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RICHARD A. HUVER, ESQ.

  • Based in San Diego, available in All of California
  • Mediation Only

Introduction

For three decades, Richard has been driven by a finely honed skill set, empathy, and the tenacity to achieve resolution. With his dedication to the legal field and commitment to ethical standards, it is no surprise that he has quickly become a highly sought-after mediator.

Richard specializes in business, employment, insurance, and all types of tort cases, with settlements ranging from five to eight figures. He was recognized as a Super Lawyer for ADR in Southern California in his third year as a mediator and has been honored as such every year since. As President of both the San Diego County Bar Association and the Consumer Attorneys of San Diego, he further demonstrated his pragmatic leadership style, creativity, and integrity.

Throughout his career, Richard has garnered the experience, temperament, and wisdom to resolve disputes professionally and expeditiously. An attorney described Richard’s approach to mediation stating, "He was fully prepared, understood the complexities of the case and the client’s needs, and focused on resolving the matter to the satisfaction of both sides.”

Practice Areas

Hobbies & Interests

Richard enjoys playing golf, spending time with his family, and going out for sushi.

Website

https://www.huvermediation.com/

Testimonials

"Richard is definitely in my personal top 3 mediators in San Diego. He is always prepared, knowledgeable, and results-oriented."
- Attorney on a General Negligence Matter

"Smart, a seasoned trial lawyer, with a great attitude, work ethic, courtesy, and respect.”"
- Attorney on a tort case

"Richard was amazing. Rolled up his sleeves and got it done."
- Attorney on a Civil Rights case

"He was very well prepared and fully appreciated the facts, law, and both side's strengths and weaknesses."
- Attorney on a Personal Injury Matter

"Richard was great in dealing with all the claimants, including pro-per parties to get the case settled."
- Attorney on an Insurance Policy Distribution case

"Richard, I had a feeling you were the right person for this. Having had to deal with the myriad of special interest factions as our County Bar leader I was confident you would be up to the challenge of taking on rooms full of competing interests on the defense side of this one. Now the number of people I did not expect, nor the Friday evening negotiating hours (and likely not you either ) but my clients and I truly were fortunate to have you as our mediator. I can’t thank you enough for putting in the effort you put in. Truly a mediation that always will stand out for me. Thanks for making it happen. "
- Attorney on a Multi-Party Catastrophic Injury matter

"Richard was fully prepared, understood the complexities, understood the client and focused on resolving the matter to the satisfaction of both sides. Well done!!!"
- Attorney on a business/contractual dispute

"Effective resolving the material issues needed to achieve a settlement. Doesn't waste a lot of time, and is obviously prepared to go to work when the bell rings."
- Attorney on a Personal Injury case

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Experience Summary

Legal Career

  • Full-time Mediator (2016-Present)
  • The Huver Law Firm (2009-2018)
  • Partner, Levine, Steinberg, Miller & Huver (1998-2009)
  • Associate, Levine, Steinberg & Miller (1994-1998)
  • Law Clerk & Associate, Law Offices of Ned Good (1982-1994)

Education & Professional Affiliations

  • J.D., Southwestern University School of Law (1987)
  • B.B.A., University of San Diego (1982)
  • Pepperdine Straus Institute for Dispute Resolution, Mediating the Litigated Case (2015)
  • National Conflict Resolution Center, Mediation Skills Training (2015)
  • Consumer Attorneys of San Diego; President (2006); Board of Directors (1998-2009)
  • San Diego County Bar Association; President (2015); Board of Directors (2012-2016)
  • Louis M. Welsh Inn of Court; Master (2007-2014); Senior Master (2015-Present); Executive Committee (2019-Present)
  • Lawyers Club of San Diego; Fund For Justice Committee (since 2009); Co-Chair Mediation Task Force
  • California Women Lawyers, Member (since 2019)

