Dawn Silberstein founded DAS Dispute Resolution in April 2021, after 25 years as a successful California Litigator. Her multi-faceted background in psychology and the law allows her to hear and understand the concerns of each dispute participant enabling her to facilitate creative, participant-driven solutions to the thorniest disputes.
Her diverse experience litigating on behalf of plaintiffs, defendants, policy holders, and insurance carriers provides unparalleled insight into each side of the litigation process from the dispute participants to the insurance carriers called upon to fund the resolution of many disputes. Ms. Silberstein is keenly aware of the costs of pursuing a court-driven outcome, as well as the potential that each side will be dissatisfied with the result including the nominative victor. For this reason, she has chosen to facilitate party-driven dispute resolution.
Ms. Silberstein mediates all types of disputes; however, her legal career focused on insurance coverage, construction defect, homeowner association, landlord/tenant, real estate, professional liability, and cannabis coverage litigation.
EXPERIENCE & AREAS OF EXPERTISE:
ALTERNATE DISPUTE RESOLUTION: Throughout her extensive legal career, Ms. Silberstein championed the benefits of party-centered dispute resolution. Her experience in alternate dispute resolution extends from attorney advocate to party representative/decision maker. She has routinely guided construction defect, insurance coverage and professional liability cases to favorable settlements both with and without the assistance of a neutral mediator. This extensive experience informs her ability to facilitate innovative mediated solutions of even the most complex disputes.
INSURANCE COVERAGE: As a litigator, she represented policyholders and insurance carriers in third party liability, first party property, premises liability, cannabis, and bad faith coverage litigation and appeals. In addition, she guided insurance carrier compliance with policy terms and state regulations, and drafting and revising policy provisions in the emerging cannabis industry.
CANNABIS: While at Wilson Elser, Ms. Silberstein became involved in the emerging cannabis industry, investigating coverage claims and providing policy analysis, coverage recommendations and drafting advice to insurance carriers providing commercial cannabis coverage products. The unique challenges facing this fast-growing industry continue to present fascinating opportunities for creative party-driven dispute resolution by an experienced neutral.
HOMEOWNER ASSOCIATION LAW: While at Bickel and Associates, Ms. Silberstein served as general corporate counsel for a number of homeowner associations providing assistance with governing document interpretation, compliance and amendment, as well as resolution of homeowners disputes.
CONSTRUCTION DEFECT LITIGATION: Ms. Silberstein represented homeowner associations and defended subcontractors, developers and foreclosing lenders in construction defect litigation.
PROFESSIONAL LIABILITY DEFENSE: At Wilson Elser, she defended insurance and real estate broker/agents in professional liability litigation.
LANDLORD/TENANT: At Wilson Elser, she defended Bay Area landlords in premises liability litigation and settlement negotiations.
EQUAL EMPLOYMENT OPPORTUNITY: Ms. Silberstein Investigated internal Equal Employment Opportunity complaints for the City and County of San Francisco, and responded on behalf of the City to charges of discrimination filed with the United States Equal Employment Commission and Department of Fair Employment and Housing.
EMPLOYMENT SYNOPSIS:
DAS DISPUTE RESOLUTION, Founder & Principal Mediator, April 2021 to the present
Facilitating creative, party-driven dispute resolution, Ms. Silberstein assists participants in resolving even the thorniest of disputes. Ms. Silberstein’s multi-faceted background representing plaintiffs, defendants, policy holders, and insurance carriers in litigation for over 25 years enables her to appreciate the differing concerns of each dispute participant and makes her uniquely qualified to resolve even the most complex disputes.
WILSON ELSER LLP, Partner/Of Counsel, September 2016 to May 2021
Defended insurance carriers and insureds in liability and coverage litigation. Provided policy analysis and drafting advice to commercial liability, premises liability, first party property and cannabis insurance carriers. Defended developers, contractors and foreclosing lenders in construction defect litigation, defended landlords in premises liability and habitability litigation and defended real estate and insurance professionals against professional liability claims.
CITY AND COUNTY OF SAN FRANCISCO, EEO Programs Specialist, May 2015 to July 2016
Investigated complaints of employment discrimination, harassment and retaliation.
WOLKIN CURRAN, Senior Counsel, November 2003 to May 2015
Represented insurance carriers and policyholders in coverage litigation and appeals involving third party liability policies.
DRATH, CLIFFORD, MURPHY & HAGEN, Senior Counsel, February 2003 to November 2003
Defended subcontractors in construction defect litigation.
BICKEL & ASSOCIATES, Associate/Senior Counsel, February 1994 to May 2002
Represented homeowner associations and common interest developments in construction defect litigation and as general corporate counsel.
FAMILIES FIRST, Mental Health Counselor and Special Education Teaching Assistant May 1988 to August 1989
Provided mental health counseling and special education tutoring and assistance to severely emotionally disturbed children in a group home and private school setting.
EDUCATION:
UNIVERSITY OF CALIFORNIA, HASTINGS COLLEGE OF THE LAW, Juris Doctor
Extern for the Honorable Claudia Wilkin, U.S. District Court for the Northern District of California
Law Clerk, Protection & Advocacy, Inc., Disability Law
Law Clerk, Law Offices of Karen Parker, International Human Rights
Hastings Women’s Law Journal, Senior Student Note Editor
Moot Court Honorable Mention
UNIVERSITY OF CALIFORNIA, SANTA CRUZ, Bachelor of Arts, Psychology
Phi Beta Kappa ▪ Honors in Major ▪ College Service Award
LANGUAGES: Conversant in French and German.
WRITING AND SPEAKING:
Implicit Bias: Solutions Not Guilt, August 25, 2016, LinkedIn Publication, and CLM Annual Conference Panel Presentation, 2019.
Representative insurance coverage decisions include: Employers Mutual Casualty Co. v. Fast Wrap Reno One, LLC, 2019 WL 480542 (N.D.. Cal. Feb. 7, 2019); Jardine v. Md. Cas. Co., Case No. 10-3335 SC, (N.D. Cal. Sep. 9, 2013); Pennsylvania General Ins. Co. v. American Safety Indemnity Company (2010) 185 Cal.App.4th 1515. Despite her success as a litigator, Ms. Silberstein continues to believe that successful, party-driven mediated solutions provide the best solutions and greatest satisfaction to the dispute participants.
PROFESSIONAL & NONPROFIT AFFILIATIONS:
AZ Mediation Center
State Bar of California – CBN 167936
Professional Association of Diving Instructors (PADI) – Member