Ralph G. Martinez has balanced experience in both plaintiff and defense law firms.

For the Plaintiff

Ralph G. Martinez was an associate and principal attorney of the prestigious catastrophic injury trial firm of Hunt, Colaw and Adams, Inc. in Santa Ana, California.

For the Defense

Ralph G. Martinez also was an associate trial attorney in the business department of the established Bakersfield law firm of Clifford Jenkins & Brown (now Clifford & Brown).

Commercial Disputes

Negotiated and prepared IT support/development for major national software company subcontract services. Prepared contracts for software and memory Internet and Internet mall sales. Formed profit, professional and nonprofit corporations, limited liability companies, partnerships. Drafted shareholder stock restriction agreements, operating agreements and buy/sell agreements. Prepared employment agreements, consulting agreements, independent contractor agreements, branch operations agreements.    

Real Estate

Mr. Martinez also was an associate trial attorney in the business department of the established Bakersfield law firm of Clifford Jenkins & Brown (now Clifford & Brown).  There he represented agricultural cooperatives, oil companies and ancillary subcontracting companies to the oil industry, developers, banks and local businesses. In one instance, Mr. Martinez handled the foreclosure and interim placement of a receiver in multiple high-rise office buildings where the developer/owner was skimming rents for other projects. Ralph Martinez more recent law practice is decided weighted in real estate matters, particularly cases involving title claims, nondisclosure or purchase/sale.

Personal Injury/Legal Malpractice

Over approximately seven years, Ralph G. Martinez was an associate and principal attorney of the prestigious catastrophic injury trial firm of Hunt, Colaw and Adams, Inc. in Santa Ana, California.  He handled Plaintiff personal injury and business tort cases through trial and appeal.

Agrobusiness

Mr. Martinez handled crop damage cases, boundary line disputes, and land use issues as well as represented agricultural cooperatives and land owners.

Real Estate

Mr. Martinez represented residential buyers, sellers, brokers, agents, escrow companies, appraisals, inspectors, title insurance companies, lenders, landlords, property managers and lienholders. Any aspect of selling or buying real estate (residential or commercial) has probably been handled by Mr. Martinez.

Personal/Catastrophic Injury

Over approximately seven years, Ralph G. Martinez was an associate and principal attorney of the prestigious catastrophic injury trial firm of Hunt, Colaw and Adams, Inc. in Santa Ana, California.  He handled Plaintiff personal injury and business tort cases through trial and appeal. Automobile vs. automobile collisions (single or multiple), pedestrian vs. automobile collisions, product liability claims, premises liability,  emotional distress claims, loss of consortium, dog bites, public entity liability and immunities, amputations, minor’s injuries and settlement approvals, liens and fee claims have all been handled by Mr. Martinez.

Title Cases

Mr. Martinez represented owners in easement cases for prescriptive easements, equitable easements, boundary line adjustments, trespass and deeded easement use or encroachments. He established and foreclosed on mechanics’ liens.  Mr. Martinez represented individuals and financial institutions in priority of lien cases and claims of fraudulent conveyances and fraudulent transactions.  He represented a national title insurance company, banks, developers, contractors, subcontractors, property owners (residential and commercial).

Commercial Dispute

Mr. Martinez negotiated and prepared IT support/development for major national software company subcontract services. He prepared contracts for software and memory Internet and Internet mall sales. Mr. Martinez formed profit, professional and nonprofit corporations, limited liability companies, partnerships. He drafted shareholder stock restriction agreements, operating agreements and buy/sell agreements as well as prepared employment agreements, consulting agreements, independent contractor agreements, branch operations agreements.

Mr. Martinez represented businesses, business owners and entrepreneurs in contract disputes, breach of contracts, unfair competition and fraudulent transactions.  Light industrial, professional services, financial services and corporate governance issues are included as subjects with which Mr. Martinez has represented clients.

Legal Malpractice

Mr. Martinez handled Plaintiff personal injury and business tort cases through trial and appeal. A notable 1992 Orange County Superior Court case tried by Mr. Martinez was Kagasoff vs. Montejano, in which he obtained a jury verdict of $1,774,000.00 for plaintiff in a legal malpractice case against a twice Presidential appointee defendant attorney for failure to prosecute a legal malpractice case against a tax attorney for negligent representation in the off-shore, leveraged buy-out of plaintiff’s business. Mr. Martinez has served as an expert witness to establish the standard of care in legal malpractice cases. 

1. Full attention and investment in solution

• It’s not just fielding (positional bargaining) offers.
• It’s Identifying interests.
• It’s considering creative solutions.
• It’s measuring practical realities and reasonable expectations.

2. Review the court file in advance of first meeting to know the level of contentiousness and engagement.

3. Talk to each party’s attorney

4. Get to know everyone by the paperwork

6. Solution based

• Looking for win-win solutions.
• Adjusting expectations to reality, measuring cost of no solution and potential remedies to problem.

7. Close

• Encourage and persuade to adopt a solution and avoid imposed solution.
  

For almost four decades mediation has been the preferred way to settle cases.

What Is Mediation?

When people mediate disputes, they meet informally with their attorneys to explore settlement with the help of a “neutral” or mediator who is usually a judge or an attorney.  Mediation is binding only if the parties reach an agreement during the meeting. The parties choose the mediator and schedule the mediation at their convenience.  Usually the parties split the cost of the mediator and the fees of any administrator of the process.  There are companies who provide panels of available mediators to parties, as well as individual, private mediators from which parties may choose.   

Mediation in the USA.

