TMS Event Details

Event Title: Mediator Malpractice

Event Type: Society Session


Remmers Global
1 Kaiser Plaza
3rd Floor Suite 350
Noon to 1:30pm



Presenter: Claudia Viera, John Warnloff

Date: Wednesday, May 4, 2016

Time: 12:00 AM


This lively program discusses how mediators have gotten into legal trouble and what you can do to protect yourself in terms of best practices. We will address questions such as: Are you protected by quasi-judicial immunity? When does evaluative mediation become coercion? Is deviation from ethical standards considered malpractice? What are your obligations when you see attorney malpractice or misconduct in a mediation? We will also discuss the implications of a possible amendment to the Evidence Code which would allow the introduction of mediation evidence for claims of attorney-mediator malpractice or misconduct.

This event includes 1 MCLE sub-topic credit for Ethics.n
Discussion Leaders:

Claudia M. Viera is a highly-experienced mediator and is currently the Vice President of The Mediation Society’s Board of Directors. She began mediating full-time in 2004, and has settled nearly a thousand tough cases at the state, federal and appellate level. Her recent mediations include claims of wrongful termination, sexual harassment, race harassment/discrimination, disability discrimination, wage and hour class action, contract, landlord/tenant and business dissolutions of partnerships. Ms. Viera formerly litigated at Littler Mendelson and then practiced briefly as a plaintiff’s employment attorney. These experiences give her a keen understanding of the priorities on both sides of the table. She mediates in both English and Spanish.

Ms. Viera formerly served as the co-Chair of BASF’s Mediation Committee, as well as the President of the board of SEEDS Community Resolution Center. She teaches mediation skills and conflict resolution at SFSU and guest lectures in mediation classes at UC Berkeley and Hastings Law Schools. She has taught employment law compliance programs to thousands of managers nationwide. Ms. Viera also conducts investigations of harassment and discrimination claims in the workplace. She received her law degree from Berkeley Law School (Boalt Hall) and graduated Phi Beta Kappa from UC Berkeley.

John Warnlof is an attorney and ADR neutral with offices in Walnut Creek, California. His practice emphasizes construction, real property and commercial litigation and business counseling to corporations, partnerships and individuals. John arbitrates and mediates real estate, construction defect, personal injury, employment and commercial disputes. John is a frequent lecturer on various ADR topics. He is a past chair of the State Bar ADR Committee and the Contra Costa County Bar Association ADR Section. He is a member of the Contra Costa Superior Court ADR Advisory Committee. John has a B.A. in government from Claremont Mckenna College and a J.D. from Hastings College of the Law.