I would be delighted to mediate your next case. As your mediator, I pledge to do everything I can to achieve your settlement goals while adhering to the highest professional standards.
Kirk Yake is a San Diego-based mediator, arbitrator, and attorney with over twenty years of litigation and trial practice, and over ten years of training and experience in mediation. From the time he is retained as mediator until settlement, Kirk is fully committed to working with the parties and their attorneys to reach resolution.
Mediation Style
Just like any legal forum, mediation can be uncomfortable and stressful for the parties, since they have to face and address their legal conflict in order to resolve it. Kirk’s goal is to provide each participant the opportunity to safely express his/her objectives, identify and evaluate options, and assess risks. Kirk is experienced in facilitating a constructive dialogue toward settlement, as well as confidentially assisting parties in evaluating their positions when requested and/or necessary. Kirk strongly encourages pre-mediation discussions as well as mediation briefing when appropriate. In order to maximize the value of the mediation session, Kirk will examine all case materials and evidence provided, and carefully listen to your position and objectives before mediation begins. Mediation is your opportunity to settle the dispute in a controlled, safe, neutral, and confidential setting; Kirk’s objective is provide the environment, structure and creativity to assist the parties in achieving settlement. Where multiple sessions are needed, Kirk follows up with the parties to make consistent progress toward settlement. In every mediation, it is Kirk’s ultimate goal that the parties and their attorneys are satisfied with the process and outcome of the mediation.
Affordability and Access to Mediation
Kirk adheres to the principle that the cost of mediation should not bar parties from obtaining assistance to resolve their disputes. Kirk Yake is committed to assisting parties to resolve their disputes without the expense and delay of litigation. Kirk’s hourly rate is priced to be affordable and reasonable. Where need and a showing of financial hardship is made, Mr. Yake will work with the parties to make mediation affordable to them.
Complex Case Management and Discovery Referee
In complex or multi-party cases, Kirk assists in case management and evidentiary issues necessary to overcome obstacles to settlement. When parties stipulate, Kirk is qualified to serve as a discovery referee in litigated cases as well as mediator to streamline the discovery and law and motion necessary to resolve key issues that are impeding settlement progress. Where the parties request, Kirk will serve solely as discovery referee, working closely with the appointed mediator in complex cases.
Legal Skills and Background
In assisting parties in evaluating options and assessing risks, Kirk draws upon his trial and litigation practice of over twenty years. In addition to his litigation and trial experience in construction defect matters, Kirk has represented homeowners’ associations as general counsel, and represented parties in various other matters, including nuisance, environmental and personal injury claims, and defended parties in construction contract disputes. In mediation, he relies upon his subject matter knowledge to help the parties assess, evaluate, and explore legal positions and contentions in order to assist in generating settlement options. Above all, Kirk’s objectives are pragmatic, to resolve disputes more quickly, efficiently, and affordably than either arbitration or litigation.
Legal and Mediation Experience:
- Trial lawyer, construction defect and environmental litigation (1994-2015)
- Mediator, West Coast Resolution Group (2011-Current)
- Mediator, San Diego Superior Court Panel (2016-Current)
- Mediator, Federal Equal Opportunity Employment Commission (EEOC) (2015-2016)
- Mediator, CAI Orange County Mediation Committee (2005-2009)
- Mediator, National Conflict Resolution Center (2008-2016)
Education
- University of San Diego Law School, J.D. (1993)
- University of California, San Diego, B.A., Political Science (Latin American emph.) (1987)
- Strauss Institute at Pepperdine Law School, “Mediating the Litigated Case” (2012)
- American Bar Association Mediation Training (2011)
- NCRC Mediation Credentialing Program (2008)
Professional Affiliations
- State Bar of California (1993)
- U.S. District Court, Southern District (1993)
- California Real Estate Broker (2005)
- San Diego County Bar Association, ADR Section Vice Chair, 2017, Chair (2012-2016)
- Community Associations Institute (1995-2014)
ADR Experience – Specific Areas
- Homeowners Association (CC&Rs, construction disputes)
- Real Estate (landlord-tenant, non-disclosure)
- Employment (discrimination, failure to hire, wrongful termination)
- Business/Construction/Consumer (contract disputes, corporate dissolution, buy-out)
- Professional Liability (fee disputes and liability)·
- Auto Lemon Law
Scheduling
Your case is important, and your window for scheduling mediation may be limited. Kirk maintains his schedule to accommodate your scheduling needs whenever possible, and welcomes new cases. Please contact him either by telephone or email.
Disclaimer: The information provided on this website is not intended to be legal advice. For your particular legal situation, please consult a licensed attorney for legal advice. Your review or use of information on this website does not establish and attorney-client or mediation relationship between you and Kirk D. Yake. For more information, please review the following page:
Notices and Terms of Use*
This site is intended to provide information regarding Kirk D. Yake, his mediation style, practice and background, and mediation in general. This site and the information provided, however, does not constitute legal or other professional advice, and must not be used as a substitute for the legal or mediation advice and services that you may require from an attorney authorized to practice law in your jurisdiction. Your use of this site does not create an attorney-client relationship or any other professional relationship whatsoever between you and Kirk D. Yake. Your reliance and use of the information contained in or linked from this site is done at your own risk.
Kirk D. Yake attempts to maintain the accuracy of the content of this website, and comply with all rules and requirements, including all ethical rules, of the State Bar of California. No warranty of any kind, express, implied or statutory, is given with respect to this website or any hyperlinks to other internet resources. Despite efforts to maintain the security of this website, you assume all risk for any damages, including damage to your computer resulting from computer virus, that results from use of, or obtaining content from this website. Kirk D. Yake reserves the right to modify, suspend or terminate this site at any time.