Submit a Case Submit Case Find a Neutral Search Neutral
Alexander Polsky

Alexander S. Polsky, FCIArb

  • vCard

Case Manager
Laura Aguilar
T: 714-937-8256
F: 714-939-8710
500 N. State College Blvd. , 14th Floor , Orange , CA 92868
Mr. Polsky's practice includes mediation and arbitration of complex business disputes, partnership workouts, and appraisals. These disputes have included pension claims, breach of contract claims, bond claims, termination benefits, corporate loss of revenue, franchise infringement claims, automotive dealer and fast food franchisee claims involving placement of new stores, unfair business practice claims, class actions filed against governmental entities, and termination benefits.

Representative Matters

  • Attorney Fee Disputes: Allegations of excessive fees and poor results in connection with representation of client in a federal lawsuit brought by a pension fund alleging other funds were related entities bound by collective bargaining agreements.
  • Attorney Fee Disputes: Errors and omissions in connection with $100 mm health care acquisition.
  • Attorney Fee Disputes: Excessive fees alleged in bankruptcy workout of commercial real estate brokerage/property manager.
  • Attorney Fee Disputes: Excessive fees alleged in domestic relations matter.
  • Attorney Fee Disputes: Excessive fees alleged in financial planner litigation.
  • Attorney Fee Disputes: Excessive fees alleged in real estate transaction.
  • Business: Breach of contract claim in connection with fire alarm system at municipal project (city hall). Fixed price contract tendered with contractor (plaintiff) assuming the prime contractor and municipality would approve a subsequently delivered specification, which involved a product change. Municipality withheld approval mid-project and prime contractor terminated the subcontractor. Municipality withheld charge-backs approaching $5 mm on total project with about $250 k apportioned to the alarm system. (Settlement with partial release of charge-backs allocated between prime and sub contractors)
  • Business: Breach of contract/fraud claims by CEO of residential mortgage lender asserting inducement to sell business was a sham to obtain business assets and trade secrets, and force CEO out.
  • Business: Breach of covenant of quiet enjoyment in connection with commercial lease. Landlord was a major landholder in Little Saigon. Allegations that he permitted anti communist rally staging area in and about tenant’s property after tenant displayed communist objects. (Settled for lease buy out)
  • Business: Claim against telephone company telephone book division for improper placement of display advertisement. Claim for lost profits and business interruption. (Settlement $25 k)
  • Business: Claim by massage therapist of overt sexual conduct by producer, director, and performance artists during filming of major motion picture.
  • Business: Claim by operator of group home against Regional Center for over regulation, discrimination, and violation of the Lanerman Act. Asserts a policy disfavoring placement in small group homes for developmentally disabled. (Action plan implemented to relocate home to another administrative zone, payment of $950 k.)
  • Business: 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. (Arbitration)
  • Business: Commercial business interruption claim for monetary damages for lost profits secondary to site improvements resulting in loss of signage and parking during extended construction. (Settled for lease modifications and attorney fees, plus special signage.)
  • Business: Commercial, acquisition, and franchise claims.
  • Business: Construction company sues unified school district for breach of contract, work and labor costs and delay damages in connection with three reconstruction projects. Contract amount at issues exceeded $3.5 mm. (Settlement of $500,000 plus agreement not to deem contractor unreliable and unresponsive as that term relates to government contraction.)
  • Business: Defamation by owner of competing taxi business asserting that competitor did not possess proper licensing and had issued fraudulent insurance certificates. Actions in an effort to win a contract for transport services at a regional airport. Representations made by competitor and by his insurance agent. Significant loss of revenue claims in addition to punitive damages. (Settled at mediation)
  • Business: Disputed claims for payment and change orders by prime contractor on shopping center build out of key retail store. Store sold immediately following build out. (Arbitration)
  • Business: Disputed ownership interest claimed by ousted CEO following turnaround of manufacturing company. Valuation of claimed shareholding approximated $2.5 mm plus interest. (Settled)
  • Business: Federal lawsuit brought by a pension fund alleging other funds were related entities bound by collective bargaining agreements. Potential exposure to trusts exceeded $1 mm. (Settlement $580 k over 10 years)
  • Business: Foreclosure of mechanics lien and enforcement of stop notice in connection with commercial real estate development following bankruptcy filing by lead tenant. Cross allegation for breach of sub contract. (Contract price $400 k) (Settled)
