Tuesday June 25th 2024

Kathryn C. Marshall

Mediator

Kathryn Marshall began her legal career two decades ago in insurance defense as a litigation attorney and a professional mediator. She has a vast base of knowledge in guiding parties to resolution in both litigated and mediated cases. At Booth LLP she currently litigates cases involving property damage, premises liability, personal injury, traumatic brain injury, environmental contamination, and contract disputes. Key participants in these cases are the parties and their insurers.

Prior to joining Booth LLP, Ms. Marshall litigated cases in state and federal courts in a variety of sectors representing private parties, governmental entities, hotel chains, and religious organizations. Cases included product liability, real property, premises liability, personal injury, wrongful termination, professional liability, fraud, sexual harassment, sexual assault, wrongful death, construction defects, trademark and copyright infringement, and environmental matters involving the Clean Water Act and CERCLA.

Despite extensive discovery and trial preparation, cases were seldom resolved by a court or jury. When finally confronted with the unknown of a possible court or jury determined result, the parties found the impetus to settle. Inspired by the positive effects of the self-determined outcomes in cases she mediated, Ms. Marshall founded Westside Mediator in 2013 to focus on property, personal injury, contract, employment, and family disputes.

Ms. Marshall is known for her ability to engage parties and their insurers in the goal of resolution and reaching successful settlements in even the most contentious cases. Ms. Marshall is particularly adept at making a detailed and prompt assessment of a presented conflict and skillfully identifies missing facts and components that may hinder the parties’ decision making. Each mediation brings its own circumstances that must be addressed for the parties to accomplish a mutually successful prejudgment settlement. Through her careful guidance and encouragement, the parties explore all options for resolution and find agreements that provide certainty without the risk of a verdict imposed by the court or a panel of jurors.

Years of experience facilitating negotiations taught Ms. Marshall that getting a person to compromise requires adequate information. People cannot agree to what they do not know. This includes the named parties, and the insurers or funders of the settlement, each of whom must be able to freely weigh the benefits and detriments of their anticipated decisions. Ms. Marshall works patiently with the insurance adjusters and the parties to analyze all the available resources to make it possible for them to arrive at a mutual zone of compromise and move forward to a final settlement that can be funded successfully.

Years of experience facilitating negotiations taught Ms. Marshall that getting a person to compromise requires adequate information. People cannot agree to what they do not know. This includes the named parties, and the insurers or funders of the settlement, each of whom must be able to freely weigh the benefits and detriments of their anticipated decisions. Ms. Marshall works patiently with the insurance adjusters and the parties to analyze all the available resources to make it possible for them to arrive at a mutual zone of compromise and move forward to a final settlement that can be funded successfully.

During the past twenty years Ms. Marshall has conducted over 450 mediations in the following areas:

  • Business: contract disputes, partnership dissolution, executive conflict resolution, unfair competition, copyright and trademark infringement.
  • Real Property: easements, boundaries, breach of contract, sale/purchase contracts, options, failure to disclose, lis pendens, fraud, appraisals, and commercial lease disputes.
  • Personal Injury: vehicular accidents, slip and fall, and premises liability.
  • Employment: sexual harassment, discrimination, retaliation, wrongful termination, whistleblower, wage and hour.
  • Family: wills, trusts, succession, divorce, child custody, and visitation.

Personal

Prior to attending law school, Ms. Marshall was a professional photographer and documentary film maker whose published work appeared in Time Magazine, The Smithsonian, and National Geographic among others. While pursuing her studies at Southwestern Law School, Ms. Marshall became interested in conflict resolution and was first certified as a mediator through Los Angeles City Attorney’s Office of Dispute Resolution in 2003, and the Straus Institute at Pepperdine University in 2004, followed by an additional 500 hours of studies in advanced mediation training.

Ms. Marshall has made numerous presentations regarding the art of mediation to organizations including the SCMA Annual Conference, California Lawyers for the Arts, and the Santa Monica Chamber of Commerce. She has taught mediation in both elementary and high school through the Institute for Non-Violence Los Angeles, served as a mediator for the Los Angeles Police Department and community interest groups through Days of Dialogue.

Education

  • Southwestern School of Law
  • Juris Doctor
  • University of California, Los Angeles
  • Bachelor of Arts
  • Master’s Program in Film
  • Pepperdine University School of Law, Straus Institute for Dispute Resolution
  • Mediator Certification and Advanced Masters Skills Training

Admissions and Memberships

  • The State Bar of California
  • United States District Court 
  • United States Supreme Court
  • Los Angeles County Bar Association
  • Southern California Mediation Association
  • Employment Mediation Institute
  • California Lawyers for the Arts Institute for Nonviolence Los Angeles
  • UCLA Alumni Association
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