Alexander S. Polsky, FCIArb

T: 714-939-1300
F: 714-939-8710
Arbitration
Mr. Polsky has demonstrated a unique ability to resolve particularly complex and/or highly emotional cases as a mediator, arbitrator, and discovery referee. He has resolved thousands of complex commercial and serious injury disputes and was named one of the "Top 20" mediators and arbitrators in California by the Daily Journal. Local bar associations' annual reviews consistently give Mr. Polsky high marks for fairness as an arbitrator and tenacity and commitment as a mediator. He is regarded as a fair adjudicator who follows the law and applies the law to the facts as presented. Arbitrator reviews by various organizations have commented that Mr. Polsky is prepared to manage the proceeding to secure its conclusion in the time reserved, does not dilute the issues or resolution and treats all parties and witnesses with courtesy and fairness. Mr. Polsky has served as both party arbitrator and neutral arbitrator in commercial litigation, insurance bad faith, medical negligence, and governmental claims. He has presided over in excess of 1,000 disputes in arbitration.

Representative Matters

  • Adjudicator of claims by black farmers (Black Farmer consolidated cases against the US Government) in connection with wrongful denial of FEHA loans by US Government agencies to over 45,000 farmers throughout the United States.
  • Attorney errors and omissions in connection with IPO secondary to the nationwide acquisitions of physical therapy offices and creation of a national network. Involved more than 45,000 documents and 100 hours of testimony. Federal suit with venue in Louisiana.
  • Claim of contractor to recover unpaid fees for construction of luxury home, as well as cross claim by homeowner for defective construction.
  • Claims by homeowner associations against members for violation of CCR.
  • Construction delay claim in connection with municipal water reservoir project. Claim by municipality against general contractor and cross claims seeking payment of withheld sums.
  • Dental malpractice cases.
  • Dissolution of dental practice.
  • Employment arbitrations pursuant to clauses in employment agreements.
  • Exposure to toxins as a result of improper cleanup of non-superfund landfill site.
  • Hundreds of personal injury, wrongful death and product liability cases, pursuant to stipulation of the parties.
  • Hundreds of uninsured motorist arbitrations.
  • Improper and excessive use of cocaine in procedure to correct nasal deformity resulting in a hole in the septum.
  • Insurance Bad Faith claim for denial of indemnity and defense following NASD suspension of trading, SEC investigation into possible Section 5 violations and investigation into issuance of fraudulent shares.
  • Neutral fact finder in employment, harassment and workplace issues.
  • Numerous complaints of excessive attorney fees. Mr. Polsky has lectured on this subject for the California Bar and has testified as an expert in this field.
  • Patent and copyright claims.
  • Veterinary malpractice cases.
  • Arbitration to determine valuation of permanent ringing in ear following automobile accident. Plaintiff was a 42-year-old worker.
  • Architectural errors and omissions claim by municipal agency in connection with municipal building project and set-off claims for value-added improvements and delay payments.
  • Claim involving shortfall of approximately $600 k after a fire destroyed a manufacturing plant. Suit filed against broker for failing to secure adequate coverage for content and business interruption. Defense alleged it relied on the information provided by claimant.
  • Claim of contract breach by management company against homeowner’s association
  • Dispute between two developers over aborted sale of a portion of a tract. Seller asserted delay justified cancellation while buyer asserted delay a ruse to justify selling to a higher bidder.
  • Dissolution of professional practices including medical and law firm and apportionment of assets, cases, and post dissolution revenue.
  • International business disputes pursuant to ICC referral and UNCITRAL rules.
  • IPO secondary to the nationwide acquisitions of physical therapy offices and creation of a national network. Involved more than 45,000 documents and 100 hours of testimony. Federal suit with venue in Louisiana. Allegation that malpractice resulted in inadequate price.
  • Neutral and party arbitrator in numerous cases involving design and delay claims involving commercial structures, roadways, reservoirs, and residential developments.
  • Neutral and party arbitrator in numerous cases involving design and delay claims involving commercial structures, roadways, reservoirs, and residential developments.
  • Numerous medical negligence cases, as both neutral and party arbitrator. These have included cases with allegations of:
    • Failures to timely administer chicken-pox vaccine to expectant mother resulting in brain injury to, and eventual death of, newborn.
    • Delay in delivery and improper staffing of neonatal unit of county hospital resulting in asphyxia and brain injury in newborn child.
    • Sexual activity by dentist of sedated patient.
    • Sexual affair between psychiatrist and patient.
    • Nerve severing during procedure to remove cyst on wrist of patient who played classical violin.
    • Death of patient in context of Elder Abuse case where facility allegedly did not administer proper care, notify treating physician or timely transport patient to hospital with concomitant claim against hospital for return of patient to the facility.
    • Unnecessary surgery to remove herniated disc(s).

Honors, Memberships, and Professional Activities

  • Recognized as a Best Lawyer, Alternative Dispute Resolution category, Best Lawyers in America, 2008-2018
  • Recognized as a SuperLawyer, Alternative Dispute Resolution category, SuperLawyers, 2006-2016
  • Recognized as a Top Master, Daily Journal
  • Recognized with AV Preeminent Status as a Top Rated Lawyer in Alternative Dispute Resolution, Martindale-Hubbell
  • Recognized as a Top California Neutral, Daily Journal, 2006-2010, 2012
  • Speaker, "What Real Estate Attorneys Can Learn From Mediators—And Vice Versa," Tokyo Annual Conference of the International Bar Association, 2014
  • Panelist, U.S. District Court for the Central District of California Mediation Panel
  • Successfully completed "Accelerated Route to Fellowship International Arbitration Program with Award Writing Examination, Chartered Institute of Arbitrators, North American Branch, 2014
  • Fellow, International Academy of Mediators
  • Adjunct Professor of Law, University of Southern California School of Law and Straus Institute for Dispute Resolution at Pepperdine University School of Law
  • Lecturer (partial list): California Bar Association, American Bar Association, Association of Southern and Northern California Defense Counsel; Consumer Attorneys of California, Los Angeles and Orange County; Los Angeles, Orange County and San Francisco Bar Associations; Pepperdine University Law School; Building Industry Association
  • Past Director: Orange County Bar Association, Orange County Trial Lawyer's Association, Southern California Adjuster's Association
  • Past Chairperson, Orange County Bar Association Committee on ADR
  • Delegate, State Bar of California, Conference of Delegates
  • National Institute of Forensic Studies, Professional Advisory Board
  • Publications on ADR and Attorney Fee Disputes for State and Local Bar Associations, firms, trade associations, and newspapers. Author: "A System for Cost Effective Management of Construction Defect and Complex Litigation." Author: "ADR, Why Does it Work?" Author: "Use of the Special Master in Complex Litigation." Author: "Use of Risk Based Facilitative Dispute Resolution."
  • Mr. Polsky is a sought after negotiation skills trainer and has lectured throughout the United States. He is an adjunct Professor of Law at the University of Southern California, where he teaches a course he designed on ADR and negotiation, and at the Straus Institute for Dispute Resolution at Pepperdine University School of Law, where he teaches courses in the LLM program. He is available to provide training in negotiation and mediation skill development to corporations and professional organizations.
  • Pro bono activities include Dispute Resolution Services (DRS) Board of Directors; Los Angeles/Long Beach Legal Aid Grand Cru Board of Directors; Public Law Center of Orange County Board of Directors; Los Angeles County Bar Association volunteer mediation program volunteer

    Comprehensive Overview

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