  • Business: Jet fuel spill at airport during refueling of 747. Spill caused by clamp failure followed by operator who did not secure a safety valve to cut off the flow. Dispute over cost and responsibility for clean up which was paid in full by the airline. (Settlement involved extending refueling contractor’s contract at a reduced rate to compensate airline for expenses.)
  • Business: Rights and royalty claims in connection with distribution of recorded assets.
  • Business: Securities related cases include pension claims, breach of contract claims, bond claims, termination benefits, and corporate loss of revenue disputes.
  • Business: Software licensing disputes.
  • Business: Subrogation claim by insurer after paying property damage, lost profits and loss of use on behalf of insured secondary to water damage from improperly applied roof. Related insurers argued coverage issues negated obligation to indemnify. (Settled in low seven figures)
  • Business: Suit to recover unpaid balance on hotel construction contract as assignee of bondholder having foreclosed on a security interest and creating a cloud on title. Cross allegations of offsetting back-charges. (Amount in dispute approx. $1 mm - settled)
  • Business: Theft of computer data and alteration of checks by employee of nationally recognized securities firm. Employee denied theft and asserted breach of written employment agreements. Mediation occurred during SEC, district attorney and bank investigations. (Settlement formally terminated relationship between employee and firm.)
  • Business: UCC section 2300 claim in connection with sale of pumping engines to fire department. (Settled based upon joint sale of fire trucks and guarantee of reimbursement of $450k from proceeds)
  • Business: Unfair competition and theft of trade secrets in connection with Internet lender.
  • Class Action: Alleging fraudulent inducement to purchase travel membership that conveyed no value to the subscriber. (Settled based on reimbursement of fee plus attorney fees)
  • Class Action: Class action involving 28,000 individual African American farmers' claims of discriminatory lending practices. Participated in the implementation of global adjudication process following settlement of the case.
  • Class Action: Class action type settlement(s) of insurance bad faith claims secondary to insurer handling of California earthquake claims. Handled under Code of Civil Procedure 17200. Multiple cases involving approximately 200 homes and three different insurers.
  • Class Action: Numerous cases in connection with practice of retailer in requiring personal information data to accompany credit card purchases. Classes identified, method of notice determined, settlement structure identified, and court approvals obtained. (Civ. Code section 1747.8 issues)
  • Commercial: Attorney E&O in connection with $100 mm health care acquisition. (Served as arbitrator in Louisiana of this case filed in Federal Court. Award was in favor of plaintiff following 17 day hearing)
  • Commercial: Breach of commercial lease one-year into ten-year term following SEC induced management change at lessee. Leasehold value exceeded $12 mm. Property rehabilitation exceeded $2 mm.
  • Commercial: Breach of commercial lease secondary to Chapter 11 filing of lessor corporation.
  • Commercial: Over 75 unfair business practice claims per Civ. Code section 17200 and in Federal Court.
  • Commercial: Termination benefits and corporate loss of revenue disputes
  • Entertainment: Claim by massage therapist of overt sexual conduct by producer, director, and performance artists during filming of major motion picture. (Settled)
  • Entertainment: Disputes concerning ascertainment and distribution of profits, breach of employment contracts, and issues regarding distribution expenses.
  • Entertainment: Real estate sales agreement wherein plaintiff would acquire two parcels near Disneyland. If the parcels were developed into a large-scale hotel, seller would be entitled to lease 6,000 sf for a restaurant. Issue became whether development constituted a “large-scale” hotel. (Settled $400 k)
  • Franchise: Automotive dealer and fast food franchisee claims
  • Franchise: Duty of franchiser regarding 40 fast food franchisees and losses of revenue allegedly due to predatory store placement/advertising. Secondary mediation to create formulae for distribution of settlement proceeds and stock between franchisees.
  • Franchise: Franchise dispute between vendors of baked goods for nationwide manufacturer. Dispute concerned compromise of territory.
  • Franchise: Franchise infringement claims.
  • Franchise: Multiple disputes between automobile dealers and automobile companies regarding territories and placement of new dealerships. These are generally managed under the manufacturers dispute resolution programs.
  • Franchise: Rights of specialty automobile dealer under manufacturer-dealer agreement after manufacturer's trademark and distribution rights are sold to a "big three" entity.
  • 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
    ADR Profiles

    Counsel Comments

      • "Nobody works a case like [Alex] and I think all counsel appreciate how prepared he is for tough cases."

        - New York Attorney
      • "Alex went above and beyond the call of duty showing up to our office to review the case the night before[...]. The case did not settle on the day of the [...] mediation and he continued to work [round] the clock on the Friday before trial to get the case resolved. Well done Alex!"

