HADLEY BATCHELDER
Arbitrator/Mediator
17865 Lyons Valley Road
Jamul, CA 91935-3748

Batchelder Dispute Resolution Services
www.batchelderdrs.com
batchelderdrs@direcway.com

Introduction

The purpose of these web pages is to provide personal and background information about me to those who might be interested in my services as arbitrator or mediator. Most of the panelist and résumé information available elsewhere is abbreviated. The emphasis here is on providing information to avoid potential and perceived conflicts of interest, a matter of great import in California and elsewhere. I hope the information provided here will assist in establishing trust and impartiality, both necessary for successful arbitrations and mediations. I have always resisted using the term “neutral” to describe me since I feel that no one is totally without bias. I have weathered many storms and have had my share of life experiences which contribute to my character and my world view. But I strive to be as impartial as I can be, given my upbringing and experience.

Current Status

I recently retired from Thomas Jefferson School of Law in San Diego, CA (formerly Western State University, College of Law) after 33 years of teaching law. During my teaching career I taught a number of courses including Torts (civil wrongs), Contracts (formation and enforcement), Labor Law (focusing on organized labor and management), Community Property (marital property law), Real Property, Mediation (consensual facilitative dispute resolution) and Arbitration (consensual binding private judging) and Criminal law. Even prior to my retirement from teaching, I arbitrated and mediated cases for the American Arbitration Association (AAA), the Federal Mediation and Conciliation Service (FMCS), the Private Adjudication Center (PAC) and the California State Mediation and Conciliation Service (CSMCS) and I intend to continue to be a panelist for the named entities. However, I am available for dispute resolution services not administered by a group or organization and can provide sample submission agreements to interested parties. Using the California Code of Civil Procedure, §§ 1280 et seq., the California Arbitration Act as a starting place, parties can fashion agreements to arbitrate frequently at much lower cost than when using an agency as administrator. Because of its flexibility, the parties can even agree to a set of rules such as those promulgated by the American Arbitration Association and not use the Association as administrator or simply (or not so simply) make up their own rules.

Affiliations

I was a member of SPIDR [now The Association for Conflict Resolution (ACR)], IRRA (Industrial Relations Research Association), The California Dispute Resolution Council (DRC), the Southern California Mediation Association (SCMA), and other similar groups. I am no longer active in those groups and may have ended my membership or affiliation because, frankly, they no longer hold my interest. I continue to be an active member of the California State Bar and my member number is 36730 (under the name Henry Hadley Batchelder, Jr., my full name at the time of my admission). The State Bar website is at www.calsb.org/ .

Family and Friends

My wife is Ashley L. Walker. She works for the City of San Diego as the Executive Director of the San Diego Human Relations Commission. A website describing the commission is at http://www.sannet.gov/human-relations. From time to time through my wife I meet members of the Commission, the Mayor and other city and county officials such as council-persons, the City Attorney, District Attorney, the Sheriff and Chief of Police. I know none of these persons well except the new District Attorney, Ms. Dumanis. She was a former student of mine and I have kept up with her career and supported her endeavors. My son is Matthew W. Batchelder; he lives in San Diego. My daughter is Elizabeth E. Batchelder; she lives with her husband, Russell Archer, in San Francisco. I practiced law in San Diego first as a Deputy City Attorney (1967), then as a staff attorney for Defenders, Inc. (principally at juvenile court and at the El Cajon courthouse in 1968). I then was an associate with Dan Hunter and Charles “Buzz” Renshaw (until 1972); then as a partner in Batchelder and Angus (with attorney Stephen M. Angus) until 1976. Finally I was “of counsel” to John Farrell and Herbert Exharos for a brief period in 1976-1977. Because of my affiliation with Western State University College of Law, now Thomas Jefferson, and because I practiced law in San Diego for many years, I know many lawyers, some better than others. When I see a name I recognize in any dispute in which I am or might become involved I disclose how I know the individual. But when I do not recognize the name of a former student or colleague, it is incumbent upon that person to advise all concerned of the extent of the relationship. I have recently become “of counsel” to the law firm of Herring and Herring. I’ve known C. David Herring for many years in various capacities including as a fellow teacher at WSU, as the school’s attorney from time to time and as a friend. Margaret Herring, David’s partner and daughter, is a former student of mine at WSU/TJSL. They have graciously permitted me to use their facilities to hold arbitration and mediation conferences (755 Broadway Circle, 2nd Floor, San Diego, CA 92101-6160) and to hang my hat there on occasion.

Home Office

In addition, I maintain a fully functioning office in my home in Jamul (17865 Lyons Valley Road, Jamul, CA 91935-3748) where, in addition to mail and email, I receive phone calls [(619) 468-9335] and faxes [(619) 468-9325]. Frankly my home in Jamul is an ideal setting for mediations, but it is a 35 minute drive from San Diego.

Compensation

For my work with the AAA I am compensated for most cases at $1200 per diem. In other arbitrations my usual fee is $150.00 per hour, plus expenses. For mediation work my fee is $300.00 per hour with a minimum of two hours. For work in the San Diego area there is usually no charge for travel or travel time. In other locales I may charge travel expenses and, if I travel by car, 35 cents per mile; but no travel time charges regardless of the mode of travel. I do bill for cancellations. My cancellation fee is $200.00 if notified within 72 hours of the date set for hearing and $400.00 if notified within 24 hours of the hearing.