Profile

Family Law Mediator | Temporary Judge (Judge Pro Tem) | Certified Family Law Specialist 

David A. Patton, Esq. has spent more than three decades helping families navigate some of the most financially and emotionally complex disputes of their lives. A Certified Family Law Specialist, founding partner of one of Silicon Valley’s largest family law firms, and longtime settlement-focused litigator, Mr. Patton brings a rare combination of trial experience, practical judgment, and real-world empathy to his work as a mediator and private settlement judge.

Before transitioning exclusively into mediation and private judging, Mr. Patton spent more than 30 years litigating complex California family law matters involving:

  • High-net-worth divorce
  • Business owners and executives
  • Business valuation disputes
  • Stock options and executive compensation
  • Real estate and investment portfolios
  • Child custody disputes
  • Child and spousal support
  • Domestic violence restraining orders
  • Pre- and post-marital agreements
  • High-conflict divorce litigation

In 1994, Mr. Patton co-founded the firm now known as Lonich, Patton, Ehrlich & Policastri and built its family law division into one of the most prominent family law practices in Northern California, eventually growing into a 20-attorney firm widely recognized throughout Silicon Valley. Over the course of his career, he became known not only for his litigation skills, but for his ability to resolve difficult cases efficiently and strategically before trial whenever possible.

That settlement-oriented mindset has defined Mr. Patton’s career. Long before transitioning full-time into mediation, he regularly served as a private mediator, settlement officer, Judge Pro Tem, and arbitrator for the Santa Clara County Superior Court. He has mediated or participated in hundreds of mediations, settlement conferences, and private judge proceedings, and estimates he has directly mediated well over one hundred matters himself.

Attorneys and parties value Mr. Patton for his ability to quickly identify the true barriers preventing settlement. His approach focuses on isolating the issues that matter most to each side, narrowing areas of disagreement, and helping parties realistically evaluate both the legal and emotional risks of continued litigation. Drawing from decades of courtroom and trial experience, he provides candid, practical feedback about likely outcomes while maintaining a calm, professional, and solution-focused environment.

Attorneys and parties frequently select Mr. Patton for difficult family law cases where:

  • settlement negotiations have stalled,
  • emotions are running high,
  • communication has broken down,
  • significant financial issues are involved, or
  • parties need a realistic assessment of litigation risk and likely court outcomes.

Drawing from decades of trial experience, Mr. Patton helps parties move beyond impasse by narrowing disputed issues, identifying practical solutions, and focusing parties on the financial, emotional, and long-term costs of continued litigation.

Mr. Patton’s effectiveness as a neutral is strengthened by something many family law professionals cannot offer: personal perspective. Having gone through a divorce himself, he understands firsthand the emotional toll family law disputes can take on parties and families. He combines that empathy with the ability to remain firm, objective, and focused on resolution. Clients and counsel consistently describe him as experienced, knowledgeable, professional, approachable, and highly effective at getting difficult cases resolved.

Recognized as one of California’s leading family law practitioners, Mr. Patton became a Certified Family Law Specialist in 2008, a distinction achieved by only a small percentage of attorneys practicing family law in California. He was later appointed by the State Bar of California to serve as Commissioner/Vice Chair of the Family Law Advisory Committee (FLAC), the committee responsible for drafting, grading, and overseeing California’s family law specialist certification examination.

His professional accomplishments have earned extensive recognition throughout the legal community, including:

  • AV Preeminent Rating by Martindale-Hubbell
  • Super Lawyers selection every year since 2012
  • Perfect 10.0 AVVO Rating
  • National Association of Distinguished Counsel Top 1% Award
  • National Advocates Top 100 Award
  • Silicon Valley’s Top Attorney Award

Mr. Patton completed advanced mediation training at Harvard Law School and also completed the highly respected Mosten 40-Hour Family Law Mediation Training program. His mediations are known for thorough preparation, practical problem-solving, and a commitment to helping parties avoid unnecessary conflict, expense, and uncertainty whenever possible.