        - Orange County Attorney
      • "The thought, care, and attention he put into this mediation really showed and my client appreciated his superior mediation efforts." 

        - Orange County Attorney
      • “You did a masterful job of handling the many egos in the 2 rooms. The word that always comes to mind about you is ‘unflappable.’”

        - Orange County attorney
      • “Thanks for the great news that this matter has settled. As you know, it was complicated factually and legally, and your resolution of it speaks to your ability and persistence.”

        - Comment from Superior Court judge of settled matter Los Angeles, CA.
      • “I do not believe this would have settled without your efforts.”

        - Comment from counsel after $2.5 million settlement of coverage dispute. Los Angeles, CA
      • “Thank you, Mr. Polsky. We couldn’t have done it without you.”

        - Robert M. Nash, Esq.
      • “Thank you for your evenhandedness at the arbitration.”

        - Alex Weiss, Esq.
      • “Unlike other mediators, Mr. Polsky does not give up, he hangs in there and keeps the process going even when others would expect an impasse he gets the job done.”

        - Robert Hubbell, Esq. Morrison & Foerster LLP Los Angeles, CA
      • “Mr. Polsky, your sensitivity to my family’s horrible loss, and your unbiased communication of the risks of trial, allowed us to see the wisdom of settlement. Thank you.”

        - Comment from plaintiff after settlement of wrongful death case
      • “Thank you for taking the time to drive to my home on a Saturday to mediate what might have been an explosive situation. Your calmness and ability to listen to both sides to assist us in reaching an amicable solution was a supreme effort... My humble thanks for your expertise.”

        - Thank-you note from plaintiff after mediation of construction defect case
      • “Your reputation as a hard working settlement judge was definitely confirmed by your efforts in this case.”

        - Herbert Hafif, Esq. Claremont, CA
      • “Thank you for an outstanding job in settling (case name). You handled the (product liability/death by decapitation) matter in an outstanding fashion.”

        - David Berglund, Esq. Berglund & Johnson Woodland Hills, CA
      • “I do not believe this matter would have settled without your assistance.”

        - Ronald Darling, Esq. Darling & Risbrough LLP Irvine, CA
      • “You have a reputation as a closer who is not afraid to get down to business in construction defect cases and get the job done.”

        - Kenneth Kasdan, Esq. Kasdan Simonds Weber & Vaughan LLP Irvine, CA
      • “Mediator Alex Polsky was fantastic!” 

        - Charles C. McKenna, Esq. Wright, Finlay & Zak Newport Beach, CA
      • “I wish to express the appreciation I feel for the extremely professional, efficient and friendly manner in which this mediation was conducted. Feel free to use my name as an attorney who feels that Alex Polsky not only gets things done, but also does them in a way that is positive and constructive.”

        - Perry Irvine, Esq. Palo Alto, CA
      • “You brought such and ease and true concern in imparting much needed and practical insight.”

        - Angela Pickett, Esq. Long Beach, CA
      • “Your hard work and constructive efforts were instrumental in bringing this litigation to a successful conclusion for both sides.”

        - Henry Zangwill, Esq. Anderson, McPharlin & Conners LLP Los Angeles, CA
      • “A party lied [during non binding arbitration] and when confronted with it, Mr. Polsky called a time-out. I thought this was very sensitive of him. Mr. Polsky’s handling of [the witnesses’] distress was very good.”

        - Pauline White, Esq. Monrovia, CA
      • “We very much appreciated Mr. Polsky’s willingness to conduct a late evening session followed by a Sunday session. With his help, we got the case settled.”

        - David Hochner, Esq. Rutan & Tucker Costa Mesa, CA
      • “Very good result on a hard case. Excellent settlement abilities.”

        - W.O. Robinson, Esq. ArrowPoint Capital Los Angeles, CA
      • “As usual, excellent service!”

        - Randall Koenig, Esq. Koenig Jacobsen, LLP Irvine, CA
      • “Mr. Polsky was capable, professional and courteous.”

        - William Caplan, Esq. Costa Mesa, CA
      • “Mr. Polsky was the best mediator I have ever had experience with in this area.”

        - Ben Schuck, Esq. Santa Paula, CA
      • “Mr. Polsky is one of the best mediators I have worked with in my 20 years of practice.”

        - David S. White, Esq. Los Angeles, CA
      • “The arbitrator was one of the best I have ever utilized.”

        - Ken Steelman, Esq. Irvine, CA
      • “Mr. Polsky is very effective.”

