After forty years litigating in California and the U.K., Malcolm Sher transitioned to full time mediation. He specializes in mediating high emotion and cross-cultural disputes involving “dirt, buildings and the people who handle them”. He has resolved hundreds of real property, (including boundary disputes and partition actions), commercial and residential landlord-tenant, business, contract, secured financing, partnership, trust/estate, elder abuse, professional liability, (brokers, lawyers and CPAs), insurance cases as well as personal injury cases involving real property and employment disputes.
A law graduate of the University of London, he is admitted in both California and the United Kingdom. For eleven years, he authored the Annual Supplement to CEB “Real Property Remedies and Damages” book and now co-authors the ADR section of that treatise.
Malcolm has undergone hundreds of hours of mediation and arbitration training including “Mediating the Litigated Case” at the Straus Institute for Conflict Resolution at Pepperdine University, a symposium at the Harvard Negotiation Project and Steve Rosenberg’s Basic and Advanced Mediator Training courses. He has given numerous seminars on mediation and negotiation for CEB, Lorman Education Services, San Francisco, Contra Costa, Alameda, and Sonoma Bar Associations. He is a foundation member of the California and National Academies of Distinguished Neutrals and has an “A-V” rating in Martindale.
Malcolm believes that disputants who are treated fairly, with respect and dignity are empowered to fashion their own “win-win” solutions. He utilizes a flexible, improvisational approach and is willing to be “evaluative”, to explore “what-ifs” and ask probing questions to assist parties and their counsel to identify risks and benefits while gently encouraging them to face reality and shape creative solutions.
Says Sher, “I believe that culture, gender and personality impact disputants’ perception of rights and obligations and influence negotiation style and conflict resolution, and that disputants who are treated with dignity and respect become empowered to fashion their own ‘win-win’ solutions. I am flexible about process and improvisational in my approach. I am willing to be “evaluative”, explore “what-ifs”, ask probing questions and offer “reality checks”. I am never “directive” because I think that undermines clients’ rights to self-determination. In convening a mediation, I discuss efficient, cost-effective suggestions for pre-mediation discovery designed to meet the needs and budgets of parties. As my many testimonials show, I have a reputation of being qualified, competent and well-prepared.”
Holborn College of Law
London University (L.L.B. [Hons.] 1969)
ADR Training and Teaching:
- Straus Institute for Dispute Resolution at Pepperdine University, Malibu, California, “Mediating the Litigated Case”
- Steven Rosenberg, “Mediation Training” (2002) and “Advanced Mediation Training” (2003)
- Multiple seminars and workshops given by ADRNC
- Hastings Center for Dispute Resolution
- American Arbitration Association
- International Academy of Mediators Symposium at Harvard University, (April 2006)
- Contra Costa, Alameda and San Francisco Bar Associations and State Bar of California
- University of California Extension –Teresa Cary Training- guest presenter on “Cross-Cultural Mediation”
- Bar Assoc. of San Francisco – presenter “Mediation is a Process, Not An Event”
- Over 18 years as a mediator and arbitrator servicing Alameda, Contra Costa and San Mateo County Bar Associations
- State of California and local bar associations’ Mandatory Fee Arbitration Programs
- Member of The California Academy of Distinguished Neutrals
- Member of Association for Dispute Resolution of Northern California and The Mediation Society
Memberships & Affiliations:
- California Academy of Distinguished Neutrals
- National Academy of Distinguished Neutrals
- Association For Dispute Resolution of Northern California, (ADRNC)
- The Mediation Society
- The Law Society of England and Wales
Panel of Mediators and Arbitrators:
- Contra Costa, Alameda, San Mateo, San Francisco, Sonoma, Solano and Yolo Counties
- State Bar of California Executive Committee on Mandatory Fee Arbitration, 2009-2015
- Contra Costa Bar Association MFA Committee and Client Relations Committee
- State Bar of California Litigation Section ADR Committee
- California State Bar, 1976
- U.S. District Court, Northern and Central Districts of California, 1976
- U.S. District Court, Northern District of Texas, 1990
- Solicitor of the Supreme Courts of England and Wales, 1972.
More than 36 years as a civil trial lawyer, emphasizing real estate, commercial, business, labor and employment, professional liability of real estate agents and brokers, attorneys, accountants, and design professionals, personal injury, (including auto, premises liability and product liability).
“Real Property Remedies Practice” (CEB) annual Supplement 1985-2002; currently Co-author of publication’s ADR section. Frequently published articles in San Francisco and Los Angeles Daily Journals, Mediate.com and local bar association journals.