawrence, Dawson & Carbone
• Zankel & Carbone
• Zankel & McGrane
• Wendel, Rosen, Black & Dean, LLP

He handled trials and appeals involving real estate and land use matters, architectural malpractice, construction, securities law, and business litigation. His reported cases include:
• Consumers Distributing Company Limited v. E.T. Hermann et al. (1991) 107 Nev. 387, 812 P.2d 1274, 13 ALR5th 951
• Paulsen v. Golden Gate University (1979) 25 Cal.3d 803, 159 Cal.Rptr. 858
• Leppo v. City of Petaluma (1971) 20 Cal.App.3d 711, 97 Cal.Rptr. 840
• Transamerica Title Insurance Co. v. Green (1970) 11 Cal.App.3d 693, 89 Cal. Rptr. 915, 44 ALR3d 543

PROFESSIONAL ASSOCIATIONS

• Association of Business Trial Lawyers
• California Academy of Distinguished Neutrals
• The Mediation Society (President 2000 - 2001)
• California Dispute Resolution Council (Member, Board of Directors 2002 - 2005)
• American Bar Association (Co-Chair Mediation Committee of the Dispute Resolution Section; Member, Real Property, Probate and Trust Section)
• State Bar of California
--Business Law Section (Former Co-Chair, Standing Committee on ADR)
--Real Property Law Section (Executive Committee, 1989 - 92)
--Standing Committee on ADR (2003 - 2006)
• Bar Association of San Francisco (Real Estate and ADR Committees)


DISPUTE RESOLUTION TRAINING

Mediation:
The Mediation Center, 1995 - Civil and Commercial Mediation, 45 hours
The American Academy of Attorney-Mediators, Inc., 1996 - Basic Mediation Training, 15 hours
First District Court of Appeal, 2001 - Appellate Mediation, 15 hours
The Mediation Society, 2001 - Breaking Impasse
Bar Association of San Francisco, 2002 - Advanced Mediation Training, 8 hours
Bar Association of San Francisco, 2003 - Diversity in Mediation, 6 hours
Pepperdine University, Strauss Institute of Dispute Resolution, 2003 - Mediating Complex Construction Disputes, 18 hours

Arbitration:
American Arbitration Association 1994 - Basic Arbitrator Training, 6.5 hours
National Association of Securities Dealers 1996 - Securities Arbitration, 8 hours


TEACHING, WORKSHOPS AND ARTICLES

• “The Impact of Jeld-Wen, Inc. v. Superior Court on the Settlement of Litigation in California,” Marin County Bar Association, October 17, 2007
• “Speaking Confidentially: What You Need to Know About Confidentiality in Mediation,” The Recorder Litigation Supplement, August 2007
• “Settlement Cracks: A New Ruling Puts an End to Court Ordered Mediation” The Recorder Arbitration and Mediation Supplement, March 2007
• “Overcoming Obstacles to Settling Real Estate Disputes” The Real Property Section of the Bar Association of San Francisco, November 15, 2006
• “Judicial Reference: A Better ADR Alternative?” ABTL Report, Vol. 15. No. 2, Spring 2006
• “Effective Advocacy in Mediation or How to Let the Other Side Have Your Way, ” State Bar of California Annual Meeting, September 10, 2005
• “Getting Down to Business,” The Recorder, March 7, 2005
• “Mediation Strategies: A Business Lawyer’s Guide to Successful Negotiation,” State Bar Section Education Institute, January 29, 2005
• “Mediating a Complex Construction Defect Case,” California Real Property Journal, Vol. 22, No.3, Summer, 2004
• “ADR Strategies and Tactics for Complex Litigation” State Bar of California Business Law Section Spring Meeting, May 13, 2004
• “Mediation Confidentiality - Current Status and Policy Choices,” 10th Annual ADR Policy Conference sponsored by the California Dispute Resolution Council (November, 2003)
• “A Dialogue on Rojas v. Superior Court,” The Mediation Society (September, 2003)
• “Mediation Process Can Settle Even ‘Hopeless’ Cases,” San Francisco Daily Journal, March 6, 2003
• “The Evolution of a Mediator,” Bar Association of San Francisco Mediation Committee November, 2002
• “Current Trends in the Arbitration and Mediation of Real Estate Disputes,” California Real Property Journal, Vol. 16, No.3, Summer, 1998
• “Convincing the Client to Mediate,” The Recorder, September, 1994
• “Glossary of Casualty and Liability Insurance Terms,” California Real Property Journal, Vol. 6, No. 1, Winter, 1988; revised and republished in Commercial Leasing, Vol. 6, No. 2, July, 1993; Vol. 6, No. 3, August, 1993; Vol. 6, No. 4, September, 1993


 

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