Striving for Resolution for all Parties
Striving for Resolution for all Parties
Thomas J. Tobin, Esq., President and Chief Executive Officer of Autruist Resolutions, Inc., is the primary mediator for the company.
In June of 2023, Mr. Tobin transitioned away from a civil litigation practice of over 25 years, in which he litigated matters in a number of areas including mass tort, chemical exposure, agricultural busines
Thomas J. Tobin, Esq., President and Chief Executive Officer of Autruist Resolutions, Inc., is the primary mediator for the company.
In June of 2023, Mr. Tobin transitioned away from a civil litigation practice of over 25 years, in which he litigated matters in a number of areas including mass tort, chemical exposure, agricultural business, crop loss, commercial matters, employment disputes, personal injury, real estate, environmental, and general litigation issues. As a litigator, Mr. Tobin participated in over 300 mediations as an advocate and also played a facilitator role in more complex matters as lead defense counsel.
Mr. Tobin obtained his undergraduate degree in Classics from Princeton University in 1993 and his law degree from George Washington University in 1996. In 2018, he completed the intensive course for mediators at the Pepperdine University Straus Institute for Dispute Resolution.
When not mediating matters, Mr. Tobin serves as a consultant to an individual and related entities in the professional golf industry.
Those familiar with mediation may have heard the old adage that the sign of a successful mediation is that everyone leaves the table a little bit unhappy after having reached a resolution. Mr. Tobin always found that to be a pessimistic view.
His primary goal as a mediator to make the individual parties heard in the process in order to give them the leading role in working towards an agreement. As a mediator, he serves as a guide for the benefit of those individual participants on their journey towards concluding their litigation.
A successful mediation can hinge on the events that occur prior to the mediation session itself. Pre-session events include the submission of briefs well in advance of the mediation date and no less than seven days before the session. I leave it to the participants and their counsel as to whether the parties exchange their briefs or designate them confidential.
Prior to the submission of briefs, an attorney pre-mediation conference call, whether with all counsel together or separate calls with individual counsel, will be serve the overall success of the mediation and is included in the mediation fee. An initial discussion to provide information the attorneys find helpful to the mediator in advance of the actual session will promote a more efficient mediation session.
During the actual mediation session, the parties decide whether a group caucus at the outset, or at any time during the mediation session, is productive. In terms of maintaining the confidentiality of discussions on an ex parte basis, the parties dictate the extent to which the mediation will convey information to other parties, whether confidential or not. This establishes trust and provides a comfort level to the participants that no confidential matter will be conveyed to other parties, unless the parties or their attorneys request it.
While the mediation privilege is certainly in effect throughout the mediation process, in my view, it is important for the parties and their attorneys to know that they are the arbiter of what is disclosed to the other parties.
In the event the matter does not resolve during the mediation session and the parties request continued involvement by the mediator, I will continue to work with the parties to work towards a resolution, as indicated below.
Autruist Resolutions offers a wide variety of mediation options to suit the needs of individuals involved in litigation, pre-litigation, and other non-binding disputes. Currently, the mediation services Autruist Resolutions provides are via remote appearance.
While Mr. Tobin is located in North County San Diego, he has practiced throughout the State of California and is amenable to providing remote mediation services throughout California, or in other jurisdictions, should the need arise.
Should the parties desire and agree to an in-person mediation at the location of the parties’ collective choosing, Mr. Tobin would be amenable to this as well.
All mediation fees include mediator review of briefs submitted at least one week in advance of the mediation session, pre-mediation conference(s) of attorney, and any other individual discussions requested by the parties prior to the session.
Prior to scheduling the mediation, the parties must submit a service list which includes counsel and the involved and/or interested parties in order for the mediator to notify the parties of any conflicts of interest. Also, counsel must identify those with authority to resolve on behalf of each party.
The following are the durations and rates for the various mediations offered:
● Half-day, weekday mediation (4.5 hours) -- $5,000.00
● Full-day mediation (8 hours) -- $9,500.00
● Early morning, evening or weekend mediation (Up to 4 hours) -- $5,000.00
● Off-site mediation includes additional time for travel and agreed upon expenses
● Post-Mediation Conferences — $400.00 per hour
● Cancellation Fee/Deposit — $1,000.00 (refundable if canceled 21 days before scheduled mediation date)
To schedule a mediation by telephone, contact Mr. Tobin or the office administrator at 619-838-4292
To schedule a mediation online, please email Mr. Tobin at tjtobin@autruistresolutions.com to request available dates.
If you have any questions about the mediation process or need to arrange a pre-mediation conference, please do not hesitate to contact Mr. Tobin at 619-838-4292 or via email at tjtobin@autruistresolutions.com.
Autruist Resolutions, Inc. -- (619)838-4292
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