Jerry Spolter, Esq., a veteran mediator and recipient of numerous awards in the field of mediation, is widely recognized for his energetic, upbeat persona, and tenacity in getting parties to resolve disputes. Among Mr. Spolter's crucial strategies for successful mediations is identifying and resolving "red flags" before settlement talks even commence, as well as diligent preparation, and persistent follow up.

ADR Experience and Qualifications

Mr. Spolter has served as a neutral in more than 4,000 disputes covering a full range of issues since 1985 emphasizing business, employment, professional liability, and catastrophic personal injury. Cases have ranged in value from zero to several hundred million dollars; likewise, the number of parties range from two to more than a hundred, exclusive of class actions.

All matters below were handled by Mr. Spolter as a mediator unless indicated otherwise.

Representative Matters

• Aviation
• Catastrophic personal injury and wrongful death disputes including wrongful death allegations arising from airline crashes 
• Bodily injury claim involving severe burns, including against United Airlines for hot water spilled by flight attendant onto a passenger 
• Maritime Admiralty
• Premises liability claim due to defective and dangerous condition of a tour boat resulted in wrongful injury 
• Maritime dispute arising from the wrongful death during a dive operation 
• Numerous claims involving the Jones Act (Merchant Marine Act of 1920) and Longshore Harbor Workers Act (LSHWA) resulting in wrongful injuries sustained while working aboard vessels 
• Maritime dispute arising from the wrongful injury on a fishing boat resulting in a partial amputation 
• Personal Injury
• Catastrophic personal injury and wrongful death disputes including wrongful death allegations arising from construction sites and military exercises 
• Claims of personal injury on construction site resulting in employee’s injuries, loss of earnings/earning capacity, and general damages 
• Claims of negligence and personal injury in trucking yard resulting in employee’s injuries, loss of earnings/earning capacity 
• Premises liability claims resulting in bodily injury 
• Wrongful death claim involving food poisoning 
• Claims of elder abuse by assisted living facility 
• Wrongful injury claim against Chase Center’s insufficient railing 
• Claims of negligence regarding a motor vehicle accident 
• Bodily injury claim involving severe burns, including against Peet’s Coffee Shop for hot liquid spilled on a minor 
• Numerous claims of sexual abuse, assault and battery, including against multiple school districts 
• Personal injury matter in which an autonomous vehicle, operated by Cruise, LLC, struck, pinned a pedestrian under the vehicle 
• Federal Tort Claims Act case involving a vehicle collision by a truck owned and operated by the United States Bureau of Reclamation 
• Numerous personal injury claims involving motor vehicle accidents 
• Business Commercial
• Hawaiian retail chain’s computer defect claim against national accounting firm 
• Franchisor-franchisee disputes 
• Municipality’s False Claims Act against long-term tow and storage contractor 
• Interfamily dispute over the management and control of a family-owned business 
• Breach of contract dispute involving an insurance brokerage’s restrictive noncompete covenant 
• Real Property
• Numerous disputes between landlords and tenants, including claims of wrongful eviction 
• Insurance
• Insurance bad faith and major subrogation claims 
• Insurance coverage dispute 
• Insurance claims arising from a wrongful death case involving a collision between a motorcycle and box truck 
• Professional Liability
• Legal, accountancy, dental, and medical malpractice claims 
• Professional negligence and sexual abuse claims against a chiropractor 
• Professional liability and negligence claims against tax service provider 
• Professional malpractice claims against an accountant 
• Medical malpractice claims against Sutter Valley Hospitals 
• Product Liability
• Regional Transit District's claim against manufacturer regarding defective bus fleet 
• Product liability defect class actions 
• Product liability and negligence claim alleging a Lithium-Ion battery resulted in destruction by fire of a city bus 
• Product liability claim involving a large commercial van 
• Medical product liability and negligence dispute claiming serious and debilitating injuries caused by the gadolinium-based contrast agent injected for diagnostic magnetic resonance imaging (MRI) 
• Product liability claim involving a large commercial van 
• Employment Law
• Numerous employment and wage & hour disputes, including claims brought under the Private Attorney General Act (PAGA) 
• Employment and product defect class actions 
• Employment dispute involving sexual assault 
• Numerous employment discrimination disputes involving claims of discrimination and/or harassment, under The Fair Employment and Housing Act (FEHA), based on gender, race and/or disability, as well as claims of wrongful termination, retaliation, and failure to accommodate 
• Breach of contract employment dispute between account executive and company alleging breach of contract, retaliation, and demotion 
• Agribusiness & Food Law
• Price disputes between California agricultural growers and canners 
• Construction Defect
• Construction defect claims including school auditorium and municipality's $40 million water system defect claims 
• Breach of contract claim against owner for non-payment of costs after termination of construction contract with contractor 
• Construction defect dispute involving water damage and negligence 
• Class Action
• Class action involving the Fair Debt Collection Act 
• Class action involving a utility operations business 
• Class action involving wage and hour claims and hiring discrimination (based on gender and/or race) against a linen retailer 
• Personal injury class action involving Manganese related health claims by 52 bridge welders 

Honors, Memberships, and Professional Activities

Background and Education

• Managing Partner, Spolter, McDonald & Mannion, San Francisco, CA, 1975-2005
• J.D., University of the Pacific, McGeorge School of Law, 1974
• FAA Commercial Pilots License, 1972; NAUI Scuba Certificate 1975
• Major, USMCR, Plt. Cmdr., Co.Cmdr., Aerial Observer, Viet Nam, 1968-1970
• Defense Language Institute (Vietnamese), 1968
• Language: Spanish
• B.A., Political Science, San Jose State University, 1967