E3 – Being Prepared for Mediation – Your Day In Court Continues!

As more and more fiduciaries begin to steer their practice more towards serving and acting as trustees, the more likely fiduciaries are to find themselves involved in litigation. Fiduciaries can find themselves in litigation even when they thought the case was straightforward and easy and not a contested matter. This includes conservatorship and probate proceedings. This presentation is a sequel to last year’s 2023 presentation (titled Your Day in Court! Being Prepared for Litigation and Testifying) that addressed the stages of litigation, how a fiduciary can and should conduct their practice in order to protect themselves when faced with litigation, and review of depositions and testifying. In this presentation, we will briefly review the stages of litigation and specifically focus on mediation and understanding the mediation process and the various ways to resolve a case or dispute without proceeding to trial. The presentation will provide various strategies for negotiation, best practices when preparing for mediation and in preparing the client/fiduciaries and managing their expectations, and understanding the mediation process, including the mediation privilege and effect of settlement agreements. This presentation will be geared not only towards the beginner fiduciary, but also the seasoned fiduciary and the attorneys that represent them.

Speakers

Debby Doitch

Debby Doitch

KJMLAW Partners
https://www.kjmlaw.com/

Debby Doitch is a partner and shareholder at KJMLAW Partners where she manages the litigation department focusing primarily on probate and trust litigation. She represents petitioners, objectors, creditors, beneficiaries and trustees in probate and trust proceedings, as well as families in guardianship and conservatorship cases. Debby also serves as court appointed counsel.

Debby is a major proponent of working with fiduciaries and families to help resolve matters when cases become highly contested. Debby also handles a wide variety of civil litigation, including real estate and family law disputes. Debby has extensive trial experience as well as significant success in taking her cases to mediation.

Prior to attending law school, Debby was an ABA Behavioral Therapist, where she worked with children with developmental disabilities.

Outside of practicing law, Debby enjoys spending time with her family, skiing, traveling and volunteering her time in the special needs community.

Jill Judson

Jill Judson

CSC Fiduciaries, Inc.
https://cscfiduciaries.com/

Jill Judson joined CSC in January 2016 and a year later became an owner in the rm. For 22 years, Ms. Judson was a paralegal, specializing in workers’ compensation defense, primarily focusing on the medical side of this specialty. While transitioning to the fiduciary business, Ms. Judson served approximately 30 seniors in the Central Contra Costa area as Care Manager for a non-prot agency. These experiences, paired with the fact that her husband also serves the same aging population, quickly launched her success as a licensed fiduciary. 

Ms. Judson attended U.C. Davis for 3 years majoring in Managerial Economics. She received her Bachelor of Science degree in Business Administration, with a concentration in Human Resources, and a minor in Economics from California State University, Sacramento. She later obtained her Certicate in Paralegal Studies from California State University, Hayward, and in 2015 received her Certicate in Fiduciary Management from California State University, Fullerton. 

In her free time, Ms. Judson enjoys baking, going to Sharks hockey games, as well as the theatre. She enjoys spending time with her husband of 37 years, their two children and their spouses, and most especially their two grandchildren.

Hon. Judge Mary Thornton-House (Ret.)

Hon. Judge Mary Thornton-House (Ret.)

Alternative Resolution Centers (ARC)

Judge Mary Thornton House retired from the Los Angeles Superior Court in September 2018 after serving for 22 years. She has started her third career as a private neutral for Alternative Resolution Centers (ARC). Starting out in the Pasadena Municipal Court handling criminal cases, Judge House quickly transitioned to civil and spent 8 years in probate assignments in Pasadena and the Stanley Mosk Courthouse.

Judge House is also the author of Thomson Reuter’s California Civil Jury Instruction Companion Handbook, updated yearly. Judge House has been honored throughout her career by many organizations. In 2004, Los Angeles County honored her as one of its ‘Women of the Year’ and named Judge of the Year by the Pasadena Bar Association. In 2008, the California Judges Association awarded her the Bernard F. Jefferson’s Award for Excellence in Judicial Education. In 2011, the San Fernando Valley Bar Association awarded her the Excellence in Judicial Administration award for her leadership in getting California’s Expedited Jury Trials legislation passed, the development of the current universal judgment form, and simplification of small claims pleadings. In 2013, the San Fernando Valley Bar Association named her their Judge of the Year.

Judge House was Dean of the California B.E. Witkin Judicial College which provides for education of all judicial officers in California. The college is a nationally recognized institution and exemplar for judicial education where she has been an instructor and seminar leader since 1997. In 2007, Yale Law School selected her to teach at their China Law Center in Beijing, China, courses on small claims and limited civil procedures to selected judges from throughout China.

Judge House was an Assistant City Attorney and civil litigator for the City of Los Angeles. She graduated from UCLA and received her Juris Doctorate from the University of San Diego.