Neil R. Bardack, Esq.
Attorney and Arbitrator - General Business, Corporate, Partnership, Technology, Legal Malpractice, Real Estate/Construction, Oil and Gas
San Francisco, California
Hanson Bridgett LLP - Counsel
Attorney and Arbitrator - General Business, Corporate, Partnership, Technology, Legal Malpractice, Real Estate/Construction, Oil and Gas
Counsel, Hanson Bridgett LLP, 2021-Present; Partner/Assistant General Counsel, Hanson Bridgett LLP, 2008-2021; Partner, McQuaid Bedford & Van Zandt L.L.P. (and predecessor firm), 1996-2008; Attorney, Keck, Mahin & Cate, 1996; Associate, Sullivan, Roche & Johnson, 1994-1995; Attorney, Law Offices of Dennis C. Birkhimer, 1987-1994; Of Counsel, Froneberger & Bonner, 1981-1987; Attorney, Rappoport & Lewis, 1979-1981; Partner, Tomlinson & Bardack, 1976-1979; Attorney, Bishop & Barry, 1972-1976.
Private law practice experience primarily in civil litigation, court and jury trials, appeals and arbitrations, in both California state and federal courts encompassing a broad variety of disputes involving corporate shareholder issues, fraud and misrepresentation, contracts, real estate contract disputes and construction defects. And technology disputes involving misreprenting software capabilities. Experience in private law practice was recognized by receiving the Martindale-Hubbell AV Preeminent Rating and being included in Martindale Hubbell's listing for Top Rated Lawyers in Energy, Environmental and Natural Resources.<br/><br/>Additional experience in the niche practices areas of legal malpractice defense: served as assistant general counsel for an AmJur 200 California based law firm; sat on the board of directors of Attorneys Insurance Mutual Risk Retention Group, Inc., a self-insured group of California law firms; settled and arbitrated legal malpractice claims through award. In natural resource matters involving oil and gas leasing, ground water contamination, federal takings claims involving water rights and endangered species, and water rights disputes under federally decreed river adjudications and tribal trust obligations. And representation in HOA common interest development matters, serving on and defending boards of directors in governance issues under the California Davis Stirling Act.
Completed mediator training and was selected as a settlement officer for the San Francisco Superior Court Mandatory Settlement Officer Panel; sworn in as a Judge Pro Tem handling unlawful detainer settlements. Presided over a multitude of settlement sessions as a settlement officer, often achieving settlement at either the end of the session or after follow up with the parties. <br/><br/>Recent matters include:<br/><br/>Two separate wrongful eviction matters with claims for significant damages for condition of premises and the owners failure to maintain in violation of habitability under the San Francisco landlord/tenant ordinances.<br/><br/>Claim by a title company for over $200,000 against former sellers of residential property for alleged fraud in failing to list a deed of trust in connection with the insured transaction.<br/><br/>Resolved three lawsuits in one session between a general contractor and subcontractors.
A mediator with both a varied litigation background and practical experience as a decision maker, I present a well-rounded perspective in crafting appropriate resolutions for everyone at the table. This reservoir of experience can be used to instill confidence with both counsel and client that the mediator's assessment of their case has experiential credibility. It is also important that the litigants understand what can or cannot be achieved through the trial process and the attendant costs, so that they are fully aware of the limits of trial as compared to the practical benefits of a negotiated resolution. My broad experience also provides a deep understanding of the human dynamic factors that both motivate or interfere with a resolution of the matter at hand.
Will conduct hearings through Zoom and in person, as the parties require.
U.C. Hastings College of the Law (JD-1970); University of Southern California (AB-1967).
Admitted to the Bar: California, 1972; U.S. District Court: Northern and Eastern Districts of California; U.S. Court of Appeals, Ninth Circuit; U.S. Supreme Court.
California Bar Association; American Bar Association-Dispute Resolution; Fellow of the American Bar Foundation; Association of Business Trial Lawyers of Northern California; The Mediation Society.
"Calif.'s Post-Sanchez Unconscionability Doctrine," co-author, Law360 (September 2015); "The State Of Arbitration Enforcement In California," co-author, Law360 (April 2014); " In Practice: Supreme Court Strengthens 'Concepcion'," The Recorder (August 2013); "Navigating Unconscionability Post-Concepcion," Law 360 (December 2011)"; "What Executives and General Counsel Need to Know about Drafting ADR Provisions in Contracts," chapter author, STRAIGHT FROM THE TOP: Leading ADR Lawyers Discuss Best Practices for Alternative Dispute Resolution (October 2011);"Do's and Don't's on Maximizing Arbitration," The Daily Journal (October 2011); "Arbitration? Let's Review," Cal Law (February 2009).
Travel time will not be charged on assignments within the United States. Travel expenses will only be charged on assignments outside the State of California.
$495 Per Hour
English, Spanish
United States of America
San Francisco, CA
The AAA’s Rules provide the AAA with the authority to administer a mediation including, mediator appointment, general oversight and billing. Accordingly, mediations that proceed without AAA administration are not considered AAA mediations, even when the parties select an mediator who is on the AAA’s Roster.
The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.
The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.
