Eric H. Ivary

Mediator/Arbitrator
Neutral case evaluator

Of Counsel
Gwilliam, Ivary, Chiosso, Cavalli & Brewer
1999 Harrison St.
Suite 1600
Oakland, California 94612-3528
Tel. (510) 832-5411 Ext. 236 
(925) 381-9086 (Direct Line)
eric@ericivarymediations.com

In 2001, after 30 years as a trial attorney, I began a career as a mediator and arbitrator.  Over my career, I have had considerable experience as both a mediator and arbitrator, both private and court-appointed.

Cases best suited to my background are medical malpractice, wrongful termination, public entity law and insurance bad faith .  I am capable of mediating or arbitrating almost any type of civil case, my main interest lies in the more challenging cases.

Because I have spent so much of my last 30 years in courtrooms, I believe I am uniquely qualified to provide the kind of insights that can allow litigants to see a way to resolution without having to undergo a costly and often painful trial.

Call me if you think I might help you resolve any of your cases.

For Litigation Experience please click here

BACKGROUND

After 30 years of trying cases, I have decided to devote myself full time to mediating cases for others.  In my litigation career I have participated in over 200 mediations and have seen a great many different approaches.  Because I have spent so many of my last 30 years in courtrooms, I am uniquely qualified to provide litigants with new insights, leading to creative ways to resolve cases without having to go through an expensive, and often painful trial.

ALTERNATIVE DISPUTE RESOLUTION (ADR) EXPERIENCE

Mediator, Arbitrator and Neutral Case Evaluator for civil cases ranging from medical malpractice to construction disputes for the ADR Panels of Alameda, Contra Costa and Santa Clara Counties.

Mediator and Arbitrator for contractual arbitrations, including the Kaiser System and Uninsured Motorist proceedings.

Appointed to the American Arbitration Association Panel of Arbitrators.

Judge Pro Tem for the Superior Courts for three Bay Area Counties since 1989.

Mediator for the United States District Court ADR Program.

Panelist for all of the Alameda County Settlement Programs since 1985.

Panelist for the “EASE”, “SMART”, and “TOT” Programs in Contra Costa County since 1991.

LITIGATION EXPERIENCE

In 1978, I co-founded the firm of Gwilliam and Ivary, now known as Gwilliam, Ivary, Chiosso, Cavalli and Brewer, Oakland, CA.  Until December 2000 I worked principally as a trial lawyer, trying medical malpractice and employment as well as insurance bad faith cases.  I have also tried or handled virtually all other types of personal injury and product liability cases, including aviation accident cases.  I also served as the firm’s Vice President and Managing Partner.


PROFESSIONAL ASSOCIATIONS

Mediation Society

Northern California Mediation Association

American Board of Trial Advocates, inducted 1989.

American Inns of Court, Wiley Manuel Chapter, Senior Mentor, 1999-2000.

Trial Lawyers for Public Justice, Sustaining Member, 1997.

California Consumer Attorneys, (Member, Board of Governors, 1999-2000).

Association of Trial Lawyers of America, (Advocate, National College of Advocacy).

Alameda-Contra Costs Trial Lawyer’s Association, (Board of Governors, 1975-1990),
(Editor of The Verdict, 1986), (President, 1990)/

Alameda County Lawyer’s Club.

PUBLICATIONS

Winning at Arbitration (book chapter) Bancroft Whitney (1992).

Electronic Fetal Monitoring.

Medical Malpractice Jury Instructions.

Punitive Damages in Employment Cases.

Invited Lecturer to Employer Groups and Panelist for Employment Law Seminars.

Other papers and abstracts available upon request.

AWARDS, HONORS

Lawyer of the Year, Alameda County Lawyer’s Club, 1995.

Selected as Evaluator by the CEB Trial Advocacy Program.

State Bar Commendation for Outstanding Contributions to Pro Bono and Voluntary Legal Services.

EDUCATION

Bachelor of Arts, Saint Mary’s College of California, 1968.

Juris Doctor, University of Santa Clara, 1971.

Admitted to State and Federal Courts, 1972

Continuing Education requirements met in all fields, including Advanced Mediation Training for both State and Federal courts.

RATE SCHEDULE

Mediations:

$350.00 Per hour shared equally among the parties absent some other agreement

Arbitrations:

$350.00 per hour for the first day. After that, $350 per hour or $2000.00 per day, whichever is less

All other work:

$350.00 per hour or by agreement

No Cancellation fee

There is no administrative or set up fee, nor is there any minimum charge for unused time.

No charge for travel within 60 miles

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Eric Ivary is of Counsel to the firm Gwilliam, Ivary, Chiosso, Cavalli and Brewer and is engaged in the full time practice of mediations, arbitrations, neutral case evalutions and expert consultation. Eric Ivary is a consumer attorney, recognized for having successfully represented clients who have suffered serious injuries. His extensive knowledge of medical issues and meticulous preparation have resulted in a succession of outstanding verdicts and settlements, even when faced with the toughest of challenges.

A skilled lawyer, Eric's particular areas of expertise are wrongful termination, racial and sexual harassment, medical malpractice, insurance bad faith and cases involving public easing liability. He has also handled almost every kind of personal injury and wrongful death case, including aviation accident cases.

Examples of his cases include:

A $7.6 million jury verdict in a race discrimination case for a young African American manager who was fired because he was the "wrong race." Attorneys fees added by the court resulted in a total verdict of nearly $9 million.

A jury verdict of $1.25 million in compensatory damages for a young homemaker stricken with multiple sclerosis who was denied treatment by her medical insurance company. The verdict against Blue Shield was upheld on appeal and attorneys fees were added by the court, resulting in a recovery of nearly $2 million.

A jury verdict against Macedo Brothers Farms of nearly $1 million for a client who suffered what the insurance company claimed was a minor head injury in an auto accident.

A co-founder of the firm, Eric is past president of the Alameda-Contra Costa County Trial Lawyers' Association. Eric was named Lawyer of the Year for 1995 by the Alameda County Lawyers' Club and nominated in 1997 as Trial Lawyer of the Year by Trial Lawyers for Public Justice. He is also an author, a frequent panelist and speaker, and is a co-author of the legal publication, Winning at Arbitration. Eric has written articles on many topics, such as arguing jury instructions, worker's compensation and how to present medical evidence in jury trials. He has served as a Judge Pro Tem and Bench-Bar Moderator. Eric has tried cases in state and federal courts since 1972.

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