Mediation is an efficient and cost-effective way of using a neutral, experienced attorney like Debra Bogaards to help the parties settle their case.
Instead of drawn-out litigation, mediation offers parties a means of settling their cases without involving the courts. Here, we will discuss why you should choose Debra Bogaards to mediate your client’s case.
Debra Bogaards has the right mix of plaintiff and defense cases in her 37 years as a trial lawyer. As a result of her experience, she can easily understand both sides of each case and has a unique ability to analyze any situation from multiple angles. Both defendants and plaintiffs are often put at ease by her diverse legal knowledge and her respectful, straight-forward approach to mediating their case.
Ms. Bogaards has the ability to talk directly with the claims adjuster on the defense side, having handled tens of thousands of insurance defense cases in her practice. While managing her prior two insurance defense law firms, she met with team managers, claim managers and claims representatives often. She gained their trust and knows what documentation a claim needs to get the highest settlement authority. After 37 jury trials — with only 1 and ½ losses and one bench trial — Ms. Bogaards knows how to calculate the budget for trial expenses and how to evaluate the risks in each case.
As a plaintiff’s lawyer, Ms. Bogaards has handled high-profile media cases and a variety of subject areas. Ms. Bogaards relates well to plaintiffs and understands how their life has been upended by their injuries, wrongful termination, eviction, loss of their parent or business dispute. As a natural storyteller, Ms. Bogaards can communicate well with plaintiffs. Her strength is being down-to-earth, approachable and friendly. Plaintiffs listen when she points to the strengths and weaknesses in their case. Through her directness, honesty and high ethics, she is able to connect with plaintiffs and achieve the highest settlement possible.
Ms. Bogaards has put in three decades of taking depositions and preparing for trials. She knows most of the experts retained by both sides. This subject matter expertise is one reason she is so successful. Read what some of her former clients had to say about her service here.
As a mediator, Debra Bogaards works diligently, making pre-mediation phone calls and other preparations for mediation. She will make charts using numbers provided in counsels’ mediation briefs and exhibits. For example, she will have a chart of the plaintiff’s self-employment income by year, before and after the accident. She will draft a medical chronology to assist with discussions in both rooms. She can also understand business evaluations and disputes. She is very good with numbers, having completed an undergraduate degree in accounting. Ms. Bogaards works hard to understand the details of your case and her rigorous preparation pays off.
Ms. Bogaards is also known for her dogged and persistent follow-up. She makes sure the defense counsel sends out the formal Settlement & Release Agreement within a week. She also follows up with the defense counsel as to the ETA of the settlement check.
Mediation is a process not limited to a half-day or full-day session. However, Ms. Bogaards has settled all of her mediations on the first day, using her mediator’s number in the most difficult of cases. When the parties are polarized on their numbers, Ms. Bogaards will offer — after first getting the consent of all counsel — her mediator’s number. Claims adjusters give Ms. Bogaards a large measure of credibility based on her experience on the defense side (ending in January of 2019) and plaintiff’s counsel and their clients are also happy with her numbers.
Ms. Bogaards helps the parties achieve the best possible outcome, sometimes using creativity to fashion a unique settlement.
In one recent case involving a landlord-tenant dispute, the defendant agreed to pay over 6 figures to the plaintiff, as well as small checks for the college fund of three children in the apartment building.
Sometimes, the plaintiff wants and deserves a formal but sincere apology.
It is her ability to be in the moment and sense if there is a creative solution that makes Ms. Bogaards stand out as a mediator.
For decades, Ms. Bogaards has volunteered in the courts to assist with mandatory settlement conferences before the trial and has mediated numerous cases. She recently completed the Harvard Advanced Mediation Course (June 2019).
Ms. Bogaards will hold the mediation in her conference room and office, located at 177 Post St., Suite 750 near Union Square in San Francisco. Parking is nearby at the White House garage. The Montgomery Street BART exit is 1½ blocks away. She serves bagels, lox and cream cheese in the morning, and refreshments in the afternoon.
Should you prefer, Ms. Bogaards is also willing to travel to your office.
Her rates are $450.00/hr, $1800 for a half-day and $3400 for a full day, including preparation time.
To read more about her success as a mediator, read some reviews from former clients here.
Ms. Bogaards never backs down from a challenge, and her record shows it.
Female student was sexually abused by a male student at a local private middle school. The male student had abused other students in the past.
Disputed sexual molestation of high school male student by female teacher at private school.
Plaintiff was the executive assistant for the CEO of a Silicon Valley tech company for only a few years. She was fired for absenteeism and poor work performance; however, plaintiff had a personal relationship with the CEO’s family and claimed that the personal relationship both interfered with her ability to do her office work and lead to her termination.
Court trial in Marin County for breach of plaintiff’s employment contract as an office manager. Plaintiff had both a personal and work relationship with employer, a medical doctor.
Elder abuse case involving the death of a client’s father at a skilled nursing facility due to neglect, dehydration, and open wounds. Case settled at early mediation.
Elder abuse case involving the death of a fellow attorney’s mother within a month of moving into an upscale care facility in Marin County, because she was not given medications. Expedited settlement within three months of claim.
Wrongful death of the 20-year-old daughter of Renee and Israel Morales in the San Bruno PG&E gas pipeline explosion, with co-counsel John Feder. We were the second case to go to mediation resulting in one of the highest settlements in history. We also accompanied Renee Morales to the PG&E criminal trial over 5 years later.
Wrongful death of 94 year old petite grandmother who ran out into traffic in the middle of the block between parked cars against a red light. Our accident reconstruction expert found no liability- zero-against the driver who hit her.
Partial finger amputation of 8-year-old boy with comparative fault.
Plaintiff was an 85-year-old man attending a weekly Rotary meeting at the DoubleTree Hotel in Livermore. He slipped on wet tiles and broke his femur in four places.
Plaintiff slipped and fell on nacho cheese on the floor at a U.S.F. basketball game, injuring his knee and resulting in arthroscopic surgery.
Wrist fracture arising out of pedestrian/auto accident, no surgery.
Carbon monoxide poisoning case where clients, living in a ranch home in west Marin County, had only one day of exposure and no residual symptoms.
Bicyclist suffered broken wrist injury requiring multiple surgeries in no liability case.
Race car professional suffered neuropathic leg pain when race car driver backed up into him, while standing at metal table in hangar.
Homeowner slips on unsecured tarp in her foyer after coming downstairs and sues her general contractor doing her kitchen remodel. Homeowner suffers a severe elbow injury with surgery.
Cyclist gets doored by rideshare car. Bruising and scarring near eye and hand.
Over 35 years of professional excellence
I recently had to mediate a complex and difficult case, where opposing counsel and I agreed to use Debra as the mediator. I found her to be extraordinarily competent, empathetic and efficient in getting my case resolved.
Debra was very thorough, read through and understood all the materials, and was very well prepared. She privately met with the parties and impressed upon them the risks each of them faced by going to trial. As a result, the parties reached a compromise which was fair, and only accomplished because Debra was able to see the case from a good perspective from both the plaintiff and the defendant’s point of view.
A month before trial, Ms. Bogaards successfully mediated a challenging personal injury case and was able to effectively bridge a vast cultural and legal divide, to broker a settlement acceptable to all.
We were extremely pleased by Debra’s professional abilities and personal attention, and we recommend her without hesitation! If you can imagine a good experience with a lawyer, Debra is it.
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