Areas of Expertise

  • Complex Family Law Litigation
  • Division of Assets and Debts, including:
    • Community vs Separate Property
    • Disclosures
    • Hidden Assets
    • Business Valuation
    • Tracing
    • Transmutation
    • Breach of Fiduciary Duties
    • Fraud
    • Stock Options/RSUs
    • Retirement Accounts
  • Child Custody, including:
    • Custody Schedules/Agreements
    • Move Aways
    • Alienation/Resistance
    • Substance Abuse
    • Physical/Sexual Abuse
    • Emergency Screenings
    • Brief Focused Assessments
    • Evaluations
    • Modifications
  • Child Support, including:
    • Guideline Support
    • Income Available for Support
    • Add Ons
    • Imputation of Income (Medical Evaluations, Vocational Evaluations)
    • Modifications
    • Extraordinary Earners
  • Spousal Support, including:
    • Income Available for support
    • Marital Standard of Living
    • Caps
    • Temporary (Guideline) Support
    • Permanent/Judgement Support
    • Imputation of Income (Medical Evaluations, Vocational Evaluations)
    • Modification/Termination
    • Buyouts
  • Restraining Orders
  • Marital Settlement Agreements/Judgments, including:
    • Enforcement
    • Modifications
    • Set Asides
  • Judicially Enforceable Settlements/Enforcement
  • Pre-Marital Agreements
  • Annulment

Education

  • Santa Clara University School of Law, J.D., 1987
    Editor, Santa Clara Law Review
  • University of California, Berkeley, B.A. International Business, B.A. French, 1983

Experience

Lonich Patton Ehrlich Policastri

  • Managing Partner | 2016 – 2026
  • Founding Partner | 1994 – 2026

Collins & Zapala

  • Attorney | 1987 – 1994
  • Civil litigation and trial attorney handling insurance defense and plaintiff personal injury matters.

Professional Affiliations

  • California Association of Certified Family Law Specialists
  • Academy of Professional Family Mediators
  • State Bar of California
  • Santa Clara County Bar Association

Admissions

  • State Bar of California
  • U.S. District Court
  • U.S. Court of Appeals, Ninth Circuit

FREQUENTLY ASKED QUESTIONS ABOUT DAVID PATTON, ESQ.

What types of cases does David Patton mediate?

David Patton mediates complex California family law disputes across the full spectrum of issues that arise in high-stakes divorce and family dissolution proceedings. His caseload includes high-net-worth divorce, child custody and parenting plan disputes, child and spousal support, property division, business valuation, executive compensation and stock options, real estate and investment portfolios, domestic violence restraining orders, and pre- and post-marital agreements.

He is particularly sought after for matters involving significant financial complexity; cases where business ownership interests, executive compensation structures, or multi-layered asset portfolios make resolution especially difficult. Parties and attorneys throughout the San Francisco Bay Area, Silicon Valley, and greater California regularly engage Mr. Patton when the legal and financial stakes are highest and when a credible, experienced neutral is essential.

What makes David Patton effective at settling difficult family law cases?

David Patton’s effectiveness as a mediator is rooted in more than 35 years of active litigation and trial experience in California family law. Because he spent decades inside the courtroom trying complex cases, he understands, at a practical level, exactly what judges focus on, how financial evidence is evaluated, and where litigation risk is real versus overstated.

That background gives him something most mediators cannot offer: the ability to give parties an honest, credible assessment of likely court outcomes. He doesn’t traffic in vague reassurances. He helps each side understand the genuine risks, costs, and uncertainties of continued litigation, financial, emotional, and practical, and then works methodically to find a resolution that is better for everyone than leaving the outcome to a judge.

Mr. Patton also brings a dimension of personal perspective that is rare among family law neutrals. Having navigated a divorce himself, he understands the emotional weight these disputes carry for the people living through them. He combines that empathy with the discipline to remain objective, focused, and firm when cases require it. Attorneys consistently describe him as someone who moves cases that feel hopelessly stuck.

Is David Patton a Certified Family Law Specialist?

Yes. David Patton earned his Certified Family Law Specialist designation in 2008 through the State Bar of California Board of Legal Specialization, a distinction held by only a small fraction of attorneys who practice family law in California. Achieving certification requires demonstrated experience, attorney references, ongoing continuing legal education, and passage of a rigorous written examination.

Mr. Patton’s credentialing goes beyond holding the certification. He was subsequently appointed by the State Bar of California to serve as Commissioner and Vice Chair of the Family Law Advisory Committee (FLAC), the body responsible for drafting, grading, and overseeing the examination that certifies other California family law specialists. That appointment reflects a level of recognition within the profession that goes well beyond the credential itself.

Does David Patton handle high-net-worth divorce cases?

Yes. High-net-worth divorce was a defining focus of Mr. Patton’s litigation practice for more than three decades, and it remains the area where he is most frequently retained as a mediator and private settlement judge. He has worked on cases involving business ownership interests and partnership disputes, executive compensation packages, stock options and equity grants, real estate portfolios, complex investment holdings, and contested spousal and child support calculations in high-income households.

