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STEFAN
MASON ESQ.
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Experience: Private law practice in Los Angeles, Ca1if. as President.
Stefan M. Mason. a Law Corp., 1979--; Partner, Munger, Tolles & Olson.
1970-79; Associate, Munger. Tolles, Hills & Rickershauser, 1969-70.
Participant/Memberships/Awards: Member, Los Angeles Police
Commission's Board of Rights hearings as a Commission Hearing Examiner.
1994-97; certified mediator and panel arbitrator for American Arbitration
Assn.; Society of Professionals in Disputes Resolution (member. Membership
Committee, 1995). 1991-; Southern Calif. Mediation Assn., 1992; National
and Calif. Employment Lawyers Assns., 1987; American Employment Law Council,
1993; American Bar Assn. (member, Individual Rights and Responsibilities
Section, 1990--; Committee on Labor Arbitration and the Law of Collective
Bargaining Agreements, Labor and Employment Law Section. 1976--); Los
Angeles County Bar Assn. (member. ADR Section. 1993; Ethics Committee,
1974-77; Client Relations and Fee Disputes Arbitration Committee, 1974--;
Labor and Employment Law Section, 1976--; Executive Committee, 1984-);
Beverly Hills Bar Assn. (member, Labor Law and ADR Sections, 1994--);
Century City Bar Assn. (member, Labor Law Section, 1980--); International
Academy of Mediators, 1997--.
Teaching/Publications:
Visiting Lecturer, Univ. of Calif. Los Angeles School of Law, 1985; Calif.
State Bar lecturer for MCLE credit in Employment Discrimination Litigation.
Contributing Editor, Calif. Practice Handbook . “Employment Discrimination
Litigation,” Matthew Bender, 1992: Co- author, "Public Policy
Wrongful Termination Actions.” Los Angeles Lawyer. Oct. 1992.
Education:
J. D. ( 1967, Order of the Coif, Editor in Chief, UCLA L. Rev.) Univ.
of Calif. Los Angeles School of Law; B.A. (1962) Dartmouth College, Hanover,
New Hampshire.
Admission:
Admitted to Calif. State Bar in 1967; also admitted to U.S. Supreme Court,
1983, and U.S. Court of Appeals, Ninth Circuit, 1979.
Office
Address:
Law Offices of Stefan M. Mason, Esq.
886 Cheltenham Road
Santa Barbara, CA 93105
Telephone: 805.687.7147
Also
on the panel of MA.
Holds certifications of training in mediation from Pepperdine University
School of Law and the Center for Dispute Resolution.
Specializes in labor and employment law disputes.
ATTORNEYS'
COMMENTS
Demeanor/Personality
Stefan
Mason was described by respondents as a "very calm” person
who is "not overbearing,” and is able to instill confidence
in litigants. "He makes the parties think he is listening to them
- because he is - but also that they are heard. He is sensitive in that
respect." "He presents a calm. reasoned persona.” “He
knows what the attorneys and parties are going through and you are somehow
reassured that he understands, that he empathizes with you.” “He
is very calm and his calmness is contagious.”
Knowledge/Expertise
This
neutral is known for his employment law expertise, and the interviewed
people who brought him employment cases said they were satisfied with
his knowledge of the field. “He is excellent with the law. He keeps
up with all the aspects involved in employment law - not only the employment
law, but also the ADR aspect. He is current on both. “It was not
the type of situation where I found myself trying to educate the mediator.”
Another employment law specialist from a well-known California firm confirmed,
“He recognized the issues and knew the law.”
Efficiency
Most
of the attorneys who were polled related that cases involving employment
law seem more prone than most to run late, and he will go the distance.
“It does take time to allow the parties to have their say.”
“One of mine went until 2:00 a.m. and another until 10:00 p.m.”
“It takes a while with him. The presentation in the beginning can
get long.” “The earliest I've gotten out was 10:00 p.m.”
“We went from 11:00 a.m. to 10:00 p.m. and while he did bring in
lunch - he will do that - we got no dinner, so we all ate very late that
evening, but we did have a settlement!”
In
Arbitration
Most
of the attorneys interviewed had mediations with Mr. Mason, but one plaintiffs’
lawyer did volunteer, “He is an exceptional arbitrator in employment
cases."
In
Mediation
The plaintiffs' attorneys who were surveyed rated his skill with
mediation somewhere between “good,” and “exceptional.”
“He is an exceptional mediator in employment cases.” “Although
he is not my first choice, he does a good job.”
Several defense attorneys compared him favorably to retired judges.
“He is much more effective than retired judges who tend to try to
make a decision, whereas he tries more to mediate.” “He has
training and a lot of experience with mediation and employment law, even
more than a retired Judge would have.” “He did a good job.”