Achievements & Awards

  • Super Lawyers, Alternative Dispute Resolution, San Diego (2019, 2020, 2021, 2022)
  • An Insider's View: Effective Mediation Strategies (2019)
  • Super Lawyers, Top 50 Lawyers, San Diego (2018)
  • Why You Need The Power Of The Pause (2018)
  • Super Lawyers, Personal Injury, San Diego (2012-2017)
  • The Daily Transcript, Top 10 San Diego Personal Injury Attorney (2011)
  • The Daily Transcript, Top 10 San Diego Insurance Attorney (2009)
  • San Diego Magazine, Top San Diego Personal Injury Attorney (2010-2016)
  • Top San Diego Personal Injury Attorney, Our City San Diego (2010 – 2012)
  • Top San Diego Personal Injury Attorney, San Diego Metro (2011, 2012)
  • Outstanding Advocacy Award, Consumer Attorneys of San Diego (2011)
  • Outstanding Trial Lawyer Award, Consumer Attorneys of San Diego (2000)
  • Martindale-Hubbell, Highest Rating for Legal Ability and Ethical Standards
  • Avvo, Super Rated Attorney, Highest Rating Possible, 10.0

Legal Experience

  • Business/Contractual
  • Employment
  • Insurance Coverage and Bad Faith
  • Professional Negligence
  • All Types of Personal Injury including mass tort and wrongful death
  • Real Property

Representative Case Information

Recent Representative Cases

Business/Commercial

A.D.A.

  • Insurance bad faith/breach of contract against an insurance company for denying the damages claim of a greenhouse/nursery business, as well as a negligence claim against the broker/agent for misrepresentation regarding the scope of coverage. Global settlement reached on the day of mediation.

Contractual

  • Alleged default on purchase agreement for business, complicated by multiple stock transfers, lien agreements and personal guarantees using real estate. Suit brought by former owners of the once successful business enterprise.
  • Emotionally charged dispute between former friends who joined together to form a business alleged by one partner to be successful and the other partner to be failing.
  • Breach of purchase agreement alleged by major cellphone manufacturer against retail supplier with cross-complaint for allegedly providing defective products. 7-figure settlement negotiated after significant follow up.
  • Alleged breach of contract and contract termination between company and vendor, with confidentiality and non-disparagement provisions that consumed the challenging mediation process.
  • Complaint for breach of contract of joint business venture with cross-complaint for negligent workmanship. Mediation resulted in settlement of both claims.
  • Complicated 7-figure business dissolution proceeding with claims and cross-claims for alleged mismanagement, breach of fiduciary duties, and fraud with default judgments, arbitration judgments, creditors' liens, tax liens among the issues at play. Complete resolution after 13 -hour mediation session.

Fraud/Misrepresentation

  • Alleged misappropriation of trade secrets, unjust enrichment and breach of fiduciary duty by one partner against another involved in multiple business ventures.
  • Highly contentious dissolution between longtime business partners with allegations of fraud and breach of fiduciary duties.
  • Complicated fraud; breach of contract and defamation case arising out of federal grant money administered by non-profit, with coverage issues and strong emotions.

Employment

Discrimination

  • Challenging employment case with alleged disability discrimination, harassment, and retaliatory termination, and emotions running high. A 12-hour mediation resulted in complete settlement of all claims.

Pregnancy Discrimination

  • Mediated a highly emotional and extremely contentious case involving a husband and wife that worked for the same company against their employer. The plaintiff (wife) claimed pregnancy discrimination, harassment based on gender, retaliation, and defamation, and the plaintiff (husband) alleged defamation and disclosure of private facts. The defendants alleged defamation and theft of business. Through calmness and perseverance, a settlement was reached at the end of a 12-hour mediation day.

Whistleblower Wrongful Term

  • Complex employment case involving whistleblower retaliation claims against City by former employee, contending she was fired after reporting illegal accounting activity in violation of Proposition 218. Plaintiff was terminated just six months before her City pension vested.

Insurance

Bad Faith

  • Five party insurance bad faith and broker negligence claims against insurer, multiple brokers/agents and an alleged independent adjustment company for losses sustained in fire.
  • 6-figure settlement of first party breach of contract and bad faith claims handling for denial of homeowner’s claim for damages.
  • First party claim of breach of contract and bad faith arising out of losses at condominium complex, as well as cross-complaint for alleged defective manufacturing and/or installation of fire sprinkler systems.
  • First party insurance bad faith claim arising out of handling of insured’s Uninsured Motorist Claim.
  • First party insurance bad faith claims combined with third-party claims for property damage allegedly occurring at residential home. Both claims resolved at mediation.
  • First party insurance bad faith claim against homeowners insurance company, and broker/agent negligence claims arising out of loss to highly upgraded home. Issues included allegations against third party adjuster, extent of necessary repairs and significant content damage claims.

