Profile
Since 2000, Max Factor III has excelled in resolving complex business, finance, employment, real estate, insurance and partnership matters as a full-time neutral. Defense and plaintiff counsel consistently report high levels of satisfaction and applaud his expertise, persistence and strategic approaches. Distinguished Fellow of the International Academy of Mediators, Past President, L.A. Trial Practice Inn of Court, Mr. Factor Chairs the Annual Weil Lecture (LACBA) since 2009. He is an adjunct Professor at Pepperdine University’s Straus Institute, a member of the USC Law School Board of Councilors and of the Chair’s Council, Division of Humanities & Social Sciences at CalTech. Max's philosophy on arbitration and mediation, as well as details on his long and varied career in the legal field, may be found at www.FactorADR.com.
About Max Factor III
Admitted: 1970, California
Professional Webpage: www.FactorADR.com
Honors and Awards:
- President, Southern California Mediation Association, 2005
- Lecture "On Understanding the Effects of Anger and Fear in Negotiating Outcomes", Distinguished Visitor Lecturer, Case Western Reserve University School of Law, 2007
- President, Downtown Los Angeles Litigation Inn of Court, 2008
- Chair, Annual Robert I. Weil Lecture, Los Angeles, 2009
- Best Lawyers Best Firm Recognition 2006, 2007, 2011
- Member, Chair's Council for Humanities & Social Sciences, CalTech, 2011
Special Licenses/Certifications:
- Selected Additional Courses Cutting Edge Negotiation Strategy for Lawyers. Negotiation Strategy Institute; Presenter: David Gold. Advanced Negotiation. Pepperdine University School of Law, Straus Institute for Dispute Resolution. To Tell The Truth: Honesty & Ethics in Litigation, Settlement Negotiation & Mediation; Mediator & Lawyer Ethics: Exploring the Core Value of Self-Determination; Representing Clients in Mediation: How Advocates Share a Mediator's Powers: American Bar Association Center for Continuing Legal Education. Benjamin S. Crocker Symposium on Real Estate Law and Business. USC Law School. Construction Defects Litigation: Continuing Education of the Bar. Avoiding & Resolving Construction Claims: L.A. County Bar, Dispute Resolution Services. Employment/Business Law & Mock Mediation: (2 half-day Seminars) After Yes: Crafting an Effective Employment Law Settlement Agreement. Los Angeles County Bar Association, Labor & Employment Law Section, at Southwestern University School of Law. Attorney Client Fee Arbitration Training. Los Angeles County Bar Association. Mediation of Wage and Hour Claims. Beverly Hills Bar Association. What the Real Estate Lawyer Should Know about CAR's Residential Purchase Agreement: Beverly Hills Bar Association Advanced Mediation Strategies: Pepperdine School of Law, Straus Institute.
- Arbitration Training Arbitrator I - Workshop: American Arbitration Association, 2003. Arbitrator II - Advanced Case Management: American Arbitration Association. 2004. Issue Review Board Certification Course: Institute for Conflict Management. Employment and Commercial Arbitration: American Arbitration Association, 2-day seminar. Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics: American Arbitration Association, December 2005.
- Mediation Training Basic Mediation Training. Los Angeles County Bar Association, certificated by DRS, 2000. Mediation, the Art of Facilitating Settlement. Pepperdine University School of Law, Straus Institute for Dispute Resolution: interactive, certificated training, 2000. Masters Forum. Pepperdine University School of Law, Straus Institute for Dispute Resolution. Transformative Mediation. Institute for the Study of Conflict Resolution, New York, on Pepperdine Campus, 2001. Advanced Mediation Skills. Pepperdine University School of Law, Straus Institute for Dispute Resolution, Interactive Certificated Training. Advanced Negotiation and Settlement Techniques. CEB. Resolving Disputes with Especially Difficult People - A Program for Litigators & Mediators: Beverly Hills Bar Association, ADR Section. .
Bar/Professional Activity:
- Los Angeles Superior Court ADR Training: 2008, 09, 10, 12: Panellist & Presenter for Mediation and Early Neutral Evaluation Programs
- Adjunct Professor, Straus Institute for Dispute Resolution, Pepperdine University 2006 - present. Teaches the "Mediation Clinic" class weekly, and has taught as faculty "Mediating the Litigated Case" - a highly regarded, intensive course for attorneys and graduate students from all of the country, and which takes place at both the Malibu and Orange County campuses.