“He is a good bet for mediations."
Some defense litigators mentioned that he does not automatically
go after the one with the money. “If there is no liability for the
employer, he might give a cost-of-defense argument but he won't take a
how-deep-are-your-pockets approach.” “The defense was offering
real money so he didn't manhandle us. He concentrated his efforts on the
plaintiff.”
Pre-hearing briefing was not wasted on this mediator, according
to respondents. “We filed pre-hearing, confidential mediation briefs
and he did read them.” “He is generally familiar with the
law but it's your job to lay it out in the brief.”
Mediations were said to being with a short group meeting during
which the parties could air their grievances. “There was a short
plenary session with opening statements and the parties were able to vent
and feel they'd been heard.” “He knows the plaintiffs self-worth
is often involved in their job and he is helpful in dealing with that.”
“He realizes mediation is a substitute for the parties’ day
in court, so he lets them look each other in the eye and say, “You
wronged me!” “There was a presentation at the beginning. First
the plaintiff spoke, then the plaintiff’s attorney, then the defense
attorney, then the defendant, and it took about two hours.”
Once the mediation is rolling in earnest, it was reported that
he concentrates on calmly explaining the realities of the case to the
parties in “shuttle diplomacy” fashion. “He would say,
‘Having looked at the case, I'd rather have their side,’”
“He sees the major purpose of mediation as being to calm down the
parties so a fair amount of time was spent discussing the strengths and
weaknesses.” “After the initial presentation, he breaks everyone
into groups.” “He provides a non-emotional, reasoned approach.”
Tenacity and reasonableness were considered to be the hallmarks
of this mediator's style. “He works very, very hard and keeps all
the parties talking.” “When all looks lost, he doesn’t
give up.” “He is very dedicated. All three of mine settled,
but not until after long hours. One even went until 2:00 a.m.!”
“Even though he had another very intense mediation the next day,
he still stayed until 10:00 p.m. to get our case settled.” “He
knows people change their minds if they're allowed to go and come back
the next day, so he keeps you there and makes sure everyone signs the
documents before they leave.” “He is not abusive. In fact,
he is pretty sensitive and he lets the parties talk to one another.”
“He has a pretty reasonable approach. He isn't rough.” “He
spent a lot of time pressing the law and reasoning with the lawyers.”
“He didn't have to manhandle us because we came in reasonable. The
defense had real money on the table and he explained that to the plaintiff.
I'm not sure whether he used force with my opponent but he did close a
large gap.” “He doesn't seem the type to be overbearing.”
Several attorneys reported leaving their mediations without having
1earned his opinion. “He is not an ‘evaluative’ mediator.
He is not inclined to suggest a value even if the parties are deadlocked.”
“In one of my cases, the parties were deadlocked and he did not
give his opinion but we were so far apart, it was appropriate that he
did not.”
One attorney was also grateful for a bit of his advice. “He
advised me in private that the parties may get mad and say some difficult
things but that I shouldn’t respond in kind. It was good advice
and important to remember.” Another was grateful for his ability
to protect confidences. “He has to be good with keeping confidences.
It's part of his job, but he does keep them and he gives a spiel in the
beginning about how he will do it. But, to be safe, always tell him if
something is confidential and he will keep it that way."
Proclivities
There was general agreement among respondents from both sides of
the bar that Mr. Mason is unbiased. “He is neither pro-management
nor pro-emp1oyee. He seems to evaluate the case on its merits.”
“He is very good and very fair.” “He has done both sides
of employment cases. He has represented management and represented employees.”
The defense attorneys who were interviewed conceded that Mr. Mason
has litigated on behalf of both sides, but most opined that this worked
to their advantage because he knows both sides of the fence, and it gives
him credibility with both sides. “He was with Munger, Tolles &
Olsen, and he had more of a background representing employers, but he
stopped fifteen or so years ago. On my last case, the plaintiffs' attorney
recommended him.” “In one case, opposing counsel knew him
personally and had litigated against him in the past. They had a lot of
respect for one another but that didn't play to my disadvantage. In fact,
it might have worked for me because he already had credibility with my
opposing counsel.”
Availability
He was considered to be “busy” by interviewees, but
no one complained that they could not get a date within a reasonable time.
“He is busy but he’s fine about setting a date. He is willing
to work with you and you can usually get a date within a month, earlier
if there’s been a cancellation.” “If you have trouble
with the terms of the settlement after the hearing, you can go back to
him.” “Karla, his assistant, is on the ball and gets you the
information needed right away. She returns calls immediately.”
Cost
There were no complaints about his fees. “His cost is comparable
to others, and even less than a retired judge.”
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