Professional Malpractice

Medical Mal Dental

  • Mother and minor daughter alleging dental malpractice, including failure to properly administer sedation, and extensive and unnecessary extractions, resulting in emotional trauma to minor daughter necessitating hospitalization.

Prof Malpractice Pharmacy

  • Pharmaceutical malpractice alleged against major pharmacy/pharmacist for dispensing incorrect dosage of high blood pressure mediation, resulting in loss of consciousness, post-traumatic panic attacks, anxiety disorder and hospitalization.

Real Estate

Real Property

  • Highly contentious and emotionally charged residential home ownership dispute between family members. Mediation between competing family member, some still living in the same home, also involved issues related to trustor/trustee relationships.
  • Siblings battling over ownership rights to family home with financial and emotional relationship issues hanging over entire mediation.
  • Partition action between couple who bought home together while engaged, but whose relationship subsequently ended after years of payments toward home by both parties.

Tort

Catastrophic Injury

  • Auto accident resulting in alleged traumatic brain injury, with significant cognitive, psychological and emotional deficits. Damages were hotly contested and after multiple sessions, case ultimately resolved shortly before trial.
  • 7-figure settlement in premises liability case with involving falling merchandise with alleged Grade III concussion, significant brain damage resulting in cognitive and neurologic deficits
  • A multi-party traumatic brain injury case involving a cyclist alleging certain defendants failed to identify and correct a dangerous condition, while others were negligent. Indemnity, tender, and allocation issues. A 7-figure settlement was reached on the day of mediation.
  • Traumatic brain and orthopedic injuries in a bike accident allegedly caused by an improperly filled trench in the roadway. Liability and damages issues were heavily disputed, as well as insurance and tender issues between the landowner, general contractor, and subcontractor. Case globally resolved.

General Negligence

  • An unusual case involving a shotgun that was fired/discharged in a garage resulting in a claim by the gun owner against a colleague, who then cross-complained against the gun owner. Both claims settled.

Personal Injury

  • Trip and fall outside restaurant resulting in significant orthopedic injury, with claims against business owner and governmental entity. Global resolution achieved after significant follow up.
  • Challenging liability case involving slip and fall on dance floor during New Year’s Eve dance, resulting in concussion and fractured wrist. Case resolved after significant follow up.

PI Auto

  • 4-vehicle accident involving 11 parties, 8 unrepresented by counsel at mediation, with policy limits demands against 2 primary defendants for various levels of claims, including brain damage/MTBI, differing severities of orthopedic injuries and emotional distress damages. Global resolution of all claims on behalf of all represented and unrepresented parties before expiration of statute of limitations.
  • 4-vehicle accident with allegations of orthopedic and neurologic injuries. Mediation involved significant policy limits issues caused by the competing claims for recovery. Global resolution achieved in one session.
  • 4-vehicle accident with 4 passengers in 1 vehicle, all with varying levels of orthopedic and neurologic injuries. Resolution of all claims achieved in single mediation.
  • Major accident causing injuries leading to cervical and lumbar fusion surgeries. Case resolved with mediator’s proposal.
  • 3 different accidents occurred with surgical recommendations after the first accident, and surgery was completed after the second accident. There were multiple defendants and UIM coverage issues. After 2 mediations and extensive follow up, a global settlement was achieved with all parties.

Premises Liability

  • Two separate trip and fall incidents occurring within weeks of each other, one vs. governmental entity, the second vs. apartment complex. Significant follow-up resulted in settlement during motions in limine.
  • Combined governmental entity premises liability resulting in alleged serious injuries, followed shortly thereafter by auto accident with claims of exacerbation of prior injuries/residual conditions. Lengthy mediation session with follow up ultimately resolved both claims shortly before trial.
  • 6-figure settlement of alleged slip and fall incident, followed 16 months later by auto collision, with each defendant blaming the other for the major injuries and resulting surgery. Both claims resolved on mediator’s proposal.
  • Dangerous condition of public property alleged against 2 separate cities arising out of injuries sustained by bicyclist. Case resolved against both cities.

Wrongful Death

  • Mediated a high-profile Civil Rights case that reached a multi-million dollar settlement, and averted a trial in federal court. The plaintiff asserted a wrongful death claim against the county and a sergeant for failing to have appropriate procedures in place to prevent her husband’s suicide in prison, including placing him in a safe cell. The defense claimed that they did not know that the decedent was suicidal. This was a complex, front-page news case, with a lot of evidence, competing experts, and huge potential damages.