Viggo Boserup

Boserup Mediation

San Diego, California 92101

310-392-3044

Civil, Commercial, Employment, Financial, Healthcare, Legal Malpractice, Medical Malpractice, Real Estate, Trusts and Estates, Wrongful Death


Viggo Boserup, Esq. is an accomplished mediator who is widely respected by counsel for his impartiality in treating all parties fairly and ability to quickly identify critical issues. His exceptional listening skills and sensitivity toward each party make him particularly well suited for resolving emotionally charged, complex cases. Mr. Boserup is also well regarded for his financial modeling skills. Known for his fortitude in obtaining a productive result and going the extra mile, Mr. Boserup follows up with parties to effect a settlement, sometimes long after the mediation session is over.

 

 

ADR Experience and Qualifications


Mediations

Mediated more than 5,000 cases including multiparty, complex matters that have covered a full range of issues involving commercial, complex financial issues, construction, employment, entertainment, estate planning, fair housing act enforcement, insurance coverage and bad faith, intellectual property, personal injury, products liability, professional liability, property damage, special master, wrongful death, and other issues


Special Master

                    
Mr. Boserup has served as Special Master in cases involving dozens of law firms and thousands of claims. He is serving as Special Master in charge of non-binding mediations in a regional disaster involving in excess of $1 billion in claims and has designed Cloud-based systems for administering multiple claims through transparent methodologies.


Previous Experience as an Attorney


As an attorney, he specialized in probate, trusts, and estates; tax; finance; oil and gas (including 20+ years of managing working interests in more than 35 oil & gas leases); construction, real estate acquisition and development as well as the related areas of insurance coverage and liability


As a businessman, Mr. Boserup has developed both commercial and residential real estate projects and has served as CEO of a national industrial construction company. He was responsible for developments and real estate and industrial construction projects across the country and has managed the daily operation and the strategic planning of a business involving projects with more than 1,000 employees in 26 states. Mr. Boserup has facilitated meetings with neighborhood groups, planning commissions, and city councils. As a real estate developer and an instrument rated private pilot, he has assisted in the resolution of aviation-related issues and has coordinated the development of consensus on issues ranging from economic development, planning, public works, safety, design, construction, public financing and the like.


Representative Matters

                    
Aviation:
Mr. Boserup is a licensed pilot and has successfully resolved a number of disputes involving the aviation industry including matters involving claims of pilot error, aircraft damage, crash analysis, and products defect.

Commercial: hundreds of claims resolving residential and commercial fire losses; disputes ranging in complexity from two to multiple parties, including class actions; issues include breach of contract, unfair competition and theft of trade secrets, shareholder and partnership, partnership dissolution, commissions, securities churning and broker malpractice, commercial real estate, and financial institution disputes

Employment: hundreds of employment matters involving claims for wrongful termination claims based on age, race, and gender discrimination; constructive terminations; sexual harassment; failure to accommodate; retaliation; wage and hour disputes; whistle blower; hostile work environment; and breach of employment contracts

Estates/Probate/Trusts: restructuring of principal of generation-skipping trusts to settle family claims; division of personal injury proceeds among survivors and estates; sale of estate assets to resolve claims against fiduciary; will contests, oral contract to make a will, and undue influence.

Governmental Agency Enforcements: multiple Department of Justice cases to enforce Fair Housing Act provisions for handicapped access involving joint and several liability of design professionals, owners, builders and other construction-related parties. Multiple FDIC cases vs. escrow agents, real estate brokers, real estate appraisers, purchasers, sellers and other parties involved in lending practices leading to financial crisis of 2007 and later.

Healthcare: hundreds of payor-provider disputes between (and among) hospitals, physicians, physicians groups and insurers, HMO’s, Medicare, and Medicaid. Issues include usual/customary charges, billed charges, out-of-network rates, contract rates, reimbursement of overpaid rates, Stark Regulations, case rates, per diem rates, reorganization of physician-owned hospitals.

Insurance Coverage, Bad Faith, and Other Claims: hundreds of disability claims based on ERISA and non-ERISA plans and numerous other bad faith and coverage claims resulting from physical injuries, disabilities, diseases, and psychological illness

Personal Injury: more than 1,000 soft tissue injury cases; mass tort settlement divisions involving hundreds of parties; numerous claims ranging from slip-and-fall to catastrophic injuries; vehicular injuries involving autos, motorcycles, trucks, boats, commuter and freight trains; injuries on school property; construction site accidents; mold infestations; sexual assaults; and others