        - Madelyn Enright, Esq. Murtaugh Meyer Nelson & Treglia LLP Irvine, CA
      • “Alex is an outstanding mediator. Most sitting judges could learn a thing or two from him.”

        - Jeffrey C. Metzger Laguna Hills, CA
      • “Mr. Polsky presents a welcomed approach to arbitration. In addition to hearing and reviewing all briefs, evidence and argument needed for determination on the issues, he worked with the parties in an effort to produce a settlement.”

        - Unsigned letter from attorney
      • “Mr. Polsky graciously rescheduled the mediation at no cost to accommodate an emergency and then worked hard to produce a settlement.”

        - Todd Croutch, Esq. Fonda & Fraser LLP Glendale, CA
      • “Mr. Polsky was fair, professional and courteous.”

        - Adam Siegler, Esq. Greenberg Traurig Santa Monica, CA
      • “I was especially pleased with the way Mr. Polsky communicated with my clients and explained issues to them. He is a good teacher.”

        - (Ref: Complex business mediation) Mark Fredrick, Esq. Santa Ana, CA
      • “Alex did a great job most importantly explaining the insurance issues and listening to the client’s personal trauma.”

        - Colin Barr, Esq. Orbach & Huff LLP Los Angeles, CA
      • “Alex is one of the most effective mediators with whom I have ever dealt.”

        - Carol Burney Lewis Meserve, Mumper & Hughes LLP Los Angeles, CA
      • “You will always be indelibly etched in my mind for your sensitivity and all you have done to help me end this horrible experience.”

        - Plaintiff following settlement of employment dispute
      • “We wish to express our sincere appreciation for your efforts in successfully mediating the matter last week. We applaud your uncommon perseverance during a most difficult session.”

        - K. Stephen Powers Chattanooga, TN
      • “Thank you again for all of your assistance in helping us to resolve the xxx case. Your experience and patience in mediating the matter, when the parties were essentially polarized following our initial failed mediation before another mediator, helped both sides avoid a lengthy and expensive trial.”

        - (Ref: Serious injury mediation) Kara Pape, Esq. Schaffer, Lax, McNaughton & Chen Los Angeles, CA
      • “Mr. Polsky was an excellent mediator. The session was effective with sensitivity to personal issues.”

        - (Ref. Employment mediation) Rachelle Singer, Esq. Smith, Silbar, Parker & Woffinden, LLP Irvine, CA
      • “In the face of adversity, you did not give up, stayed true to your client (a fair settlement) and came up with a creative solution. Thanks!”

        - (Ref: Complex construction defect special master and mediation) Kenneth Kasdan, Esq. Kasdan Simonds Weber & Vaughan LLP Irvine, CA
      • “Thank you for your persistence in helping us reach a successful resolution of this matter. Once settlement was achieved with a majority of the (parties) the court put us in an awkward position where we were forced to consider re-negotiating (past) settlements. You were an oak, and stood firm. Again ou succeeded where your predecessor failed, and this is another testament to your superior skills.”

        - (Ref: Complex construction defect special master and mediation) Doug Stewart Farmer’s Insurance
      • “My family and I appreciate the expediency in which you handled the case. We wish you a healthy, happy and prosperous future.”

        - (Ref. Products liability mediation) B. J. Hagen Houston, TX
      • “Mr. Polsky is a mediator of the highest competence, and his outstanding professionalism in conducting mediations is a credit to JAMS and to the legal profession.”

        - Jon Kodani, Esq. Santa Monica, CA
      • “While it may seem like arbitration and mediation are old news, Alexander Polsky and Deborah David, of JAMS in Los Angeles, presented updated information and new techniques to help claim professionals become more successful in this area of the industry.”

        - Insurance Weekly magazine commenting on a program delivered at the CA Combined Claims Conference
      • “You have done in one day what 4 other mediators were unable to accomplish in over 25 sessions. The court is indebted to you for your efforts and creativity.”

        - Honorable Joan Ettinger, Riverside County Superior Court, upon learning that the major component of a case with over 30 parties and a two year time estimate had been resolved in one specially designed mediation
      • “On behalf of my client and myself I would like the thank you for your service as a mediator in the above referenced matter. You may wish to know that, in each of the three occasions where you served as mediator on a case wherein I served as counsel for one of the parties, you settled the case. This includes the case where you were taken to the hospital. Your professionalism and expertise are greatly appreciated.”

        - (Ref: Serious injury mediation) Earl R. Wallace, Esq. Ruzicka & Wallace, LLP Irvine, CA
      • “It was purely because of your excellent professional help that the case was settled.”

