In 2002, Mr. Gruber was the speaker at a Lorman MCLE sponsored program on “Real Estate Litigation in California: Foreclosure and Trust Deed Practices, and in 1993, Mr. Gruber was the featured speaker at a California Trustee’s Association dinner. Mr. Gruber is the author of several articles, including “The Extended Hand of Bily v. Arthur Young & Co.,” SDCCAR COMMERCIAL REPORTER (November 1996); “Don’t Forget To Get It In Writing,” COMMERCIAL REPORTER, Vol. 2, No. 2 and the San Diego County Commercial Association of Realtors, February 1995; “Brokers Not Allowed To Stipulate To Reverse Judgments,” THE LAWYER’S MAGAZINE, Vol. 61, No. 10, San Diego County Bar Association, October 1994; “California’s Lis Pendens Statute, Part 1, THE ADVISOR (Spring 1993); and “California’s Lis Pendens Statute, Part 2, THE ADVISOR (Fall 1993).
Mr. Gruber was lead trial and appellate counsel in a protracted battle on behalf of a doctor who was discharged from his duties at the Balboa Naval Hospital. See Mir v. Fosburg, 646 F.2d 342 (Ninth Cir. 1980); Mir v. Fosburg, 706 F.2d 916 (Ninth Cir. 1983); and Mir v. Fosburg, 767 F.2d 933 (Ninth Cir. 1985). Dr. Mir’s Petition for Certiorari before the United States Supreme Court was denied without a hearing.
Mr. Gruber was also co-counsel with attorney Toni-Diane Donnet in Reveles v. Toyota by the Bay (1997) 57 Cal.App.4th 1139, the then precedent setting decision involving extended automobile warranties (Reveles was subsequently overruled in Gavaldon v. Daimler-Chrysler Corp. (2004) 32 Cal.4th 1246).
Mr. Gruber firmly believes the mediation process belongs to the parties and will utilize those skills necessary to help the parties come to a resolution fashioned by them with the assistance of their respective counsel. While the evaluative approach is the method with which most participants are most comfortable, other approaches, most notably the facilitative model, is employed where appropriate.
Mr. Gruber believes that listening carefully to the parties and their counsel, understanding their legal positions as well as their underlying interests, and allowing the parties and their counsel the freedom to create their own solutions, is crucial to a successful mediation. Crucial to the process is the realization that not every mediation results in a settlement at the first or the only session. Rather, it is often just as important to follow up with phone calls and emails to facilitate discussions between the parties and their counsel so that resolution can be effected even after the participants no longer occupy the mediation’s chosen venue. These phone calls and emails are engaged in voluntarily, for which no further charges are incurred.
Mr. Gruber firmly believes in the mediation process, knowing from years of professional experience that it is far superior to what can be accomplished in litigation. The parties save considerable time, enormous amounts of money, avoid the terrible and unavoidable stress of fighting each other in court, with outcomes often in doubt, and have the distinct satisfaction of shaping their own future.