Ross W. Feinberg Esq. has served as a full time mediator and special master since 2007. A highly respected and sought after neutral, he has been the recipient of numerous awards from both sides of the bar. His mediation practice, virtually and/or personally, extends nationally with an emphasis on California and Florida.

An AV rated attorney with multiple bar admissions, Mr. Feinberg's mediation practice centers on complex multi-party, high exposure commercial cases across a wide array of practice areas. He has successfully mediated over 3,000 cases both as counsel and as a mediator, and is known for his skillful handling of challenging matters.

Mr. Feinberg is a published author, ocean photographer, motorcycle enthusiast and yachtsman.

Representative Matters

• Accounting Finance
• Mediation of corporate dissolutions
• Mediation of shareholder proxy challenges
• Mediation of accountings and corporate appraisals
• Mediation of officer and shareholder liability actions
• Business Commercial
• Breach of contract involving multi-million-dollar real estate purchase and sale agreement and related disclosures
• Claim of breach of contract, fraud and misrepresentation related to purchase and sale agreement
• Commercial business interruption claim stemming from construction and occupancy delays
• Fire loss cases involving business interruption, profit valuations, and governmental intervention
• Resolved Claims by athletes and celebrities concerning contractual disputes, insurance coverage and confidentiality requirements
• Class Action & Mass Tort
• $21.5 million settlement of 3,000 single-family home thermogalvanic corrosion class action
• $41.8 million resolution of 5,000 home class action case involving galvanized corrosive plumbing
• Settlement reached after incorporating several different lawsuits into single global mediation. Mediation included over one hundred parties, insurance carriers, and counsel worldwide
• Mediation and resolution of complex pharmaceutical and consumer class actions
• Successful resolution of two multi project certified class action cases resulting in settlement pursuant to a pipe repair opportunity for owners of multiple homes across several large scale projects
• Successful resolution of a $41.8 million thermogalvanic pipe claim after the parties agreed to consolidate several cases into one 5,000 home action
• Construction
Construction Defect
• In excess of 33 years of experience litigating and resolving multi-party, multi-issue litigation brought by community associations, multiple single family homeowner plaintiffs and commercial property owners
• Construction defect litigation involving luxury single family homes
• Resolution of Dispute involving 460 condominium units in the amount of $13 Million
Common Interest Development Law
• Mediated condominium and planned unit development disputes including:
  • Davis-Stirling inter community complaints and litigation
  • Breach of fiduciary duty actions against boards of directors
  • Litigation involving management companies
  • Statutory election challenges
  • Violation of CC&Rs
  • Construction of Governing Documents
• Representation and resolution as a mediator of complex homeowner’s association matters at all phases of litigation
• Mediated matters involving the separation of separate area, common area and exclusive use common area

