Profile

Peter Linn, Esq. is a seasoned mediator and litigator with nearly three decades of expertise in the Bay Area legal landscape. With a wealth of experience in civil trial law, Mr. Linn brings a fresh perspective to the art of mediation, offering invaluable insights and solutions to even the most challenging disputes.

Having navigated the intricacies of litigation for years, Mr. Linn has gained a profound understanding of the pivotal role that skilled mediators play in achieving swift and satisfactory resolutions. Through hundreds of successful mediations, he has honed his ability to identify effective strategies that work while recognizing the pitfalls that hinder progress.

As a litigator, Mr. Linn advised individuals, businesses, and institutional clients in a wide variety of matters, including contract disputes, personal injury claims, employment litigation, professional liability actions (including those involving real estate agents and lawyers), product liability, and lawsuits arising out of both small and large construction projects. He has handled cases in both State and Federal Courts and has tried high exposure cases across the state. Through this work, he has developed an in-depth knowledge of insurance issues and understands the interplay between the insurer and the insured that can complicate the resolution of a case due to policy terms.

Mr. Linn’s multifaceted background and experience lend to a keen understanding of the potential outcomes of jury trials. As a skilled mediator, Mr. Linn is committed to helping the parties find creative ways to resolve disputes without the need for costly, time-consuming, and uncertain litigation.

AREAS OF EXPERTISE

  • Business
  • Construction
  • Employment
  • Insurance
  • Personal Injury
  • Professional Liability
  • Real Estate

LEGAL EXPERIENCE

ADR Services, Inc.  2024-Present
Mediator, Arbitrator, Discovery Referee

The Congress of Neutrals, Pleasant Hill, CA  2021-Present
Pro-tem mediator, Contra Costa County Superior Court

Linn Mediation & Dispute Resolution Services, Walnut Creek, CA  2021-2024
Mediator, Discovery Referee

Bishop | Barry, Emeryville, CA  2007-2021
Principal/Shareholder (2011-2021)
Of Counsel (2007-2011)

Murphy, Pearson, Bradley & Feeney, San Francisco, CA  1997-2007
Director (2002-2007)
Associate (1997-2002)

Barth & Kelly, San Jose, CA   1995-1997
Associate

EDUCATION

  • Straus Institute for Dispute Resolution, Pepperdine University School of Law
  • Juris Doctorate, University of San Francisco School of Law
  • Bachelor of Arts in Political Science, University of California, Los Angeles

PROFESSIONAL ACTIVITIES

Superior Court of California, County of Alameda
ADR/Mediator Panelist

Superior Court of California, County of Contra County
ADR/Mediator Panelist (through the Congress of Neutrals)

TEACHING / SPEAKING ENGAGEMENTS

Mr. Linn is a co-creator and presenter of a Continuing Legal Education program entitled “Mediation Boot Camp” offered to law firms throughout California.  The program is designed to teach lawyers new to the practice of law about effective mediation strategies.

Representative Cases

Business

  • During the course of selling ownership in a closely held corporation, disputes arose concerning the stock purchase agreement, payment of consideration and the transfer of assets. Plaintiff/seller also asserted the former owner/shareholder embezzled money after the transfer of shares/ownership. Defendant/buyer alleged Plaintiff violated trademark infringement laws.
  • Mediated litigated dispute between buyer and seller of retail market. Defendants principally financed the purchase of the market through an SBA loan, however plaintiff claimed the defendants failed to perform under a separate, unsecured interest free promissory note. The defendant/buyers asserted that the promissory note was never fully executed, and that the SBA loan covered the amount of the unsecured promissory note.
  • Mediated complex misappropriation of trade secrets and trade name infringement matter involving former employees who opened a business competing with former employer, allegedly using misappropriated client lists and pricing schedules. Former employees denied the allegations, and alleged employer was liable for wage and hour violations/penalties.

Landlord/Tenant

  • Resolved unlawful detainer matter seeking possession of premises and over $100,000 in unpaid rent and other expenses.
  • Mediated and resolved dozens of unlawful detainer actions filed in Contra Costa Superior Court after the expiration of Statewide Covid rent relief program.

Construction defect

  • Mediated breach of contract and construction defect claims between property owner and builder/designer of Accessory Dwelling Unit. Plaintiffs alleged the ADU was not built as originally represented, and when delivered contained numerous structural and construction defects. The builder/designer argued that the construction met design standards.
  • Successfully mediated mechanics lien dispute between commercial builder and property owner stemming from non-payment progress payments under the terms of the construction contract. Owner defended non-payment on the grounds the builder failed to comply with terms of contract and that there were alleged construction defects that the builder failed to timely remedy.
  • Successfully resolved litigated matter between contractor and property owner stemming from an extensive kitchen remodel. Homeowner, an elderly widow, alleged the contractor’s salesman engaged unfair bidding practices, and then failed to timely perform under the contract.

Commercial Real Estate

  • Successfully mediated dispute between commercial landlord and retail tenant stemming from non-payment of rent during Covid 19 pandemic. The tenant defended on the grounds that performance under the lease was excused on the grounds of impossibility, i.e. State and local health and safety orders prohibited the operation of the business.

Professional Liability

  • Mediated dispute between architectural design firm and owners of hotel properties over non-payment of professional fees. The issues were complicated by claims of alleged overpayment by the design firm, and alleged errors in the designs that purportedly resulted in cost overruns and delays in the projects.

Personal Injury

  • Successfully mediated litigated matter involving a rear-end collision (truck v. auto) where liability was disputed.

Testimonials

Mr. Linn did a great job. He stuck it out with the parties for over nine hours, managing to pull a settlement out of the fire at the last minute. He was friendly (maybe friendlier in demeanor than most mediators I’ve encountered), but he was still able to straight talk to the parties to get them to see downside and risk. The bottom line is whether he was effective, and he certainly was. He will be on my list of mediators to use when the dispute stems from conflicting personalities in addition to strategy get-forward business disagreements.”


“Peter Linn is an exceptional mediator and ADR Services, Inc. is fortunate to have him on its panel. 5 out of 5 stars.”


“I was very pleased with Peter’s ready grasp of the facts, his spot-on analysis, and his demeanor in our court-ordered mediation, often the most difficult mediations to conduct. Peter was diligent and seemingly (based on the interaction he described) tried his best to persuade a difficult litigant of the need to settle (unfortunately without success). I would definitely use Peter again and will be happy to refer others to him.”


“I worked with Peter on a few construction defect cases in the past couple of years. He was always very knowledgeable, well-prepared, and easy to work with. Since becoming a mediator, I still find him to be all of these things. He has come well-prepared to mediation with knowledge of the underlying facts of the case, which shows that he had reviewed the mediation briefs in advance. He is friendly during the mediation and has made my clients feel like they were in good hands. He also has been able to come up with unique and out of the box ideas when it comes to case resolution. He is also good at telling you where your strengths and weaknesses are for your case. I find that his mediation style suits him well and is a great service to his clients. I would recommend Peter to other colleagues, and have done so in the past.”


“I have worked with Peter as part the mediation program in Contra Costa County now for several years and every time I get to work with him is a true pleasure. He has a special ability to not only explain the benefits of mediation but also the real-world consequences of trial to not only my clients but also to the other side. He has helped to settle many cases I have had that I thought would never settle, either based on my client or the other side. I routinely hear from not only my clients but opposing parties and their counsel about what a professional and knowledgeable job he does when mediating cases. He will be a tremendous asset to ADR Services, Inc. and I am elated to know that he will still be helping with the mediation program.”