Education
Harvard Law School, J.D. cum laude
1985
Harvard University, A.B. cum laude
1981
Work Experience
MEDIATOR, ARBITRATOR & ATTORNEY
1992-
Dickstein Dispute Resolution/MEDiate
Mr. Dickstein has mediated a wide
variety of cases to successful settlements (including disputes involving
employment, commercial, contract, real estate, personal injury, tort,
discrimination, malpractice, construction defect, class action and defamation
issues). Examples of his work include: facilitating contract negotiations
between the theater actors of Canada and its major theatres; mediating a
nation-wide wage and hour class action with approximately 3000 class members;
being chosen as one of the mediators to mediate the 900 claims of
discrimination brought against a major financial institution; helping design
the claims resolution process for a complex class action; speaking, writing and
consulting on mediation, negotiation, arbitration and employment issues; and
practicing law in discrete cases that presented a particular challenge.
MEDIATION AND NEGOTIATION INSTRUCTOR
1996-
Stitt, Feld et al. (The Law Schools of the
Universities of Notre Dame, Melbourne and Windsor); The U.S. District Court fo
N.D. CA; Other leading ADR groups
Mr. Dickstein teaches introductory and advanced
classes on mediation and negotiations worldwide. He spends hundreds of hours
each year teaching professional organizations, corporations, judges, attorneys,
executives, academics, professionals, civil servants, HR representatives and
the general public (for details see “Selected Recent Teaching &
Presentations”).
PARTNER
1992
ASSOCIATE 1985-91
Heller, Ehrman, White & McAuliffe – San
Francisco Office
(One of the leading American law
firms, with approximately 600 lawyers worldwide). As a partner, and an
associate, Mr. Dickstein assessed, managed and successfully resolved complex
employment, commercial, contract, immigration, environmental and litigation
issues. His cases varied from large class actions to individual disputes and
from lawsuits to resolve the meaning of a policy affecting tens of thousands,
to solitary contract disputes. He spoke on various legal issues to clients,
industry groups and others and counseled his clients on avoiding the gamut of
problems that threatened them. His clients ranged from major national banks and
corporations to public interest groups, and from a plaintiff class of over 300
people, to individual named defendants.
JUDGE PRO TEM/MEDIATOR
1992-
San Francisco Superior & Municipal Courts
& Alameda Municipal Court
Mr. Dickstein works as a
mediator/settlement judge. He helps the parties define their interests,
understand their legal situations and create common ground sufficient to allow
a settlement of their outstanding disputes. As a trial judge, he hears and
decides cases on a variety of topics which is limited only by the
litigants’ imaginations, and the Small Claims Court’s maximum
jurisdiction of $5,000.00. As an appeals judge, he hears appeals from the Small
Claims Court.
LECTURER IN APPELLATE ADVOCACY
1990
Boalt Hall Law School (U.C. Berkeley) Spring
Semester
Mr. Dickstein taught legal writing, oral advocacy
and sexual discrimination law to first year law students.
Selected Publications
“Arbitration of Discrimination Claims: The
Fog Shrouded the Ninth Circuit”, a summary for the National Employment
Law Institute’s Employment Discrimination Law Update Manual (2001).
“Preparing for, and Attending
Mediation”, a chapter in the Alternative Dispute Resolution
Practice Manual, published by CCH Canadian Limited (2000).
“Mediating Employment Disputes”, a
chapter in the National Employment Law Institute’s 2001 Employment Law
Briefing Manual, 2001 Employment Litigation Workbook, 2000 Employment Law
Litigation Manual and 1999 Employment Discrimination Law Update Manual.
“Revitalizing the International Law
Governing Concession Agreements”, 6 Int’l Tax and Bus. Law 54
(1988 U.C. Berkeley). Excerpted and republished in Weston, Falk &
D’Amato, International Law and World Order (2d ed. 1990).
“Canada’s Example Shows Drawback of
English-Only Laws”, Chicago Tribune, May 13 1997. Republished in
The Contemporary Reader (6th ed. 1998), G. Goshgarian editor
(a college level English text containing notable essays on contemporary issues
by writers that have included Alice Walker, Arthur Schlesinger, Dave Barry,
Maya Angelou, Camille Paglia, Susan Faludi, Cornel West and William Bennet).
Selected Recent Teaching & Presentations
“From International Training to Domestic
Mediation: When Theory Meets Reality”, given to the Bar Association of
San Francisco, ADR Section, San Francisco, California, January 10, 2002.
Intensive Negotiation Training, given to
executive, sales, technical and HR employees at Vertex Corporation, in
conjunction with the Trillium Group, Berwyn Pennsylvania, October 24-26, 2001,
and June 26-28, 2001.