Construction and Engineering

• Mediation of infrastructure construction project disputes
• Mediation of large construction projects including bridges, roads and highways
• Mediation of surety claims and performance bonds
• Mediation of disputes concerning cost overruns and delays in private and governmental funded projects
• Representation and resolution as a mediator of commercial and residential construction matters including construction delays, accidents, premises liability and coverage litigation
• Settlement of Turbine Accident on a California Freeway Overpass.  Worked with various agencies, builder, supplier and installer
• Energy/Utility
• Mediation of disputes arising from fires and explosions
• Mediation of boiler fires in hotels
• Mediation of wind farm investment dispute in the California desert
• Mediation of natural gas pipelines located within four corners grid
• Environmental Cases
• Mediation of toxic tort claims involving the impact on the human senses including those of the ear, nose and throat, due to:
  • Airborne spores
  • Water quality and contaminants
  • Waste management
  • Chemical safety
  • Algae and fungi
• Mediation of cases involving damage to human cells from environmental toxins such as mold and asbestos.
• Mediation of personal injury claims due to neurotoxins in both the airborne environment and water including lead, mercury, formaldehyde and chlorine
• Insurance
• Bad Faith Actions
  • Bad faith/Brandt fee litigation involving carrier disputes over coverage in real property and tort actions
  • Bad faith denial in construction defect claim and cross actions
• Insurance Subrogation Claims
  • Subrogation claims involving fires, mechanical failures, floods and other incidents/natural disasters
  • Resolution of multiple claims by carriers as against third parties for reimbursement of expenses incurred by carrier repairing damage to insured’s property
  • Subrogation action, post settlement, of complex construction defect litigation
• General liability, CGL, D&O and E&O coverage contribution claims between carriers in underlying construction and personal injury lawsuits
• 11580 insurance coverage litigation matters
• Agency Litigation for sales representation involving real property and service goods
• Allocation disputes among primary, excess and umbrella carriers
• Mediator proposals for time on risk disputes
• Disputes involving broker malpractice claims
• Breach of fiduciary duty litigation
• Personal Injury
• Mediation of wrongful death actions
• Multi-party mediation over personal injury and property damage from four-car vehicle collision
• Personal injury mediation between contractors and lumber retailer involving fire-related property damage
• Resolution of tort and breach of contract claims against a city hospital
• Children’s monetary claims against builder for physical injuries due to mold
• Personal injury disputes arising from injuries occurred at the houses of various celebrities
• Medical and legal malpractice disputes
• Mediated matters involving multiple tort claims with corresponding insurance disputes
• Professional Liability
• Claims against physicians and hospitals based on alleged failure to monitor oxygen resulting in cerebral hypoxia
• Mediation of multiple claims against design professionals, including, but not limited to, architects, engineers, land surveyors, and landscape architects
• Mediations related to claims for attorney fees inclusive of cross complaints against counsel for breach of contract and negligence
• Real Property
• Partnership mediations for real property disputes
• Mediation of extensive water damages due to property owners or contractor’s negligence
• Mediation of disputes over improvements including slopes, trees and bridges
• Liquefaction claim mediations including bridges and buildings constructed over maritime property
• Breach of commercial lease mediation between landlord and tenant involving unit defect claims
• Landlord-tenant mediation between restaurateur and property management consultant company for breach of commercial lease
• Mediated dispute alleging fraud, negligence, and breach of fiduciary duty related to damages arising from sale of real property
• Mediation and resolution of several cases involving municipalities, including attendance at city council executive sessions to further and complete settlements
• Mediation of non-disclosure dispute involving commercial air traffic patterns and claims by and between brokerage firms, buyers, and sellers
• Mediation over purchase and sale agreement dispute involving failure to disclose allegations
• Resolution of complex real estate breach of contract and non-disclosure matter among parties with strong religious and cultural differences
• Use agreement dispute mediated between private citizen and government entity

Honors, Memberships, and Professional Activities

• Recipient, Jerrold S. Oliver Award of Excellence, West Coast Casualty Conference on Construction Defects, 2003
• AV Rated by Martindale - Hubbell
• Recipient of 15 national and local awards from organizations on behalf of Homeowners Associations
• National Board of Trustees, Community Associations Institute (CAI), 2007 and member of its College of Community Association Lawyers and Board of Governors (national president, 2006)
• Senior faculty member, CAI; member of 5 member panel Speakers and Topics Committee for the annual West Coast Casualty Conference on Construction Defects; senior seminar advisor for national construction defect coverage seminars held by MC Consultants; co-chair for numerous Mealey’s Lexis Nexis construction defect seminars; helped coordinate Brookings Institute annual Construction Defect Seminars in Washington, D.C. and Orange, CA
• Lectured before local, national, and international organizations on topics related to construction defect litigation, community association law, and consumer class actions; panelist for the Judicial Symposium on Construction Defect Litigation on behalf of the AEI-Brookings Institute Joint Center for Regulatory Studies in Washington D.C.
• Faculty, California Association of Community Managers teaching California Law and Ethics, 1993-2008
• Author of books and articles on laws affecting community associations and construction defects, including Construction Defect Litigation - the Community Association’s Guide to the Legal Process and CAI’s accredited California course on Homeowners Association Law (Amazon.com)
• Member, California, Nevada, and Colorado Bar Associations

ADR Profiles

• "Dogged Determination," Daily Journal, ADR Profile, April 27, 2018
• "Building Consensus," Daily Journal, ADR Profile, August 6, 2010

Background and Education

• Partner, Feinberg, Grant, Mayfield, Kaneda & Litt, LLP
• J.D., University of San Diego School of Law, 1984
• B.S., cum laude, University of Southern California, 1981