» Mediation

Mediation is a process where the mediator assists the parties in the negotiation of their differences.  The parties meet with a mutually selected impartial and neutral person who, through his insights and experience, helps the parties to negotiate their differences.  The mediator helps to bring the parties together by defining issues and eliminating obstacles to communication, while moderating and guiding the process to avoid confrontation.  It is a facilitated process where the mediator will seek concessions from each side during the process. Mr. Cullen teaches mediation and negotiation at Santa Clara University and is an expert in:

• Effective mediation techniques.
• Best practices in negotiation and mediation.
• Mediation negotiation strategies.
• Getting past impasse.
• The development of creative settlements.

» Arbitration

Arbitration is the most traditional form of private dispute resolution. Arbitration is a binding procedure where the parties in a dispute refer it to one or more persons (the arbitrator or a panel of arbitrators), by whose decision they agree to be bound.  Mr. Cullen has arbitrated many cases as an individual or as part of a panel and has expertise in the process and substance of arbitrations.  This includes:

• Arbitration skills and strategies.
• Managing the arbitration process.
• Leading arbitration case law and statutes.
• Streamlined arbitration rules.

» Special Master and Discovery Referee

The role of the Special Master is to supervise and manage complex cases.  They are appointed by a court under state or federal rules and help with pretrial and post-trial matters under circumstances when the assignment "cannot be handled effectively and in a timely fashion" by an available judge (Federal Rule of Civil Procedure 53; see also California Code of Civil Procedure (C.C.P.) sections 638-645.2.).   At a basic level they manage discovery, scheduling and help insure a cost effective approach to complex litigation. Special Masters can help judges resolve complex cases.

Mr. Cullen is well known for his ability to establish great rapport with lawyers and clients and for his persistence in getting parties together. He gives his undivided attention to managing and resolving each case, a requisite to resolving particularly complex, multiple party disputes.