Neutral Profile



  • Based in Orange County, available in All of California
  • Available for Mediation, Arbitration, and Private Judging assignments


With nearly 35 years of combined experience, having participated in approximately 1,500 mediations and arbitrations as both an advocate and neutral, Mr. Oesterreich’s passion for the ADR process has led him to dedicate his practice to full-time neutral work. He represented both plaintiffs and defendants in all types of personal injury matters, including wrongful death, premises liability, product liability including lemon law, and transportation/motor vehicle. His experience also includes business litigation and a wide variety of professional malpractice matters. He also has represented Fortune 100 corporations, small businesses, and business executives in matters including breach of contract, trade secrets, employment, and partnership dissolution matters.

Additionally, for more than 20 years, Mr. Oesterreich has volunteered as both an arbitrator and mediator for the Los Angeles County, Orange County, and Riverside County superior courts. He is a member of the Orange County Chapter of the American Board of Trial Advocates (ABOTA). Coupled with his high energy, Tom works extremely hard, and his personal style is one that is outgoing and incredibly engaging. One client commented, “Tom was instrumental in bridging the communication and understanding gap between the parties. His dedication to the mediation process allowed for the parties to reach resolution as he saw the case to completion.”

Practice Areas

  • All types of Personal Injury
  • Business/Contractual
  • Construction Defect
  • Employment
  • Lemon Law
  • Professional Negligence

Hobbies & Interests

Tom enjoys time at the beach, traveling, wine tasting, golf, and Dodgers baseball.



"Tom did a great job getting a difficult case resolved. He immediately established credibility with the client, and made smart recommendations. Will definitely use him again."
- Attorney on a Business/Contractual case

"Very friendly approach to resolving issues raised methodically, good knowledge of the case of each party and less pressure but determined to settle the case for the parties."
- Attorney on a Warranty of Habitability Matter

"I was very impressed with Tom’s energy and he is so smart. The case wasn’t ready to settle but we covered a lot of ground and will be on a path to resolve it next week."
- Attorney on a PI Matter

"Mediator was very good - Knowledeable about the facts and law and took time to inquire further into controverted areas. He was able to speak respectfully but directly to the parties when it was necessary."
- Attorney on a Business/Commercial case

"Mr. Oesterreich is everything a neutral should be. He is experienced, affable, and capable of maintaining control of the resolution process. "
- Attorney on a Premises Liability case

"He is the first mediator EVER who did not stress me one bit and he really earned his fees! Tom is a fantastic mediator. I would propose and use him for any of my cases as long as the other side agrees. He had taken his time to read the briefs and he is really knowledgeable about the applicable law. He is patient, extremely polite and a good listener, and a good negotiator."
- Attorney on an Insurance Coverage Dispute

"Never thought a mediator could settle this one, but he was creative and tenacious and got it done."
- Attorney on a Real Estate Commercial Matter

"Tom Oesterreich did a really great job in a difficult circumstance in our mediation with him, and we are grateful."
- Attorney on a Property Damage Fire case

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Experience Summary

Legal Career

  • Full-Time Mediator & Arbitrator, Judicate West (Present)
  • Partner, Lewis Brisbois Bisgaard & Smith, LLP (2000-2021)
  • Settlement Officer, Orange County Superior Court (2018-2021)
  • Associate, Lynberg & Watkins (1996-2000)
  • Associate, Nyman, Johnson & Maguire (1990-1996)

Education & Professional Affiliations

  • J.D., University of Houston Law Center (1986)
  • B.B.A. Loyola Marymount University (1983)
  • Member, American Board of Trial Advocates (ABOTA) (2020-Present)
  • Member, Southern California Mediation Association (Present)
  • Member, Orange County Bar Association, Masters Lawyers Division, and Alternative Dispute Resolution section member (Present)
  • “Mediating the Litigated Case”, Pepperdine Straus Institute for Dispute Resolution (2018)
  • Orange County Superior Court Pro Tem Program (2018)

Legal Experience

  • All types of Personal Injury
  • Business/Contractual
  • Construction Defect
  • Employment
  • Lemon Law
  • Professional Negligence

Recent Representative Cases