Steven N. Berger has almost 30 years of experience in representing parties in all sides of business disputes. He brings this experience to the mediation table as a knowledgeable neutral that is able to understand and communicate the legal and practical side of unsettled disputes. Mr. Berger’s experience has been most concentrated on assisting business owners, lenders, lessors, and other parties in resolving commercial disputes, with an emphasis on matters pending in the United States Bankruptcy Court or involving troubled loans or troubled businesses. These disputes often involve contract, real estate, lease, franchise agreement, or “business divorce” issues that commonly arise at mediation.
Mr. Berger’s skills as an attorney have been recognized in the nationally published “The Best Lawyers in America,” in the “Best of the Bar,” published by the Arizona Business Journal, and the “Superlawyers” publications. He has an AV rating from Martindale Hubbell. Recently, he was inducted as a fellow into the American College of Bankruptcy. He is is certified Business Bankruptcy Specialist by the American Board of Certification.
As a mediator, Mr. Berger has completed training at the Pepperdine College “Mediating the Litigated Dispute” program, and is a member of the panel of mediators maintained by the United States Bankruptcy Court, District of Arizona.
Our conference room and meeting facilities offer a pleasant environment to meet and private spaces to ensure your confidentiality. In some mediations, an alternative location may be used if it will facilitate communication or other facets of the mediation.
WHAT TYPES OF DISPUTES IS ENGELMAN BERGER WELL SUITED TO MEDIATE?
Debtor – Creditor Disputes: e.g., collection actions, foreclosure actions, guaranty actions, secured debt and loan workout arrangements.
Bankruptcy Disputes: all aspects including claim disputes, dischargeability disputes, preference actions, fraudulent transfers, plan formulation, trustee or examiner requests, professional fee disputes, stay relief motions.
Commercial Contract Disputes: shareholder and partner disputes, franchise agreement disputes, commercial leases, purchase and sale of business contracts, purchase and sale of real estate contracts, service contracts.
Family Business Disputes / “Business Divorces” Unraveling business relationships, business control issues, separating business assets or divisions, resolving loans and relationships in closely held companies.
HOW DO WE GET A MEDIATION SCHEDULED?
Prior to scheduling a mediation, the following steps are required:
We will need full disclosure of all parties to the dispute, and all legal counsel or other advisors that may be involved.
We will endeavor to our best ability to accommodate any timing issues. We find that most mediations require a full day to complete, but will schedule an initial mediation for a minimum of 4 hours if agreed by all the parties.
Mediation and Confidentiality Agreement
We will require all parties and counsel to sign a Mediation and Confidentiality Agreement prior to scheduling the mediation. This Agreement clearly lays out the roles of the parties, any conflict disclosures, and commits the parties and the mediator to confidentiality – a key component of the mediation process.
HOW ARE THE MEDIATION FEES HANDLED?
Our fees are typically based on an hourly rate for time spent in pre-mediation preparation and in the mediation itself. A deposit will be required at the time the mediation is scheduled. Parties often agree to split the fees as part of the Mediation and Confidentiality Agreement, but other arrangements can be agreed to by all the parties and the Mediator.
HOW DO WE GET STARTED?
Please call or email us to inquire about scheduling a mediation. In your initial call or email, please limit the information provided to non-confidential information as requested below. We do not become your mediator until after the Mediation and Confidentiality Agreement is signed by all parties to the dispute and any required deposit is received.