As a founding partner of Lonich Patton Ehrlich Policastri, one of Silicon Valley’s most prominent family law firms, Mr. Patton spent his career at the intersection of family law and the financial complexity that defines the Bay Area’s professional and entrepreneurial class. That background translates directly into his work as a neutral: he understands the valuation disputes, the liquidity constraints, the community property questions, and the competing expert narratives that define these cases.

What is David Patton’s mediation style?

David Patton’s mediation approach is direct, well-prepared, and fundamentally practical. He begins by working to understand what each party actually needs from a resolution, not just their stated positions, but the underlying interests and concerns that are driving their behavior. He then focuses the process on narrowing the issues that genuinely divide the parties and finding realistic pathways through the ones that remain.

He does not believe productive mediation comes from keeping everyone comfortable. When parties need an honest assessment of litigation risk, he provides one, candidly, and with the credibility of someone who has litigated these cases for decades. He is known for being calm and professional in his approach while being willing to be direct when that is what the situation requires.

His preparation is thorough. He expects full financial disclosure and engages seriously with the legal and factual details of each matter before the mediation begins. Attorneys who work with him frequently remark that he arrives at the table having already identified the likely pressure points, which means less time circling and more time resolving.

Why do attorneys select David Patton as a private settlement judge or mediator?

Attorneys select David Patton because he brings a rare combination of credentials, practical judgment, and interpersonal skill to difficult cases. His extensive trial background means he can evaluate family law disputes with the same analytical rigor a judge would apply, which gives him credibility with both sides, even in high-conflict matters where parties have deeply entrenched positions.

He is particularly well-suited to cases where settlement negotiations have already stalled, where communication between parties has broken down, or where significant financial issues require a neutral who can engage substantively with complex evidence. His background managing one of Silicon Valley’s largest family law practices also means he understands the pressures attorneys face in managing client expectations, litigation costs, and case timelines.

Mr. Patton completed advanced mediation training at Harvard Law School and holds a certificate from the Mosten 40-Hour Family Law Mediation Training program. He has mediated well over one hundred family law matters and has served as a Judge Pro Tem, arbitrator, and settlement officer for the Santa Clara County Superior Court. His reputation throughout the Bay Area and Northern California legal community is built on a consistent track record: cases that felt impossible to resolve get resolved.

David Patton, Esq. serves clients throughout the San Francisco Bay Area, Silicon Valley, Santa Clara County, and the greater California region.

 

Representative Cases

Division of Assets and Debts

  • Mediated a high-net-worth case where the parties were not represented by attorneys. Both parties were high earners. Assets included several expensive homes and rental properties, stock options/RSUs, investment and retirement accounts. The parties also had a minor daughter. Resolved all issues in the case, completed all necessary paperwork for both parties, and finalized the entire divorce in less than 12 hours of billing time.
  • High-asset marital dissolution matter involving complex allegations of fraud and breach of fiduciary duty, including claims that one party concealed income and assets both domestically and internationally through multiple entities, layered financial structures, and separate sets of business records. The case required extensive discovery, including forensic accounting and asset tracing, to analyze discrepancies between reported income and underlying financial activity, with expert testimony addressing business revenues, cash flow, and valuation. Following a multi-day trial that included detailed testimony from forensic accountants, the court appointed a receiver to assume control of certain business operations during the proceedings.
  • High-net-worth marital dissolution matter involving an international couple who relocated from France to the United States after marriage, with the primary issue centered on the characterization of the husband’s substantial French retirement plan as either separate or community property. The retirement structure at issue differed from typical U.S. plans, functioning as a hybrid with characteristics analogous to both social security (considered separate property in the US) and a 401k (considered community property in the US). The case involved expert analysis in international conflict of laws, including a detailed report addressing the legal framework applicable to the retirement asset.
  • Highly contentious marital dissolution matter involving a dispute over the parties’ respective ownership interests in a multimillion-dollar real property asset. The parties initially agreed to proceed before a privately retained judicial officer and participated in settlement proceedings that resulted in a signed term sheet outlining the agreement. Subsequent disputes arose regarding the enforceability of that agreement, including allegations of fraud and challenges to prior rulings, as well as efforts to disqualify the private judicial officer. Following the retirement of the private judge, the matter returned to Superior Court, where it proceeded through multiple hearings, appeals, and a three-week trial.
  • High-net-worth marital dissolution matter involving a dispute over the tracing of the wife’s mother’s separate property contribution to the down payment on a residence, made many years prior to separation. The case presented evidentiary challenges due to the unavailability of complete historical financial records typically required to trace the source of funds. Through forensic accounting analysis and reconstruction of available documentation, the source of the contribution was evaluated and presented at trial.

