Decades of trial experience shape Timothy Volkmann's approach to ADR

Long before he took the bench, retired Santa Clara County Superior Court Judge Timothy R. Volkmann spent his days selling stereo equipment and bedroom furniture at Macy's and his evenings attending classes at Santa Clara University School of Law. He earned his law degree in 1980 while working full time.

"Macy's paid me $3.85 an hour," Volkmann recalled with a chuckle. "I'd never been paid more than a dollar an hour in my life by my dad, working at his pharmacy. So, I thought, 'I'm living the dream!' $3.85 was a fantastic amount of money per hour back then."

Volkmann grew up about 40 miles south of Green Bay in the small Wisconsin town of Neenah, where his father owned the local pharmacy.

"They put you in jail there if you're not a Green Bay Packer fan," he said, laughing. "So, I'm a Green Bay Packer fan."

Partly seeking an escape from Wisconsin winters, Volkmann headed west for law school. After passing the California bar in 1981, he joined a San Jose firm, where he spent 27 years trying employment, personal injury, construction and commercial cases.

"I was in private practice for 27 years," he said. "And during those 27 years, I was able to try 75 jury trials to verdict."

Appointed to the Santa Clara County Superior Court in 2008, Volkmann presided over another 150 jury trials during 16 years on the bench. Since retiring in April 2024, he has brought that experience to ADR Services Inc., where he mediates, arbitrates, and serves as a special master in employment, personal injury, professional liability, and real property disputes.

"Over that 45-year time frame as an attorney and a judge, I've been intimately involved in about 225 jury trials," Volkmann said. "And I hope that assists the parties and the attorneys that work with me because I think I've seen just about everything, and I think I can offer a pretty accurate picture as to how certain aspects of evidence are going to be received, what type of factors a judge is going to look at ... and how juries - or judges for that matter - look at cases from a case value perspective."

Whether serving as an arbitrator or mediator, Volkmann says preparation is paramount.

In arbitrations, he issues written tentative rulings on discovery disputes and strives to produce detailed, well-reasoned awards.

"We're going through the entire process to make sure everyone feels they were able to offer their views on discovery," he said. "And I'm going to prepare as extensive and thorough an arbitration award as possible, so that all sides understand exactly point by point why I made each decision I made issue by issue."

As a mediator, Volkmann is an unabashed believer in settlement.

"The mediation process - it just works," he said. "When Folks walk out with a resolution, ... they walk out feeling good about the process, feeling good about what happened, and most importantly, feeling, 'My God, I don't have to worry about that any longer. I can focus on other things in my life.'

And to be part of that process is really fulfilling."

Preparation begins before the mediation, with thorough review of briefs and conversations with counsel. But once the parties arrive, Volkmann's first priority is often easing their anxiety.

"Unless they're corporate entities who deal with a lot of litigation or insurers, these are folks who don't have a great deal of experience with the process," Volkmann explained. "They're nervous. They're worried. They are potentially confused by the terms used. It's a stressful process for them.

"And so, one of the goals is to try to get them to be as comfortable with the process and as comfortable with me as possible as soon as possible."

Monterey litigator Andrew B. Kreeft has used Volkmann in roughly half a dozen employment, probate and neighbor disputes and said his greatest strength is his ability to connect with people.

"He relates really well to folks," Kreeft said. "He still has a trace of that Midwest Wisconsin accent, and sometimes he'll utilize it a little bit to connect. ... He's just very down to earth, easy going with no inclination or expression of ego and just a good listener."

Kreeft said those qualities are particularly valuable for clients unfamiliar with mediation.

"You have a much better chance of success if the parties believe they've been heard. I know that sounds cliche, but it's very true - especially with lay folks less familiar with litigation," Kreeft said. "For those that haven't been in a lawsuit before, he's a good mediator because he will listen to them and they will appreciate that."

Volkmann believes successful mediations also require a willingness to compromise.

"That means the claimants, or the plaintiffs, are going to accept less than what they feel they're entitled to. That means the defendants or respondents are going to pay more than what they potentially feel they're responsible for," he said. "Each side is going to have to adjust their goals a bit in order to bring the case to settlement."

Santa Cruz litigator Gabrielle J. Korte, who appeared before Volkmann on the bench before later selecting him to mediate an employment dispute, praised his patience and demeanor.

"He's just very respectful. He's very dignified, very professional. ... The best thing is he makes you feel like you've been heard," Korte said. "He always listens to both sides and treats everybody with courtesy and respect. And he's extremely patient. So, he's great for cases where things are a bit contentious. He's good at just having that calming effect on everybody."

Los Gatos litigator John H. Coward, who has used Volkmann to resolve probate disputes, said the retired judge balances empathy with realism.

"With a mediator, we want to let the parties express themselves. You've got to let them vent," Coward said. "Judge Volkmann listens, and he gives parties an opportunity to express themselves. But then he brings them back to a realistic assessment of their case. ... He's got the personality to really get parties to look at their case realistically and come to a reasonable resolution."

Volkmann tells participants at the outset that, before the day is over, they should expect him to challenge their positions.

"I tell all the parties, 'Trust me, it's not just you. It's with everyone,'" Volkmann said with another chuckle. "But I want to make certain that folks understand the risks, the challenges, the difficulties in going through litigation. And I'm hopeful that information will assist them in making a decision about resolution."

Here are some attorneys who have used Volkmann's services: John H. Coward, Coward and Geisick LLP; Andrew B. Kreeft, Fenton & Keller; Gabrielle J. Korte, Brereton Mohamed & Korte LLP; Aerin C. Murphy, Monterey County Counsel's Office; Jonathon R. Giffen, Kennedy, Archer & Giffen