Case Manager: Joanna Barron
Bradley A. Bening, Esq. 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 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. As a mediator, 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.
Local courts have frequently called on Mr. Bening to mediate or act as Special Master in cases which present unique challenges to case management and resolution. 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). He has served on the board of Community Housing Developers, a large nonprofit developer of affordable housing, since 1988 and the board of the Children’s Musical Theater of San Jose since 1994. He is also on the board of the American Cancer Society, and Artsopolis, an arts network nonprofit.
“Brad is not your typical mediator. He’s not uptight and sterile. He’s more personable and his booming presence kind of dictates that the parties listen.”
“Brad understands the interplay between the parties and how to organize them in big defect cases. He is blunt with his statements, credible and tireless.”
“When Brad paints the dark side of a case, he’s been through it. He can cite the law, and he can cite his own experience. He delivers that message where appropriate on a regular basis.”
“The most impressive thing about Brad is that he’s got a long history of being a successful trial attorney. It provides substance to what he’s saying. Nine times out of 10 he’s got an experience to share. He’s had so many jury trials himself that he is better than other mediators at telling you what juries are going to think.”
“Brad has a lot of savvy and trial experience. He can tell clients and attorneys what they face, how to prove something and how to develop something from a legal and factual standpoint.”
“Brad has a nice, soft touch at providing evaluations for clients. He does a very good job evaluating the risk. He has a pragmatic approach that helps people make informed decisions.”
“Brad Bening is an aggressive evaluator of cases who also has great legal acumen.”
“Brad is an outstanding mediator.”
“As always, Mr. Bening did a tremendous job. Look forward to working with him again soon on the next matter.”
“Brad Bening was professional and excellent, as usual. He is a superb mediator.”