    Child Custody

    • Custody dispute involving significant concerns related to a parent’s mental health and substance use after the mother attempted suicide while she was intoxicated and had custody of the children, resulting in the loss of custodial rights. The case involved collaboration with a forensic psychologist to assess and address the underlying issues and to support the parent’s rehabilitation. Following multiple evidentiary hearings and ongoing evaluation, the court modified the custodial arrangement over time, ultimately transitioning from no custody to shared custody and later to primary custody.
    • Complex and highly sensitive custody matter involving allegations of sexual abuse of a minor, which led to criminal proceedings, the issuance of a restraining order, and an Ex Parte order restricting the father’s contact with the child. The case proceeded through multiple evidentiary hearings and professional evaluations to assess the allegations and the child’s well-being. Following a comprehensive review of the evidence, the criminal case was dismissed, and the court issued orders establishing a joint custody arrangement.
    • High-conflict custody matter involving a minor who expressed a preference to reside with the non-custodial parent and subsequently made allegations of abuse against several members of the custodial household. The allegations were investigated and not substantiated; however, concerns were raised regarding the child’s well-being and potential behavioral risks. Family Court Services initially recommended a change in the child’s living arrangement based on those concerns. Following further proceedings and argument, that recommendation was not adopted, and the court instead ordered a temporary placement with a third-party relative before transitioning the child back to the custodial parent.
    • High-conflict custody matter involving two minor children, with issues related to one child’s resistance to visitation, claims of parental alienation, and concerns regarding the deterioration of the parent-child relationship. Following proceedings, the court made the unusual decision to split custody, ordering separate placements for the children and awarding primary custody of one child to the other parent.
    • High-conflict divorce and custody matter involving two minor children, including a teenager who refused visitation with the non-custodial parent. The case involved a custody evaluation that concluded that parental alienation had occurred and recommended a deprogramming camp, followed by court-ordered reunification efforts. Both interventions were unsuccessful, and additional concerns arose regarding the child’s emotional well-being and her threats to self-harm if she was forced to go through with visitation. After further proceedings and consideration of the evidence, the court determined that the child would reside full time with the custodial parent.
    • High-conflict custody matter involving allegations regarding one parent’s alleged alcohol abuse and its impact on visitation. The court initially suspended visitation pending further evaluation of the concerns raised. The responding parent denied that he was an alcoholic and voluntarily agreed to ongoing alcohol monitoring through Soberlink. The mother continued to assert that he was an alcoholic and that he was cheating on his testing. Following presentation of testing evidence and further review, the court modified its prior orders and reinstated visitation.

    view all

    Support

    • Acted as a court-appointed Settlement Officer in a complex, high asset divorce case. The primary impediment to settlement was permanent spousal support following a long-term (18-year) marriage. After three hours of settlement discussions, significant progress was made but the case was not settled. The parties and their attorneys agreed to retain the settlement officer privately as a mediator. An agreement was reached for a buyout of spousal support, and the entire case was settled at the first mediation session.
    • Post-judgment spousal support modification proceeding involving a high-income husband employed as chief executive officer of a publicly traded company. The case centered on the husband’s income and asset valuation, including the liquidity and marketability of significant stock holdings, as well as his claims that his wife was intentionally underemployed. The husband claimed that, although he owned the majority of the shares in his company, he was precluded from selling those shares and therefore had a low net worth. The matter proceeded to a multi-week trial with extensive expert testimony from forensic accountants and Securities and Exchange Commission experts.
    • Post-judgment family law matter that came back to the Superior Court on remand following a published appellate decision, which addressed the treatment of recurring financial gifts from family members in evaluating income available for support. The issue on remand involved Husband’s request to modify support. Husband had entered into an agreement to pay support and expenses for Wife and the children based on the belief that he was going to inherit a large sum of money and assets, including a lucrative business. The inheritance did not materialize, and Husband did not have the ability to pay. The issue was whether the terms requiring payment under the Marital Settlement Agreement were non-modifiable spousal support/property division vs. modifiable child support. Ultimately, the case settled on the eve of trial.
    • High-asset marital dissolution matter involving complex allegations of fraud and breach of fiduciary duty, including claims that one party concealed income and assets both domestically and internationally through multiple entities, layered financial structures, and separate sets of business records. The case required extensive discovery, including forensic accounting and asset tracing, to analyze discrepancies between reported income and underlying financial activity, with expert testimony addressing business revenues, cash flow, and valuation. Following a multi-day trial that included detailed testimony from forensic accountants, the court appointed a receiver to assume control of certain business operations during the proceedings.
    • Marital dissolution matter involving a long-term marriage in which the primary issue was permanent spousal support. The wife had been a stay-at-home mom and was working part-time after separation. The court issued temporary guideline support based on the husband’s salary and wife’s part-time salary. A vocational assessment was conducted regarding the supported spouse’s ability to obtain full-time employment consistent with training and experience. After consideration of the evidence, including vocational findings and financial information, the court issued a permanent spousal support order that differed from guideline calculations based on imputed income findings.

