Bio: Jack C. Tjeerdsma

JACK C. TJEERDSMA, the principal of MEDIATION RESOURCES, has been a full-time mediator since 1990, specializing in personal injury, property damage, and business related disputes.

As a mediator, Mr. Tjeerdsma has successfully mediated hundreds of disputes involving personal injury, wrongful death, sexual harrassment, real estate, landlord/tenant, construction defect, property damage, product liability, subrogation, and various business and contractual matters. In mediating multi-party complex cases, he has successfully helped parties resolve insurance coverage and worker's compensation issues, apportion liability, and develop various structured and other creative settlements.

A member of the Association for Conflict Resolution (ACR) and the Association for Dispute Resolution of Northern California (ADR-NC), as well as serving on numerous Northern California court administered Mediation Panels, Mr. Tjeerdsma has conducted numerous trainings for insurance professionals and attorneys on the use of the mediation process.

Mr. Tjeerdsma has had over 30 years of experience in many diverse business areas. Prior to serving as a commercial mediator, he was an expert in structuring complex business transactions and was involved in numerous complex multi-party negotiations. His diverse business background allows him to be well versed on the issues in numerous dispute arenas and to be familiar with the various participants and their roles and responsibilities.

Active in real estate and construction, Mr. Tjeerdsma has acted as a principal, developer, and project manager, with the experience of taking major development through all areas of the public approval process, including local, county, and state public hearings.

Mr. Tjeerdsma's experience in the financial arena includes trading on the floor of the Pacific Coast Stock Exchange, heading both Institutional Sales and Institutional Portfolio Management for a major bank, and serving as Assistant to the President of that bank. He has designed and taught investment courses at the graduate level and instructed state and federal financial regulators on securities and portfolio management, as well as spoken to numerous groups on economics and investments.

He has been a founder, partner, and manager of diverse businesses and partnerships, including several farm management companies. He has also been a consultant and advisor to businesses and partnerships, particularly at formation. In addition, he has been a principal and consultant on various venture capital enterprises, including a number of energy projects.

Because of this prior business experience, areas of dispute resolution in which Mr. Tjeerdsma is particularly qualified include Banking, Finance & Securities, Real Estate, Construction, Agriculture, Employment, and Business and Partnership Formation and Dissolution.

Mr. Tjeerdsma is a Phi Beta Kappa graduate of the University of California at Berkeley with an honors degree in Humanities and is an honors graduate of the Pacific Coast School of Banking at the University of Washington.

A long time practitioner of Buddhism and Tai Chi, both based upon principles of cooperation and peaceful resolution of disputes, Mr. Tjeerdsma has helped develop several major Buddhist centers, including serving eight years as a Board Member and as the initial Project Manager of the 400+ acre Spirit Rock Center in Marin County.

Why We Are Different

1. Twenty years as a full-time mediator - experienced in a wide range of subject matters.
2. Thirty years of actual subject matter experience - direct experience in a wide range of subject matter arenas.
3. Well trained in process skills, conflict management, and negotiating skills.
4. Strong references from both plaintiff and defense bars.
5. Practices "classical" mediation.
   
   • Facilitative model - not settlement model.
6. Mediator sets case - not case manager.
   
   • Power of mediator authority.
   • Stronger commitments.
   • Creativity of understanding - practical background. Knows players and their responsibilities.
   • Strong background in psychology and spiritual practices.
   • Set up for success - verifies that all necessary parties will be present, with required authorities, and appropriate exchange of information.
   • Begins the trust process from first phone call.
   • Talks directly with all parties.
7. Goes where the case is.
   
   • No travel time or expenses in northern and central california.
   • Prefers to hold mediation on plaintiff's premises. Individual plaintiff is the one that most needs safety and comfort in order to trust the process and the mediator.
8. No administrative or pre-mediation fees if no mediation is scheduled.
9. No pre-payment or billing until mediation is completed.
10. Arrives early to "set the scene" and greet parties.
11. Very detailed mediator opening statement clarifies what the mediator does and doesn't do, and sets clear ground rules.
12. Creative.
13. Humorous.
14. Persistent.
    
    • Strong negotiating skills during mediation. Does not give up easily.
15. Association for Conflict Resolution (ACR) & Association for Dispute Resolution of Northern California (ADR-NC) member.
16. Brainstorms files on a case by case basis. Not a "file review".
17. Teaching.
    
    • Seminars and trainings - insurance companies, law firms, law schools, corporations.
18. Court panels.
    
    • Contra Costa, Marin, San Francisco, San Mateo, Santa Clara, Solano, Sonoma.
19. Competitive fees.
20. Personal service.

 

Reasons to Use Mediation

Major Benefits

• Minimizes Costs.
• Minimizes Time Spent.
• Minimizes Stress.
• Preserves Relationships.

Mediation Format

• Voluntary - Non-binding.
• Neutral and Impartial.
• Confidential.
• Flexible.

Mediation Process

• Improves Communication.
• Reduces Confrontation.
• Improves Perspective.
• Retains Control by the Parties.

Mediation Session

• Focuses on Resolution.
• Facilitates Exchange of Information.
• Facilitates Evaluation of Case.
• Improves Risk Analysis.
• Promotes Settlement Options.
• Tests Settlement Options.
• Provides Neutral Settlement Negotiations.
• Minimizes Time Spent On Settlement.

Mediated Resolution

• Promotes Mutual Settlement Agreement.
• Promotes Lasting Resolution.
• Confidential.
• Promotes Improved Relations Between Parties.

Criteria for Choosing Cases for Mediation

Cost Issues

• Desire to eliminate costly discovery and/or trial.
• Expense to pursue may approach or exceed settlement value.
• High stakes with risky outcomes.

Litigation Issues

• Desire to avoid litigation.
• Desire to organize and streamline litigation.
• Desire to focus litigation.

Education Issues

• Opposing counsel and/or client needs education.
• Unrealistic expectations.

Negotiation Breakdown

• Unclear how to proceed.
• Deadlocked negotiations.

Communication Issues

• Hostile or uncommunicative parties and/or counsel.
• Emotionally charged issues and/or parties.

Flexibility

• Willingness to re-evaluate liability and damages.
• Willingness to go beyond last offer or demand.
• Willingness to consider cost of continued litigation.

Time Issues

• Desire to eliminate prolonged discovery and/or trial.
• Dispute requires timely settlement.
• Time delays affect settlement options.

Complexity Issues

• Complex multiple issues.
• Complex facts and /or mixed questions of facts and law.
• Complex party issues - numbers, relationships between parties, internal problems within parties.

Relationship Issues

• Interdependent parties.
• Valuable to retain relationship.

Motivation to Settle

• One party, or both, motivated to settle.
• Party inclined to settle, doesn't want to appear weak.

External Factors

• External factors and/or parties motivate, complicate, and/or control dispute
• Necessity to avoid case precedent (or risk of setting precedent).