Products Liability: rollovers of SUVs and autos; gas storage tank explosion resulting from pressure relief valve malfunction; injuries caused by alleged defective design of construction equipment, nail gun, asphalt spreader, tank liners, boat transmission, yard tractor, auto gas tank, seat belt, playpen, hip replacement hardware; injuries caused by inadequate warning or failure to warn in air bag malfunction, exploding lubricant, exploding boiler, skip loader, and wheel chair

Professional Liability: hundreds of medical malpractice claims, numerous legal malpractice claims, and claims involving pharmacists, accountants, insurance brokers, architects, and design professionals

Real Estate: two-party and multi-party landlord/tenant disputes; failure to disclose; property line; mold damage and injuries; re-opened earthquake claims; breach of contract; breach of fiduciary duty; claims for damage caused by water intrusion, leaking bathtub caulking; view obstructions; disputes between brokers, buyers, sellers, and investors; landslide; and tenant claims of reduction in housing services under rent stabilization ordinance involving 111 parties

Wrongful Death: cases involving drowning, vehicles, medical malpractice, carbon monoxide poisoning, failure to provide adequate security, negligent care, elder abuse, shootings, students, commercial airline cras



Honors, Memberships, and Professional Activities


Recognized as one of the top 50 mediators in the state of California, Daily Journal, 2004


Diplomat Member, California Academy of Distinguished Neutrals


Member, California State Bar, Los Angeles County Bar Association, and Lawyers-Pilots Bar


Instrument rated licensed private pilot


A native of Denmark and fluent in both Danish and English, Mr. Boserup has taught mediation to hundreds of lawyers, judges, students, teachers, and mental health professionals in both the United States and Europe.

Authored articles in both domestic and international publications on the benefits of mediation for attorneys and clients alike


Background and Education

                     Full-Time, Mediator in Private Practice, 1992-present

                     Private Law Practice, 1970-1992

                     J.D., Hastings College of the Law, 1969

                     B.S., Princeton University, 1966

Commercial Mediation


Conflicts and disputes are part of every-day business life. A conflict may pose both risk and opportunity. It is our response to conflict that gives rise to that opportunity...an opportunity for constructive change. Typical business disputes are good candidates for resolution by Alternative Dispute Resolution and especially mediation. Some advantages of mediation over traditional litigation include the following:


  • Control the outcome:
    The parties make the decision. The settlement, if any, will be decided by the parties, not imposed by a judge or arbitrator. This greatly reduces the fear that is likely to be present when the dispute is large enough to threaten the solvency of the business or its owners. It also for commercially reasonable  settlements outside of what might be imposed by a judge or an arbitrator

  • Control the process:
    The parties will select the mediator and decide which issues will be addressed, when sessions will be scheduled and how fees will be apportioned. In short, the parties design the process, and it can be well defined and predictable.

  • Save costs:
    In mediation, lawyers act in a consultative or coaching role, with clients or executives normally participating directly in the mediation. In contrast, business disputes in court can result in the client assuming less of the important decision-making role.

  • Deal with the real issues:
    Parties can discuss the true problems and issues in dispute, including personalities, rather than arguing about each side's legal points. The result often is that a better, more honest and effective solution is reached, which leaves participants feeling better, not worse.

  • Discuss technical issues:
    Issues which may be too complex or technical for a judge to grasp in the rushed atmosphere of a courtroom can be handled in mediation.

  • Speed:
    Mediation can be scheduled and likely concluded as quickly as the parties need.

  • Confidentiality:
    Control unwanted publicity. Mediation avoids public exposure of business mistakes, internal problems and trade secrets. This is a significant benefit. Due to possibly sensitive issues, a local or national company may have an important interest in preserving its reputation and goodwill. Sometimes the negative costs of going public with a dispute can be huge.

  • Preserve relationships:
    Mediation can allow the relationship between disputing businesses to continue beyond the dispute. The very process of arriving at a consensus decision can be the foundation for the parties to continue to do business together. Going to court may destroy that potential. Many businesses also realize the value of using mediation as part of an overall strategy to build and keep good customer relationships. The same is true for disputes with employees.

  • Plan for the future:
    Parties can devise a plan for a future working relationship rather than limit discussion only to the dispute at hand.
  • Satisfaction with the process: Mediation has an 80%+ settlement rate and participants are generally much more satisfied with the process especially compared to other forms of dispute resolution.

This is only been a brief overview. Mediation has significant benefits for the business community. Creative ways of resolving conflict by owners and managers can add to the bottom line of any business whether large or small.

JAMS Santa Monica Resolution Center

1601 Cloverfield Blvd. Suite 370-South

Santa Monica, CA 90404

Tel: 310-392-3044

Fax: 310-396-7576


Email: [email protected]


JAMS Downtown LA

707 Wilshire Blvd. Los Angeles, CA. 90017

Other locations  JAMS Orange, San Diego and San Francisco, CA.