      Testimonials

      “David Patton is a Great Mediator. Mr. Patton served as the mediator in a divorce case that had been ongoing for several years. He did an excellent job building goodwill with both sides, drawing on his deep knowledge of the law and using his personable, steady approach. The attorney on the opposing side had previously taken a highly contentious approach, showing reluctance to accept settlement or even meaningfully engage with counteroffers to our proposals. Mr. Patton effectively acted as the “adult in the room,” earning the respect of everyone involved. He clearly explained the relevant law to opposing counsel and outlined the risks and costs of proceeding to trial for their client. He helped both sides understand that the settlement being negotiated was in everyone’s best interest. His practical, real-world guidance gave the opposing side (both attorney and client) the confidence they needed to resolve a case that had dragged on for years. I strongly recommend Mr. Patton as a mediator.”


      “I would like to express my sincere appreciation for the exceptional professionalism and unwavering support I received from Dave Patton and his remarkable A+ team … Their unwavering dedication and unparalleled expertise were pivotal in achieving an outcome that exceeded my expectations. I am truly grateful to David Patton for his exceptional leadership, insightful counsel, and invaluable guidance throughout the entire process. Without a doubt, I wholeheartedly endorse and highly recommend the services of Dave Patton.”


      “David Patton completely earned my trust over the course of the year or so I worked with him. I have worked with many attorneys professionally and this was a difficult and very complex personal divorce case – I was extremely impressed. He was honest, smart, always had my best interests in mind, trustworthy, and responsive.”


      “I cannot say enough positive things about Mr. Patton and the experience I had in getting my case solved and closed.”


      “I appreciated David’s calm demeanor and steady approach. He knows the law, and he knows the judicial system. He was very proactive at keeping me informed as we went through the process. … David was genuinely interested and invested in my case. That sort of personal commitment went a long way toward making the whole experience, if not enjoyable, at least less miserable.”


      “Patton is an expert on the Santa Clara court system, its rules and its people, but what makes Mr. Patton stand out is his skill at taking complex issues and reducing them to something that can be presented clearly in court. Not just reducing the issues, but also choosing the issues that matter to the court and presenting them in a way that connects.”


      “David Patton is such an extraordinary lawyer – his wisdom, vast knowledge of law, and integrity coupled with his professionalism makes him simply one of the best in the field of family law. But his sincere caring and concern is what really set him apart from most attorneys. I am forever grateful for his hard work and relentless effort and persistence in pursuing a positive outcome. I can’t thank him enough for going over and beyond the call of duty to resolve the matter as fairly as possible.”


      “From the very beginning, David was very honest with me and didn’t sugar coat. He gives you all your options and gives you the pros and cons for each one. He takes your case very seriously, and works with you every step of the way. He is very experienced and knowledgeable in his field. He is also very patient, and really listens to what you have to say. When you are going through something this emotional, you need someone like him.”


      “David was simply outstanding in helping me bring longstanding issues surrounding spousal support to a successful conclusion. His professionalism, knowledge of the relevant legal issues and documentation involved, understanding of the situation, sensitivity, timeliness, and responsiveness exceeded my expectations in all respects.”


      “I highly recommend David Patton. He is outstanding, personable, experienced, and very knowledgeable. He provides an honest, upfront description of the risks and benefits of various strategies. In addition, he provides potential outcomes, both good and bad.”


      “David Patton was able to quickly evaluate my case. He doesn’t pound his fist nor raise his voice but make no mistake, his soft-spoken, calm demeanor shouldn’t be underestimated. He is TOUGH. His expertise stems not only from his grasp and understanding of complex and difficult family issues, but from his thorough preparation and attention to detail.”


      “Dave was responsible for handling a very complex divorce involving several complicated issues. He was very knowledgeable and hands-on throughout the whole process.”


      “Patton is the best! He is extremely knowledgeable, and always gave more than 100%. I highly recommend him!”