Hon. Kevin W. Midlam (Ret.)

T: 619-236-1848
F: 619-236-9032
Available nationwide

Hon. Kevin W. Midlam (Ret.) is firmly committed to the concept of early, efficient, and economical disposition of cases. Having spent seven years on the San Diego County Superior Court bench following more than two decades as an attorney, Judge Midlam has the experience and background necessary to resolve complex, multi-party disputes.

Judge Midlam has experience mediating and arbitrating cases in a wide variety of practice areas and industries, including those involving business/commercial, construction, construction defect, employment, and insurance issues. He has also conducted numerous judicial references pursuant to California Code of Civil Procedure § 638 and § 639, supporting litigants and the courts with effective management of complex cases.

He brings a professional yet down-to-earth approach to arbitrations, keeping parties comfortable while making sure to keep cases moving efficiently. In mediations, Judge Midlam encourages parties to work with each other toward resolution, intervening when necessary to facilitate settlement. 

Representative Matters

  • Business/Commercial
    • Arbitrated commercial lease dispute involving determination of lease payments based upon gross sales provision in contract
    • Arbitration of partnership dispute among doctors involving medical fee allocation and accounting
    • Arbitrator for intellectual property dispute between American and international companies over Application Specific Integration Circuits (ASIC)
    • Mediated disputes dealing with allegations of fraudulent lending practices and statutory violations, with parties including mortgage lenders, banks, real estate agents, and brokers
    • Mediated to settlement partnership dissolution between lawyers in matter requiring accounting and distribution of fees
  • Construction
    • Contract dispute arbitration involving developer, general contractor, architects, and engineers over large reconstruction project following major earthquake
    • Dispute over contract in construction of addition to hospital
    • Mediated and arbitrated large construction claim cases dealing with residential, commercial, and government construction projects
  • Construction Defect
    • Claims arising out of sulfate attack on concrete used in 270-unit condominium project
    • Dispute between builder/developer and more than 100 subcontractors over various alleged defects in 2,600-unit condominium project
    • Personal injury claims arising from flesh-eating bacteria in construction defect dispute
  • Employment
    • Resolved employment discrimination matters
    • Served since 1995 as adjudicator of disability retirement claims by employees of large municipality
  • Insurance
    • Mediator and arbitrator for numerous insurance disputes arising from casualty, property loss, personal injury, and product liability claims
  • Professional Liability
    • Arbitrated and mediated numerous professional negligence claims against attorneys, medical practitioners, and real estate personnel

Honors, Memberships, and Professional Activities

  • Fellow of the College of Commercial Arbitrators
  • Active member, State Bar of California
  • Member, California Judges Association
  • Member, Judicial Council, State of California, 1982-1986
  • Board of Governors, State Bar of California, 1979-1982 (Vice President, 1982; chairperson of a number of committees; involved in the establishment of the California Lawyer, the official magazine of the State Bar and served on its editorial board for a number of years)
  • Founding Director, Louis M. Welsh Inn of Court, a college of advocacy, and the William A. Enright Inn-American Inns of Court
  • Lecturer/panelist at the ABA, State Bar of California, California Judges Association, Nevada Bar Association, various local and specialty bar associations, The Rutter Group, Mealeys, and The American Conference Institute. Since receiving his mediation training at the Straus Institute at Pepperdine University College of Law, Judge Midlam has become involved in its ADR bi-annual seminars as a lecturer and panelist on the mediation of complex and construction defect matters
  • Presenter, Judicial College at Berkeley Law School, on matters of case and trial management for newly appointed judges; taught similar subjects as an advanced course for the California Judicial Studies Program
  • Associate Editor, Civil Procedure Before Trial-The Rutter Group and contributor of articles on various subjects to numerous periodicals, including the Los Angeles Daily Journal
  • Adjunct Professor, Western States College of Law and The University of San Diego College of Law
  • "Nuts & Bolts," Daily Journal, ADR Profile, December 10, 2010

Background and Education

  • Justice, Court of Appeal (on assignment), 4th District, Division 1, January-March, 1995
  • Judge, San Diego Superior Court, 1988-1995; Supervising Judge, Vista Branch, 1990 & 1991
  • Founding Partner, Ault, Midlam and Reynolds (an insurance defense firm), San Diego, 1979-1988
  • Private practice, Johnson & Midlam, San Diego, 1967-1979
  • Private practice, Johnson, Estep & Midlam, San Diego, 1965-1967
  • Deputy City Attorney, City of San Diego, 1964-1965
  • J.D., Willamette University College of Law
  • B.S. in Law, Willamette University

Disclaimer

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