Hon. Kevin W. Midlam (Ret.)

T: 619-236-1848
F: 619-236-9032
Available nationwide
Business/Commercial
Judge Midlam has been a full-time neutral with JAMS since 1995. He has successfully resolved numerous business and commercial cases including partnership, finance, intellectual property, and contract disputes. He has an excellent grasp of the complicated legal issues, and clients have described his level of preparedness as "refreshing." He has also been described as having "the highest ethics" and is widely accepted by plaintiff and defense attorneys alike.

As a mediator, Judge Midlam is known for his informal, pragmatic style. He deals with the underlying emotions that often impact business relationships and effectively guides the parties to consensus. Attorneys have indicated that Judge Midlam "is willing to stick with a case until it settles." His arbitration hearings are informal to formal depending upon the style chosen by the parties. In addition, Judge Midlam has often been selected as a discovery referee to help parties manage complex business matters prior to trial.

- Attorneys' comments from California Arbitrator & Mediator Reviews, James Publishing, 1999 ed.

Representative Matters

  • Arbitrated a commercial lease dispute involving the determination of lease payments based upon a gross sales provision in the contract
  • Arbitrated a contract dispute in excess of three million dollars; parties included the developer, general contractor, architects, and engineers who were engaged in a very large fast track, design build project following the Northridge earthquake
  • Arbitrated a partnership dispute among doctors involving the allocation and accounting of several hundred thousand dollars of medical fees
  • Arbitrated an intellectual property dispute regarding the development, programming, and use of Application Specific Integrated Circuits (ASIC) between large American and foreign companies involving high seven-figure claim
  • Mediated a partnership dissolution between lawyers requiring an accounting and distribution of several hundred thousand dollars in fees; mediation was successful and litigation avoided
  • Mediated disputes dealing with allegations of fraudulent lending practices and statutory violations; parties included mortgage lenders, banks, real estate agents, and brokers

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

This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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