- Member, Executive Committee, Litigation Section, Los Angeles County Bar Association, 2009-12
- Member, Los Angeles Superior Court ADR Committee & Sub-Committee on Operations, 2008-12
- Committee on Administration of Justice, CA State Bar. Chairman, 2006-07. Vice Chairman, 2005 - 2006. Drafted, as primary reporter, the Committee's proposed revisions to the Jury Instructions on Damages for Purchase and Sale of Real Property. March-May, 2003.
Pro bono/Community Service:
- Max's work as Chair of the Annual Robert I. Weil Lecture relates to fund-raising for the Center for Civic Mediation, which comes under the LA County Bar. The Center, of which he is also a Board Member, does admirable work in the local community and funds from the Weil lecture go specifically to peer-mediation work in local schools and community. www.centerforcivicmediation.org.
- Max has been on the Attorney Settlement Officer Panels for both Pro Bono and Party Pay mediation for over ten years. He has also been on the Neutral Evaluation (formerly Early Neutral Evaluation) panel since its inception in 2006. He has to restrict the number of cases he can take, or he would be inundated.
Scholarly Lectures and Writings:
- Written Article:
An Angry Negotiator is too often Happy to Strike a Poor Deal Emotions in the mediation process. Published by The Daily Journal on August 17, 2007.
- Written Article: Combatting Hardball Tactics Published in the Daily Journal in December 2007.
- Written Article:
Babasa v LensCrafters Alerts Attorneys to a Lurking Mediation Noose Confidentiality in the mediation process. Published in The Daily Journal on October 12, 2007.
- Written Article:
Something You Should Know: The Trust Game: One in a Series of Observations derived from Academia Published in The Daily Journal, March 25, 2010. Click here for an easier reading copy.
- Written Articles:
Recognizing Emotional Demons for a More Effective Negotiation Published in Cal.State Bar LPMT's "The Bottom Line", December 2008
Recognizing The Real Demon:a discussion of splitting & projective identification Published in The Advocate, October 2008
- Written Article:
Responding to "The Nibble" in a Wage & Hour Context Published in The Daily Journal, March 26, 2010. Click here for an easier reading copy
- Written Article:
New Cases Suggest 'Wimsatt Warnings' Are a Better Practice The last in a series of two articles about mediation confidentiality, published in the Daily Journal, April 26, 2010. Click here for an easier reading copy.
- Written Article:
Will Porter v Wyner and Cassell Change Mediation Forever? The first in a series of two articles about mediation confidentiality, published in The Daily Journal, April 23, 2010. Click here for an easier reading copy.
- Written Article:
Leveling the Playing Field: Why Insurance Claims Adjusters are Not the Enemy Helpful advice for cases involving insurance, published in The Daily Journal, October 3, 2011. (For an easier to read PDF version of the article, please click here)
- As a Distinguished Fellow of the International Academy of Mediators, Max has been both panellist and moderator in such presentations as: "Emerging Ethical Issues: Are Mediations Really Confidential?" IAM Conference, 2008; "Fear, Anger & Risk in Mediation" IAM Conference 2007; "Beyond Yes: An Exploration of the Mind and Decision-Making" 2005
- Presenter, American Bar Association's Section of Dispute Resolution 13th Annual Conference, April 2011: "Hardball Tactics, When to Use & How to Defend when Negotiating (or Mediating) the Litigated Case" (with Michael Orfield and Christine Masters)., 2011
- Speaker on "Mediation Confidentiality: Issues & Current Cases" (with Denise Madigan and Judge Laurie Zelon), Presenter, California Judges Association Retired Judges Conference, 2011
Representative Clients:
- Mr. Factor has had the opportunity to be a catalyst in resolving or furthering matters with the help of the following attorneys - the following is just a sampling:
