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The Case of the Posthumous Pregnancy

Masters of Dispute Resolution
Masters of Dispute Resolution
The Case of the Posthumous Pregnancy
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Brad Bening is one of the most effective and well-regarded neutrals in Northern California. He has successfully mediated more than 2,000 cases throughout his career. In this episode, Brad shares the story of a conflict that arose in the aftermath of a wealthy man’s death when his family learned that he had fathered additional children, including two with an employee of his firm, born 11 months after his death, and what it took to resolve that conflict in mediation.

As a mediator, with a settlement rate of more than 98 percent, particularly in the areas of insurance, business, real estate, construction, intellectual property, corporate and partnership disputes, and professional liability, Mr. Bening has garnered a reputation as a quick study capable of skillfully identifying the core issues at the heart of a dispute. His extensive trial experience and highly evaluative approach to settlement, coupled with his tireless commitment to the settlement process, have established him as a mediator to whom clients can trust their most complex matters with utmost confidence.

He has been appointed as Special Master and Referee in more than 50 cases in Superior Courts throughout the Bay Area and in Federal Court. As a Special Master, Mr. Bening has helped parties manage and resolve numerous complex construction, real estate, business, and insurance matters, utilizing his skills as a mediator to achieve consensus among the parties.

Mr. Bening is an insurance coverage specialist, having represented both insureds and insurers in diverse matters for more than 25 years. He is recognized by both plaintiff and defense counsel as having a keen understanding of their perspectives and is often selected as the mediator in cases where coverage for one or more defendants is at issue – many times in matters more significant than the dispute in litigation. With his in-depth knowledge of all aspects of coverage, he can readily and accurately assess the issues for plaintiffs, insureds, and insurers while taking into consideration how insurance impacts the settlement. Mr. Bening has been included in The Best Lawyers in America since 2006, was named a Northern California Super Lawyer for six consecutive years, and is a member of the American Board of Trial Advocates (ABOTA).

Mr. Bening can be contacted through ADR Services, Inc. by email at joannateam@adrservices.com

Transcript