Practice areas
Phil Hosp has extensive knowledge in mediating cases dealing with a wide range of legal issues. In addition, Phil’s litigation experience in various areas of the law allows him to discuss the outcomes and consequences of going to trial if Mediation fails. Hosp Mediation offers Mediation services in the following legal areas:
Business law cases range between contract disputes, partnership and corporate dissolution conflicts, and consumer lawsuits, all of which can be resolved through Mediation. Phil has provided corporate, business and banking legal services to a broad range of companies. He has been general counsel for three California banks and on the board of directors of a major foreign-owned bank. At Hosp Mediation, he deals primarily with small and mid-size businesses that choose to mediate conflicts instead of bringing them to court. Through Mediation, businesses not only avoid litigation-associated fees, but also remain in control of the Mediation process and develop a mutually-agreeable solution.
Mediation resolves complex construction defect disputes involving major public works, commercial, industrial, and single and multi-family residential projects. Phil has significant expertise in building and construction law, specializing in construction disputes and construction defect cases. Hosp Mediation focuses on all aspects of such projects, including subcontractor and contractor issues. The inefficiencies of construction defect litigation are widely known, and Mediation provides an alternative approach to promote a quicker, cost-effective resolution.
Mediation provides a means to settle conflicts arising from various types of contracts. Disputes often result from contract formation, interpretation of contract terms, and enforceability of contracts. At Hosp Mediation, disputes are mediated concerning a wide range of agreements – including commercial, commercial leases, public works, Uniform Commercial Code transactions, real estate, manufacturing, sales and construction – with a goal to resolve these issues in a fair and efficient manner to ensure that the parties’ relationships will not be adversely affected.
Mediation is an effective means to deal with Employment disputes because of the numerous legal, factual and emotional issues involved. Hosp Mediation facilitates discussions between employer and employee disputes concerning a wide range of Employment Law matters, including wrongful termination, retaliation, and discrimination claims under the ADA. Mediation is particularly successful in this area because disputes between an employer and an employee can be very damaging to a business. As opposed to Mediation, employment disputes resolved through litigation often result in unfavorable precedent for employers and unaffordable legal fees and costs for employees.
Insurance law is the cornerstone of Hosp Mediation. Mediation is used routinely by a wide range of parties within the insurance field, including major insurance companies, small and mid-size insurers, self-insured organizations, and risk retention groups. Phil has extensive experience in insurance defense litigation, including auto, common carrier, construction defect, general negligence and products liability litigation. He has worked with select insurance brokerage firms to develop specialized insurance programs, risk retention and purchasing groups as well as captives and risk management products. Hosp Mediation deals with complex insurance cases, as well as routine insurance coverage disputes, dealing with issues such as coverage, bad faith, and first and third party casualty losses. Through mediating these cases, parties can successfully and cost-effectively attain favorable results before turning to litigation.
Mediation is often used to resolve cases in which a person has suffered some sort of injury – either physical or psychological – as a result of an accident. Cases range from large matters in which the plaintiff is suing for wrongful death or is permanently and severely disabled, to smaller cases with less severe injuries. Hosp Mediation strives to resolve personal injury cases by providing a neutral perspective on the case and a forum where the parties can discuss issues, negotiate, and ultimately obtain a fair and reasonable solution. The advantage of mediating these claims is that Mediation is quicker than litigation and more satisfying both emotionally and financially.
Property damage claims – where public or private property has been damaged or destroyed – are successfully addressed in Mediation. Property damage results from different types of incidents, including car accidents, fire, theft, natural disasters, and trespass. Hosp Mediation’s goal in property damage cases is to guide the parties to reach an agreement that compensates the injured party for his or her property loss. In turn, reaching a settlement ensures that additional consequential damages are not accumulated by delaying a resolution of the dispute through litigation.