Diamond Philip R

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(415) 492-4591Call Visit WebsiteVisit Website Map & DirectionsDirections4040 Civic Center DrSan Rafael, CA 94903 Write a ReviewWrite Review

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Mon - Fri:	9:00 am - 5:00 pm

Diamond Philip R

Divorce
In addition to my mediation experience, my 35+ year civil litigation background covers an extremely broad range of substantive areas, on behalf of both plaintiffs and defendants. Although I believe that a good mediator doesn’t necessarily need subject matter expertise in every case he mediates (with the exception of divorce mediation, which I do not handle), I also believe that substantive experience in the type of dispute at hand does help. There are few areas in the civil dispute arena in which I do not have experience, as a mediator or as a litigator, and in many areas, both. Some of these areas are...

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Phone: (415) 492-4500

Location

Marin North Bay Ctr

Neighborhood

North San Rafael Commercial Center

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Diamond Lee

Diamond Lee, Attorney

Phillip R Diamond Law Offices

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http://www.candell-law.com

http://www.diamonddisputeresolution.com

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Attorneys, Accident & Property Damage Attorneys, Automobile Accident Attorneys, Business Law Attorneys, Business Litigation Attorneys, Construction Law Attorneys, Corporation & Partnership Law Attorneys, Criminal Law Attorneys, Discrimination & Civil Rights Law Attorneys, Divorce Attorneys, Employment Discrimination Attorneys, Family Law Attorneys, Landlord & Tenant Attorneys, Legal Service Plans, Professional Liability & Negligence Law Attorneys, Real Estate Attorneys, Sexual Harassment Attorneys

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Phone: (415) 492-4591

Address: 4040 Civic Center Dr, San Rafael, CA 94903

Website: http://www.candell-law.com

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Diamond Philip R

Divorce
In addition to my mediation experience, my 35+ year civil litigation background covers an extremely broad range of substantive areas, on behalf of both plaintiffs and defendants. Although I believe that a good mediator doesn’t necessarily need subject matter expertise in every case he mediates (with the exception of divorce mediation, which I do not handle), I also believe that substantive experience in the type of dispute at hand does help. There are few areas in the civil dispute arena in which I do not have experience, as a mediator or as a litigator, and in many areas, both. Some of these areas are...

Criminal Defense
In addition, with the exception of certain criminal matters and emergency situations in civil matters, trials have also been put into an indefinite holding pattern. As a result, the
Fraud
Multiple actions for damages by over 400 plaintiffs, represented by 13 different law firms located throughout California, with total claims of over $100 million, filed in 7 California counties and coordinated for all purposes in Marin County Superior Court, against multiple defendants represented by 6 different law firms located in multiple California counties. Plaintiffs generally alleged that they were defrauded in connection with investments they made in numerous real estate projects across the country, as well as in various related entities. Defendants generally denied liability in the civil actions as well as in parallel criminal actions. Defendants were covered by diminishing limits Directors and Officers insurance policies, with starting limits amounting to a small fraction of the total claims, and which continued to erode with ongoing defense costs. Cases settled after in-person mediation session, followed by multiple follow-up phone conferences and email communications over the course of approximately 1 year, during which numerous issues arising out of the multiple, competing claims against the limited and diminishing sources of recovery were addressed and resolved.

Business and Corporate Law

Corporate Law
Action for damages by plaintiff investor/restaurant owner against defendants restaurant and co-owner/chef, for alleged mismanagement by minority owner. Plaintiff also claimed that Defendant co-owner breached shareholder agreement by refusing to convey additional shares to Plaintiff, making Plaintiff majority shareholder, as called for in agreement if certain targets were not met. Defendant co-owner/chef denied mismanagement, and claimed that agreement to make Plaintiff majority shareholder was unenforceable. Settled at mediation.
Business Disputes
Phil Diamond was the featured guest on the weekly Fox News radio program, “Best of Investing” (radio station KNEW, 910 on the AM dial, hosted by Edward Brown) on September 17 and November 5, 2011. Phil spoke about how the mediation process is used to resolve business disputes, the differences between mediation and arbitration, and related issues. To listen to the podcasts of these programs, click on the links below...
Limited Liability Companies
Action for damages between former members of limited liability companies formed to develop and operate gas stations. Properties were sold, leaving approximately $700,000 in escrow to be divided between the former partners. Each claimed that it was entitled to more than half of the net proceeds of sale. Plaintiff claimed that Defendant never made the capital contribution that he claimed to have made going into the projects, and that Defendant misappropriated company funds. Defendant claimed that he made the initial capital contribution, and that Plaintiff made a “sweetheart” deal with a third party for the sale of one of the properties, to the detriment of Defendant. Settled for mediator’s proposal after mediation and follow-up phone calls.

