Alan W. Foutz, Esq.
After over twenty-five years as an attorney practicing in the areas of civil litigation, public interest law, insurance, and administrative law, I am now utilizing my knowledge, training and skills to assist litigants and those who are simply embroiled in a dispute by providing a trained and practiced hand to guide the parties toward a resolution. My mediation practice encompasses a wide range of areas, including employment, civil rights (discrimination) claims, homeowner association disputes, construction and construction defect (serving as both a mediator and special master), business and contract matters, personal injury and public agency/ administrative law matters.
My initial approach to mediation is very collaborative and facilitative, helping each party explore thoroughly and honestly the interests they are pursuing and protecting. As the issues are given a finer point and positions begin to be established, I will, if necessary, provide more evaluative information in order to avoid what looks like an impending impasse - or break an impasse that appears to have arisen.
News & Publications
Sliding Toward the Rapids
February 1, 2019. While fishing with my sons on the banks of the Sacramento River I was trying to walk along a narrow path that sloped toward the river’s edge. The path was mostly clay and moss and was wet and slick from the morning dew. It was also at a point along the river where the water was flowing rapidly by the rocky embankment just a few feet away.
Understanding Positions vs. Interests in Dispute Resolution
September 25, 2018. Anyone who goes to the doctor’s office with a sharp pain in their chest, or in their knee, or in their eyeball, will certainly want the doctor to remedy the pain – but they are going to be primarily concerned with what’s going on that is causing the pain in the first place. We will want the doctor to not just get rid of the pain, which can be accomplished with a pain-killer, but to also get rid of the problem that is causing the pain. Getting rid of pain is a remedy; getting rid of the cause is a cure. When we go to the doctor, we want to be cured.