Hon. Paul Herbert (Ret.)

Profile

Hon. Paul D. Herbert (Ret.) is a distinguished legal professional with a rich background in the judiciary, known for his legal acumen, impartiality, and commitment to justice. With a legal career spanning more than four decades, Judge Herbert has earned a stellar reputation as a seasoned jurist and effective settlement judge, marked by a keen understanding of the law and a passion for resolving complex legal matters.

Judge Herbert began his legal career as a research attorney for the California Court of Appeal, First and Fifth Districts. Transitioning to private practice in 1986, Judge Herbert joined Ropers, Majeski, Kohn, Bentley, Wagner & Kane, eventually serving as Partner for over a decade. During his time there, he focused on handling a variety of civil case types including insurance coverage and bad faith litigation, appellate litigation, as well as plaintiff-side products liability and class action cases. From 2001 to 2005, Judge Herbert returned to the Court of Appeal as a senior appellate attorney for Justice Mark Simons. He resumed private practice afterwards, serving as a Partner at several firms where his work focused on business, employment, and insurance litigation. His diverse legal background encompasses extensive trial practice, appellate work, and a comprehensive understanding of both plaintiff and defense perspectives in civil litigation.

Judge Herbert was appointed as a Judge of the Alameda County Superior Court in 2013. During his tenure, Judge Herbert served in a variety of civil and criminal assignments, including five years as a Civil Direct Calendar Judge. In this role, he navigated the complexities of civil cases, honing his skills in managing diverse legal matters. Judge Herbert served over five years as an unlimited civil case settlement judge, where he assisted in the resolution of all types of civil cases except family law. As a settlement judge, he garnered a reputation for his strong negotiation skills, understanding of nuanced legal issues, and ability to guide parties to mutually beneficial resolutions.

In 2024, Judge Herbert retired from the bench and joined ADR Services, Inc. to serve as a mediator, arbitrator, and referee. Drawing upon his extensive settlement experience in the courtroom, he now focuses on fostering collaborative solutions and resolving disputes in all civil case types. Judge Herbert’s unique blend of legal expertise, interpersonal skills, and commitment to fair and efficient resolution, positions him as an invaluable resource for those seeking alternative avenues to settle disputes.

Representative Cases

Testimonials

“Judge Herbert was a delight to work with. He was patient and had a lot of experience to win over both me and my clients. He was kind and made everyone feel that there was no pressure to settle and was always offering to explain things. I would use him again.”

“This was my first time working with Judge Herbert and I found him to be outstanding. He clearly puts a great deal of time, effort, and consideration into mediating cases as opposed to just running numbers back and forth as some other mediators do.”

“I very much enjoyed mediating with Judge Herbert. Our plaintiff was in pro per and had exhibited some unreasonable tendencies. Judge Herbert did an excellent job of bringing the plaintiff to a reasonable area for settlement. I also appreciated that Judge Herbert was able to get a signed agreement with the plaintiff which was my biggest concern. I would be interested in using Judge Herbert again.”

“At the beginning of the mediation, Judge Herbert offered more insight into his resolution process than I have ever experienced. He presented a real understanding of the impediments to settlement that the defense side often faces and set forth various different options on how to best work together towards resolution.”

“Judge Herbert is great. He has a good demeanor and makes our clients feel comfortable with the process. Being a former settlement conference judge is also helpful and lends to his credibility with the clients and the other side. We will continue to use him.”

“It is clear he has a passion for this profession and my whole team was very impressed by his work. In fact, I was so impressed that I pulled my supervisor in to meet him and my claims adjuster later informed me she had made a note of his information so that she could recommend him in the future.”

“I will absolutely be seeking Judge Herbert whenever possible in the future. In just one half-day mediation, I felt he proved himself to be trustworthy and collaborative, and I look forward to building on the relationship going forward. I will also be recommending him to my fellow attorneys at my office.”

“Judge Herbert is an effective mediator with a talent for getting entrenched parties to reach a compromise. His experience as a jurist carries a long way. We look forward to working with him again soon.”

“I found Judge Herbert to be very levelheaded and very proactive in getting both parties to move forward towards resolution. I look forward to working with him again.”

“I found Judge Herbert to be excellent. Well prepared, knowledgeable, and effective.”

“This was our first mediation with Judge Herbert. He was outstanding to work with — insightful, willing to listen and clearly extremely prepared. Ours was an employment discrimination case involving multiple plaintiffs and a public entity defendant. Judge Herbert handled the complexities of the disputes deftly and with attention to the underlying needs of the parties. Our clients were very reassured by his approach and trusted the input he offered. He is a wonderful addition to the ADR Services roster.”

“Judge Herbert did a great job. Very knowledgeable in employment law/experienced negotiator/knows a lot about mediation tactics. Will definitely use him in the future. I will give him an A+.”

“I’ve had him in several MSCs while he was on the bench and in a couple of mediations now, he’s very skilled in settlement negotiations and his judicial experience is invaluable.”

“Judge Herbert was fantastic. He is very good about seeing the big picture and doesn’t get lost in unnecessary details. He is also fun to work with and great with my client. I will definitely add him to my list of mediators and arbitrators that I am willing to use.”

“Judge Herbert is one of my favorites, and now on my short list.”

“Judge Herbert was great. He was patient and engaging with my clients, and took the time to communicate and explain the process, and answered all of their questions.”

“I think one of the most important qualities for a Judge to have, is patience. I have never seen a Judge as patient and as even keeled as you. It helped me present my case thoroughly because I did not feel rushed. I have a lot of anxiety while presenting a case to a jury, and your patience and control of the courtroom was very calming. There are so many other things you did and qualities that you have that are just outstanding, that I want you to know, that although you were just “doing your job” how great of a job you did.”

“I would like to bring to your attention the extortionary effort by Judge Paul Herbert to resolve the case, which was on the eve of jury trial: a case that easily could have occupied two weeks of the Court’s time and staff. For two years both sides were far apart, more than three million dollars on a breach of contract matter. This past week for two days, until past 7:00 p.m. after starting around 9:00 a.m., Judge Herbert worked both sides to move from their respective positions slowly and methodically, sometimes only at a $25,000-$50,000 clip. He did so while continuing to handle other court business. Then in the early evening on the eve of trial, Judge Herbert proposed his suggestion, which both sides agreed upon, albeit reluctantly. (A good sign of fairness.) I have been an attorney for more than 40 years and I have thought this case would never settle and it only did due to the skill and patience of Judge Herbert.”

“I wanted to take this opportunity to thank you personally for helping us reach a settlement. Your dedication to the process of working with both parties to end this lawsuit before it went to trial was obvious. After our mediation, I really had no hope we would ever come to a settlement, but your professionalism, knowledge, determination, and positive approach let to a resolution. Thank you so much.”

“I am quite sure that Defendants’ attorney would share my sentiments in thanking Judge Herbert for his tireless efforts in assisting the parties reach a resolution in this matter.”