        - (Ref: International business partnership dispute and trade infringement claim) Rachel Moorhead London, U.K.
      • “Thank you for your hard work. It was a pleasure to finally get to work with you. Your name has been ‘bandied’ about on our employment lawyer listserve as people post inquiries and you always received great reviews. My client felt very comfortable with you and commented that you had a nice, calming style; he also appreciated your honest feedback and felt he could trust you. Those are the types of qualities, along with your legal experience to back you up, which help to make you a great mediator.”

        - (Ref: Complex employment mediation) Michelle Reinglass, Esq. Orange County, CA
      • “Thank you for your efforts in resolving the above-entitled case. Quite frankly, I did not feel that this action would settle without your assistance. Again, thank you for your professionalism.”

        - Joseph A. Shuff, III, Esq. Shuff Law Firm Santa Ana, CA
      • “I was extraordinarily pleased with Mr. Polsky’s analysis, effort and perseverance toward attempting to resolve the above referenced matter. Further, his suggestion to meet at lunch with defense counsel was innovative and assisting in developing a rapport, which made final discovery easier as well as eventual settlement.”

        - (Ref: Complex business mediation) Jonathan Weber Los Angeles, CA
      • “Please forgive the delay in writing you this much-deserved ‘thank you’ for the outstanding job you did on this Mediation. … Had you not persuaded the defendants to disclose the 11th hour adverse testimony on the Fire Captain, it would most likely have been a disaster for us at trial. Again, our sincere thank you for a job well done.”

        - (Ref: Severe Burn case) John C. Adams III Hunt & Adams Santa Ana, CA
      • “I've been doing this for more than 20 years and I have never seen a mediator take such a personal interest in a case as you have in this one.Mike King has said you're the best.He is right.Thanks for your help.”

        - (Ref: Habitability class action mediation) Grant Riley Riley & Associates Los Angeles, CA
      • “I look forward to your involvement in the matter and welcome the proactive manner you use in undertaking pre-mediation telephone discussions.”

        - (Ref. Employment mediation) Jeffrey Gordon Los Angeles, CA
      • “Thank you for all your hard work and extra time. It’s refreshing to know that some mediators put in extra time to get a deal done without looking at the ‘clock.’ Kudos to you and your entire staff… ”

        - Reza Mirroknian Esq. Los Angeles, CA
      • “Thank you, Alex: This was one of the most difficult cases on every level that I have had in many years. I thought your work was excellent. I appreciate(d) your constructive comments.”

        - Howard Kornberg, Esq. Los Angeles, CA
      • “What they say about you is true—you get results!”

        - Sean McGee, Esq. Irvine, CA
      • “Thank you for all your assistance in this case. It was one of the more challenging cases I have dealt with, which I consider right in ‘the Polsky zone.’ Meaning, when people tell me they have complex cases, or cases with many moving parts, you are always my first recommendation. Thank you.”

        - Matthew McNicholas, Esq. McNicholas & McNicholas LLP Los Angeles, CA
      • “Your style and realistic approach made the day relatively enjoyable despite difficult dynamics. While it's distasteful to pay anything under the circumstances, and it would have been a fun trial, you are right that from an economic perspective the settlement was the right thing to do. We'll talk again soon. Regards.”

        - Vincent J. Davitt, Esq. Murphy Rosen & Meylan LLP Santa Monica, CA
      • “You did a fantastic job with this (difficult) case.”

        - Victoria Ersoff Wood Smith Henning & Berman LLP Los Angeles, CA
      • “Alex, you did a great job, you are a terrific study!”

        - Richard Bridgford, Esq. Bridgford & Gleason Aliso Viejo, CA
      • “…you were masterful. I look forward to using your skills in the future.”

        - Steven Maslauski, Esq. Kirtland & Packard LLP El Segundo, CA
      • “Thank you so much for your professional and outstanding assistance!”

        - M. Kelly Tillery, Esq. Pepper Hamilton LLP Philadelphia, PA
      • “As always, you managed to make things come together with a good result for all parties. Your considerable talent and personality makes it a pleasure working with you. I enjoyed our off case conversations and look forward to the next mediation….You are one of the hardest working guys I know. I wish you would slow down just a bit. Not so much you don't have time for our mediations, though.”

        - Charles Arnold Arnold & Arnold Marine Loss Adjusters
      • Thank you for staying late and helping bridge a wide cultural cap and some strong personalities to help us settle this difficult case! I don't think many mediators would have pulled it off.

        - Los Angeles attorney

    News

    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

    Polsky_Alexander_Business_Commercial_302