Heather E. Stern, Esq. Kralik & Jacobs LLP, 35 N. Lake Avenue, Ste. 620, Pasadena, CA 91101 Phone: 626 844 3505 E-mail: heather.stern@kralikjacobs.com "Max brought energy, a fresh perspective, and thoughtfulness to our mediation. I hope to have the opportunity to use him again soon!" Michael Cisneros, Esq. Law Office of Michael Cisneros, 50 West Lemon Ave., Ste. 12, Monrovia, CA 91016 Phone: 626-359-3692 E-mail: mcisneros@mac.com "I cannot come up with a superlative good enough to describe the attention, professionalism and dedication that Mr. Factor showed in our mediation. He was well prepared and grasped the fundamental stumbling block quickly, giving it the attention necessary to get everyone talking and reaching settlement." Michael Waddington, Esq. Law Office of Michael Waddington, APC, 9615 Brighton Way, Ste. 400, Beverly Hills, CA 90210. Phone: 310-276-4100 E-mail: mwaddington@waddington-law.com "In a highly emotional case, Max Factor intuitively knew the correct tone and temperament to employ with the parties to defuse the hostilities, thus allowing them to mutually resolve their dispute." Nicholas Shantar, Esq. Allen Matkins Leck Gamble Mallory & Natsis, 1900 Main ST., 5th Fl., Irvine, CA 92614. Phone: 949-553-1313 E-mail: nshantar@allenmatkins.com "Max Factor III provides valuable insight into the intricacies of complicated real estate transactions, with knowledge and experties that is uncommon among most mediators." Lois Esther Rubin, Esq. Rynn & Janowsky, 4100 Newport Place Dr., #700, Newport Beach, CA 92660 Phone: 949-752-2911 E-mail: lois@rjlaw.com "Mr. Factor took commitment to getting the job done to a new level and settled a case for which I thought there was no hope. I would not hesitate to use him again." Ernest E. Price, Esq. Ropers Majeski Kohn & Bentley, 515 S. Flower St., 11th Fl., Los Angeles, CA 90071 Phone: 213-312-2000 E-mail: eprice@rmkb.com "Max is the mediator to choose for complex business valuation and buy-out issues. He is right on the money." Todd E. Croutch, Esq. Fonda & Fraser, LLP, 100 W. Broadway, Ste. 650, Glendale, CA 91210 Phone: 818 649 3590 E-mail: tcroutch@fondafraserlaw.com "Max is The Real Deal!" Alain Bonavida, Esq. Law Office, Beverly Hills, CA 90210: Ph: 310-552-8292 avbesq@yahoo.com "My experience with Max Factor III as a neutral has been consistently positive. Max possesses the ability to isolate the crux of a case and assess the strengths and weaknesses of both sides in a timely manner, and he has the breadth of experience to convey these factors in digestible terms to both parties. These fundamentally crucial traits, combined with Max's ability to understand the parties' respective positions and his overall professional, yet playful, demeanor make him the go-to neutral for mediations and arbitrations." Walter T. Clark, Esq. Walter Clark Legal Group, Palm Desert, CA 92260 PH: 760-568-5661 WClark@WalterClark.com "You are the best mediator with whom I have ever had the pleasure of working. And you can tell from my Bar number, this wasn't my first case." Michael K. Dewberry, Esq. Garrett & Tully PC, 225 S. Lake Ave., #1400, Pasadena, CA 91101 Phone: 626 577 9500 E-mail: mdewberry@garrett-tully.com "I want to thank you for the excellent job you did at our mediation. I was aware of the fact that you have a fine reputation, and I can now recommend you to other litigators based on my personal experience." John Vukmanovic, Esq. Vukmanovic Law Group, APC, 333 S. Grand Ave., 25th Floor, LA, CA, 90071-1501 Phone: 213 943 1340 Web: www.vlglawyers.com "Integrity, determination and communication - qualities which are known to set Mr. Factor apart." Jeff Riffer, Esq. Jeffer, Mangels, Butler & Marmaro, LLP, 1900 Avenue of The Stars, 7th Floor, LA, CA 90067 Phone: 310 203 8080 Web: http://www.jmbm.com/ "Max did a great job in a complicated entertainment case. He settled a case a prior mediator was not able to settle. He never gave up."
Educational Background:
- B.A. Economics magna cum laude, 1966
- US Court of Appeals (6th Circuit) - Hon. Anthony J. Celebrezze, Law Clerk, 1969
- Yale Law Journal 1967-69; Yale Law School, 1969