Todd dedicates his practice to mediating litigated and non-litigated matters with a particular emphasis on employment disputes and personal injury matters. Todd spent more than a decade representing the legal interests of employers and employees, plaintiffs, defendants, businesses and individuals, providing him with a unique understanding of each perspective. His experience litigating in both state and federal court, and resolving scores of cases via trial, arbitration, mediation and direct negotiation further contributes to Todd’s ability to communicate with counsel and substantively aid them in negotiating a reasoned resolution.

Success in mediation is often reached only after counsel has had the opportunity to fully discuss and analyze the strengths and weaknesses of their case, and the potential risks and benefits of going to trial. Todd believes his experience as an advocate and mediator in the following substantive areas provides him with the necessary knowledge and understanding to engage in a productive dialogue:

Labor and Employment (including, discrimination, sexual harassment, wrongful termination, retaliation, CFRA, FMLA, ADA)
Personal Injury
Commercial/Business Disputes

Todd also has significant experience in the following areas: Housing Rights, Real Estate, and Construction Defect.

Each case is different and brings with it its own host of particular issues, some of which must be recognized and dealt with before there can be productive settlement negotiations. Todd recognizes this and in doing so has developed certain practice specialties. Todd’s experience and understanding make him particularly suited to mediate the following types of matters:

Often, the biggest impediment to productive negotiations is the unresolved emotional issues that underlie many cases.

In some cases past history between the parties, the current relationship between counsel, and complex discovery, motion or legal issues may create obstacles to productive negotiations.

The mediation of a multiple party matter typically involves the mediation of several “cases” within the case because of the multiple interests and multiple sets of counsel.

The introduction of insurance into litigation requires consideration of issues such as the insurance company as a litigant and whether and to what extent insurance may apply.

While engaging in mediation prior to or even early in litigation can be of great benefit, it also requires the participants to speculate on matters that may be critical to the ultimate outcome.

"Thank you for keeping us all here, anyone else would have called it a day long before the case settled."
“You are the James Brown of mediation -- You are the hardest working mediator in the business."
“You are tenacious. I mean that in the nicest way.”
“I really believed this case could not be settled. Thank you for not giving up.”
“I really enjoyed working with you. It is apparent you love what you do very much.”
"My client and I thank you for your passion and commitment."


©2003 Todd A. Smith ESQ. All Rights Reserved.