Wrongful Termination
Action for damages for wrongful discharge and failure to reimburse work-related expenses by former maintenance engineer of defendant rehabilitation hospital. Plaintiff claimed that his personal tools were stolen from the workplace, that defendant employer failed to properly reimburse him for them, and that employer thereafter terminated him after falsely accusing him of stealing a desk which plaintiff said his supervisor told him that he could take. Defendant claimed that plaintiff was fully reimbursed for any tools that were stolen, that he wasn’t required to bring his own tools to work, and that he lied when confronted about the missing desk. Settled at mediation.
Employment Discrimination
“I write with pleasure to give Phil Diamond my utmost recommendation as a mediator. Mr. Diamond has served as mediator in a couple of my employment discrimination cases, both of which were difficult cases that he effectively settled. Mr. Diamond is an excellent listener and facilitator. Whereas many mediators attempt to raise their voice or become progressively aggressive, I appreciate Mr. Diamond’s calm, yet in-control, demeanor. The cases in which he mediated, my clients and opposing counsel were quite different, yet he found a way to effectively communicate with all parties involved. Both situations were also emotionally-charged, but Mr. Diamond patiently listened and helped everyone involved to reach common ground. I have also been impressed with his dedication and tenacity to settle cases. Although one of my cases did not settle at the mediation, Mr. Diamond followed-up numerous times with both counsel until we were able to resolve the matter. I wholeheartedly recommend Mr. Diamond for mediation and look forward to working with him in the future. Please contact me if I can be of any further assistance.”
Sexual Harassment
Action for damages for sexual harassment and hostile work environment/constructive wrongful discharge by former restaurant hostess against restaurant and its owner/manager. Plaintiff claimed the manager continuously made sexual advances to her, hugged and kissed her without her consent, and requested sexual favors. In addition to wage loss, Plaintiff claimed to be suffering from Post Traumatic Stress Disorder, requiring ongoing psychological counseling. Defendant denied the alleged acts of sexual harassment, and claimed that Plaintiff quit after receiving verbal warnings regarding her work. Settled at mediation.

Premises Liability
“I had the privilege of utilizing Phil Diamond recently to mediate a premises liability case. It was a fairly complicated matter involving two defendants, with both pre-accident and post-accident injuries having been sustained by the plaintiff. Mr. Diamond was able to grasp the intricacies of the case and help break down the issues. He also has a collegial manner which helped facilitate the discussion between the parties, and the case was resolved. My client and I were very pleased with the results.”
Construction Litigation
Action for damages by purchasers of $2.3M home against developer and general contractor for construction defects and diminution in value arising out of defectively constructed decks, overhangs, and balusters, causing $270,000 in repair costs, and $160,000 in loss of rental income (Plaintiffs had planned to temporarily move due to work requirements, and rent to the subject home during their absence). Defendants disputed the defect claims and the extent of Plaintiffs’ claimed damages. Settled at mediation.
Easement
Land Use and Zoning
Landlord-Tenant Disputes
Commercial landlord-tenant action by owner of commercial building against former tenants for non-payment of rents; cross-claims by tenants for breach of buy-sell agreement and assumption of lease obligations. Settled at mediation.

Auto Accidents
Disability Discrimination
Action for harassment motivated by disability in violation of Fair Employment and Housing Act, and for infliction of emotional distress, by employee against employer and former supervisor. Plaintiff claimed her former supervisor had “befriended” her in order to gain access to her home, so that she could steal Plaintiff’s prescription pain medication used by Plaintiff to treat a medical condition. Defendant employer claimed that it was not responsible for non-work-related conduct of former supervisor and that no act of disability discrimination or harassment had occurred. Both defendants denied liability and disputed nature and extent of Plaintiff’s claimed damages. Settled at mediation.

Trusts and Estates

Probate
“I recently engaged Phil Diamond as mediator for a case involving difficult legal issues in real property, contract and probate law. The case was additionally complicated because of the delicate relationship between the parties and their respective advisors. Mr. Diamond approached his task as mediator with evident fairness, great energy and superior intelligence. He immediately mastered the difficult legal issues. He understood and reacted purposefully to the effects of the relationship and history between the parties. His dogged and amiable persistence brought a result that just would not have been achievable with a less skilled mediator. I did not know Phil Diamond before engaging his services in this case. He was suggested by the adversary attorney. I am very happy that I accepted the suggestion and I look forward to engaging Phil Diamond’s services again.”

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