Case Manager: Mikaela Schmidt
Hon. Evelio Grillo comes to ADR Services, Inc. with a strong background in mediation, settlement, and arbitration. Prior to joining ADR Services, Inc., Judge Grillo served as the Alameda County Superior Court’s primary settlement judge from 2012 to 2017 and as the court’s Supervising Settlement Judge from 2017 to 2019. As the first Supervising Settlement Judge, Judge Grillo spearheaded the formation of the court’s Settlement Department, one of the first stand-alone dedicated settlement departments in the State of California, and a concept deemed revolutionary at the time. Judge Grillo established the first protocols and procedures for the Settlement Department, and introduced innovative settlement techniques such as the use of double-blind mediators’ proposals, actuarial case evaluation and jury verdict analysis in judicial settlement conferences. After leaving the Settlement Department for Civil Direct Calendar and Complex Litigation, Judge Grillo, as the chair of the court’s ADR Committee, successfully advocated for the replacement of the court’s judicial arbitration program with court mediation, a transformation welcomed by both the plaintiffs’ and the defense bars, and which opened up the court’s ADR processes to the mediation community.
Judge Grillo has broad experience in settling single and multiparty civil cases, both simple and complex. These include cases involving significant economic and non-economic damages, as well as catastrophic injury and death. A partial list of the case types Judge Grillo has settled include single and multiple plaintiff statutory and habitability claims filed against management companies and property owners; single and multi-party employment claims for wrongful termination, sexual harassment and race discrimination; personal injury, wrongful death and disfigurement claims arising from simple negligence, industrial injury, or defective products; premises liability and dangerous condition of public property; real estate fraud, easement, boundary and cotenant disputes; breach of contract and business disputes; and statutory and common law elder abuse claims. Judge Grillo has earned a reputation for crafting innovative settlements to resolve complex, multi-party disputes, and he is at his best where interpersonal conflicts present barriers to settlement.
Judge Grillo is known throughout the legal community for his extraordinary legal acumen, superior listening skills and patience, qualities that contribute to his success as a settlement judge and mediator. Judge Grillo handled an average of five to eight cases per week as a settlement judge, and successfully settled over 1,000 cases during his judicial career. A proponent of both evaluative and facilitative mediation, Judge Grillo’s problem-solving approach is grounded in a deep respect for the legal process and a belief in the importance of clear, reasoned communication. Judge Grillo demonstrates patience, thoughtfulness, and a blend of humility and wisdom, understanding that the best resolutions often come from listening carefully, asking the right questions, and allowing the parties to explore all possible avenues for agreement.
In addition to his experience as a settlement and trial judge, Judge Grillo has contributed significantly to the development of arbitration law in California through the publication by the California Supreme Court and the First District Court of Appeal of four of Judge Grillo’s trial decisions on arbitration unconscionability, the enforcement of arbitration agreements by non-parties, and the validity of arbitration clauses waiving statutory remedies. OTO, L.L.C.v.Kho (2019) 8Cal.5th 111; Vaughn v. Tesla, Inc. (2023) 87 Cal.App.5th 208; DeMarinis v. Heritage Bank of Commerce (2023) 98 Cal.App.5th 776; Mattson Technology, Inc. v. Applied Materials, Inc. (2023) 96 Cal.App.5th 1149.
Judge Grillo’s dedication to alternative dispute resolution includes over a decade of experience as a court-appointed discovery referee and court arbitrator prior to his appointment to the bench. Appointed to the Alameda County Superior Court in 2003, Judge Grillo presided over more than 200 jury and court trials across civil, criminal, and family law. Judge Grillo is a graduate of Harvard Law School and the University of California at Berkeley.
Judge of the Superior Court, Alameda County Superior Court, 2003-2024
Judicial Committees and Activities
Partner, Grillo & Stevens LLP, Oakland, CA, 1995-2003
Attorney, San Francisco, CA, 1985-1994
“My impression of Judge Grillo’s mediating skills was quite positive. He took the time to learn the case, to listen to the plaintiff and what she wanted to achieve, met privately with both parties several times, brought to bear at an appropriate time his views and his assessments of the strengths and weaknesses, and the risks involved in going forward, which were important in this case, and did it with a very neutral, well-tempered manner. I was very impressed with his handling of our matter and would consider using Judge Grillo again.”
“I mediate perhaps 10-15 cases a year of differing complexities. This was my first time using Judge Grillo, and I am enthusiastic about his performance. He had a good quality of being at once warm and accessible, but still judicial in a way that made folks want to listen to him. He worked hard and with diligence; he projected an air of caring that we get the deal done, and we got the deal done. 10/10 would recommend.”
“Judge Grillo is by far one of the most-prepared and effective resolution providers. He dives deeply into the facts and applicable law, and is relentless in attempting to achieve a fair result for all involved.”
