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.
- 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
- 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
- Resolved employment discrimination matters
- Served since 1995 as adjudicator of disability retirement claims by employees of large municipality
- 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