“Arbitration of Discrimination
Claims”, given to the National Employment Law Institute’s
Employment Discrimination Law Update conference, San Francisco, California,
July 20, 2001.
Mediation Training, given to the Farm Income
Programs Directorate of Agriculture Canada, in conjunction with Stitt, Feld et
al., Winnipeg, Canada, June 20-22, 2001.
Negotiation & Mediation Training, given
to the public in conjunction with the Trillium Group and the University of
Notre Dame Law School, Washington, May 15-18, 2001.
Mediation Training, given to arbitrators of
the London Maritime Arbitration Association in conjunction with the Trillium
Group, London, England, May 1-4, 2001.
“Mediation Advocacy”, given to the
National Employment Law Institute’s Employment Law Briefing conference, in
Breckenridge, Colorado, March 1, 2001.
Mediation Training, given to lawyers and
mediators in the litigation and ADR sections of the Washington State Bar
Association, Seattle, Washington, January 22, 2001.
Negotiation Training, given to executives and
lawyers for Amdocs corporation, with Mediation Works Incorporated, St. Louis,
Missouri, December 4-6, 2000.
Advanced & Introductory Mediation and
Negotiation Trainings, given to the public in conjunction with the Trillium
Group and the University of Melbourne, Melbourne, Australia, November 14-17,
2000 (introductory), November 21-24, 2000 (advanced).
Mediation Training, given to retired Court of
Appeals and High Court judges, senior barristers (Q.C.’s) and other
prominent barristers and solicitors chosen for training by ADR Chambers,
London, England, July 3-6, 2000.
Negotiation Training, given to Deans and
academic directors of Centennial college, with Stitt Feld et al., Toronto,
Canada, June 25-27, 2000.
Training for Special Mediation Counsel, given
on behalf of the Federal District Court for the Northern District of
California, to attorneys offering pro bono representation in
Federal Court mediations, San Francisco, CA, June 12, 2000.
“Mediation Advocacy”, given to the
National Employment Law Institute’s Employment Law Litigation conference,
San Francisco, CA, June 8, 2000.
Advanced Mediation Training, given to the
public, with the Trillium Group and the University of Notre Dame Law School,
Phoenix, AZ, March 28-31, 2000.
“The Power of Mediation: What Litigators and
Business Lawyers Can Learn From Each Other”, given to the Marin County
Bar Association, Business Law and ADR sections, San Rafael, CA, March 16, 2000.
“Mediation in the USA and Canada”,
given to the judges on the Victorian Civil and Administrative Tribunal,
Melbourne, Australia, March 8, 2000.
Mediation Training for the Australian Industrial
Relations Board, given to judges and commissioners on the Board, with
Stitt, Feld et al. and the University of Melbourne, Melbourne Australia, March
7-10, 2000.
Mediation and Negotiation Training, given to
the public, with the Trillium Group and the University of Notre Dame Law
School, Cleveland, OH, January 18-21, 2000.
Mediation and Negotiation Training for the
British Dental Association, with the Trillium Group, London, England,
October 20-22, 1999.
“Mediating Equal Employment Opportunity
Disputes”, given to the National Employment Law Institute’s
Employment Discrimination Law Update Seminar, San Francisco, CA, July 22, 1999.
Mediation and Negotiation Training, given to
the public, with the Trillium Group and the University of Notre Dame Law
School, Cleveland, OH, May 25, 28, 1999.
“Mediation and Approaches to
Negotiation”, part of a presentation to Baker & McKenzie law firm
at their firm retreat, San Francisco, CA, May 1, 1999.
Mediation and ADR Panel Memberships
U.S. District Court for the Northern District of
California: Mediation Panel
California Court of Appeals: Mediation Panel
San Mateo Superior Court Multi-option ADR
Project: Arbitration, Early Neutral Evaluation, Mediation, and Settlement
Conference Panels
Santa Clara Superior Court: Early Neutral
Evaluation and Mediation Panels
Marin Superior Court / Marin County Bar
Ass’n: ADR Panels
Contra Costa Superior Court: Pro Tem,
Mediation and Settlement Conference Panels
Merrill Lynch Claims Resolution Process:
Mediation panel for class action of 900 women
Smith Barney Dispute Resolution Process:
Arbitration Panels
National Employment Mediation Services:
Mediation Panel
Professional Activities & Qualifications
National Co-Chair, Workplace/Labor/Employment
Section of the Association for Conflict Resolution (the leading
organization for professionals in dispute resolution – formerly SPIDR)
Bar Memberships and Court
Admissions: Mr. Dickstein has been a member of the California Bar since
1985, and was admitted to practice before the California Supreme Court,
California Trial Courts and Courts of Appeal, United States Court of Appeals
for the Ninth Circuit, and United States District Courts for the Northern and
Eastern Districts of California.
Languages: English and French