Attempting to resolve a conflict to avoid a solution being imposed is an old method expressed in ancient history by all cultures across the globe.

In the United States, mediation became preferred over litigating to trial after 1984.  At that time, United States Supreme Court Chief Justice Warren E. Burger recognized there must be “a better way”.  In a 1984 speech to the ABA, Justice Burger said:

We Americans are a competitive people and that spirit has brought us to near greatness.  But that competitive spirit gives rise to conflicts and tensions.

Our system is too costly, too painful, too destructive, too inefficient for a truly civilized people.  To rely on the adversary process as the principal means of resolving conflicting claims is a mistake that must be corrected.

The trend toward mediation was launched and continues to this day.  The percentage of filed cases in the United States that go to trial has been shrinking for decades.  In 1962 of the cases filed in America, 11% went to trial.  Twenty years later in 1982, that percentage dropped to 2%.  In 2009 only 1.2% of cases filed went to trial.

Why Mediate Early?

• Mediation fosters mutual problem solving. Trials further a win/lose environment.
• Mediations are less expensive than a trial.
• Self-determined solutions are usually more satisfying and actually performed more often than imposed solutions.
• Mediation is private and informal. A courtroom is public, formal and adversarial by design.
• A mediator is chosen by the parties. In trials, the judge is appointed by others.
• Mediations result in creative solutions that could never be considered by a Court.
• Mediation agreements frequently are confidential. Trial judgments are public records.
• Mediations are scheduled at the parties’ convenience. A trial date is set by the Court.
• Mediations involve dramatically less stress than a trial.
• If the mediation is not successful, it still can serve a useful purpose. Parties learn about each other. The number of disputed issues can be reduced. The gap to eventual settlement of the entire case can be narrowed.

Know the Style of Your Mediator.

Some mediators are “directive”.  This type of mediator acts more like a consultant to each side, giving opinions about the case and recommending what they should do to settle.  Other mediators are “facilitators”.  They spend more time identifying the interests of the parties and helping the parties explore settlement options.  Both styles can produce a settlement.  However, parties are more committed to facilitated settlements and express more satisfaction with the process.

Choose A Mediator Who Knows Your Industry or Subject.

Cases can be mediated with a settlement judge at the court house.  However, sitting judges do not have the concentrated time offered by a private mediator.  Retired judges were almost exclusively required by institutions in the past.  Not today.  Parties today want a mediator (whether a judge or an attorney) who is familiar with the subject matter of the dispute.    Private mediation by attorneys with experience and knowledge in the area of the dispute is becoming more and more popular.

Ralph G. Martinez, Esq., Mediator.  Mr. Martinez has broad experience as a transactional attorney and a trial attorney.  The subject matters with which Ralph Martinez is familiar include real estate transactions and title issues in both residential and commercial fields, commercial transactions, nonprofit organizations and personal injury claims.  He has been associated with both plaintiff and defense-oriented firms.  Check out the listing of case descriptions handled by Ralph Martinez at Experience.  Mr. Martinez has had extensive training in facilitative mediation.

"I have had the opportunity to litigate both with and against Mr. Ralph Martinez on several occasions. The words I would use to describe his style and practice are 'indefatigable', 'articulate', 'intelligent', 'velvet glove over a steel fist', 'diligent', 'careful', 'considerate', and above all 'professional'. He is able to obtain the respect of opposing counsel while he is thoroughly dismantling their case. Mr. Martinez is and has been a lawyer whom I would choose to represent myself and members of my family; coming from a trial attorney such as myself, there is no higher praise."

— Mark Sayre, Esq., Partner, Foley & Mansfield, Los Angeles, CA

“God bless you. Thank you again.”

"I thank you for your excellent job! You were very professional but at the same time very compassionate. Sometimes, people get caught in what they are doing and they don't see the person in front of them. You were there for me always, so don't lose this precious quality! I will recommend you highly. God bless you. Thank you again."

— Tamara Vilkin

“the delivery was bullet-like and the results were stunning”

"Ralph Martinez was aware of and dedicated to not just ensuring we 'won the battle, but in strategizing to win the whole war' and its importance on every aspect of our ongoing business. The issues were well thought through, the delivery was bullet-like and the results were stunning. It is clear Ralph Martinez is not merely a skilled, accomplished and highly successful attorney, but a fully capable business consultant and advisor."

— Roger Howland, President/CEO, The Job Dr., Inc., Aliso Viejo, CA

“He made the process of creating a public charity do-able”

“After dragging my heals for several years, I engaged Ralph is assisting me to create a non-profit corporation. I have really enjoyed working with Ralph. He made the process of creating a public charity do-able. I highly recommend working with Ralph for any corporate legal issue.”

— Ed Rigsbee, CSP, CAE, Keynote Speaker, Author, Consultant & Non-Profit CEO

“handles his practice with the utmost dignity”

“I endorse this lawyer's work. One cannot say enough about Ralph's integrity and knowledge of the law. Ralph is an exceptional attorney who handles his practice with the utmost dignity and professionalism. Any client in need of a sensational attorney will be pleased to have Ralph Martinez on their side.”

— Rosemary Amezcua-Moll, Business Attorney

Schedule a Mediation

Mediations can be scheduled anywhere in the United States of America.

ADDRESS & PHONE

Orange County
23041 Mill Creek Drive
Laguna Hills, CA 92653-1257

Ralph G. Martinez
P: 949-586-0123     F: 949-586-1033
ralph@martinezmediation.com 

We are constantly working to raise the bar on our services. If you have any questions or concerns, please let us know.