After four decades in the law, Marie Weiner finds a new rhythm in ADR

Retired judge Marie S. Weiner needed a little time to catch up on sleep after stepping down from the San Mateo County Superior Court in February 2024.

"It took about six months," she said with a chuckle.

Tackling everything from criminal, drug court and appellate assignments to law and motion, environmental law and complex civil litigation calendars - along with an extended run as the civil supervising judge - Weiner spent 22 years on the bench.

She worked the prior 19 years as a litigator, first representing plaintiffs in securities disputes before broadening her practice to complex civil matters - including commercial and insurance cases.

So, when Weiner retired two years ago - after more than four decades in the legal profession - she wasn't sure about pursuing further work as a private neutral.

"I really needed to recharge," she said. "I took that time and traveled and caught up on all my sleep. ... I was reading. But I was kind of missing the intellectual stimulation."

Weiner has since joined the ADR Services Inc. roster of private neutrals, and she started resolving disputes as a mediator, arbitrator, and discovery master in January last year, working regularly on commercial, real estate and healthcare cases.

The retired judge said she's really been enjoying the opportunity to set her own schedule while tackling the intellectual challenge of cases again.

"If I do a mediation, and I'm able to settle the case, I'm thrilled," she said.

Weiner added that she's also thoroughly enjoying her discovery master and arbitrator work.

"I take a team approach," she explained. "I want to work with the lawyers so that together we are having a smooth progression and a smooth arbitration."

Weiner said she accomplishes some of that through early management conferences.

"I work together with the lawyers to do an outline of the progression of the case, ... setting deadlines, realistic dates, realistic briefing schedules that meet their needs and availability," she explained. "Then I get together with them periodically - as often or as little as the case needs, depending on whether they have bumps in the road - to be sure everybody's moving the case along; that it's not being just left stagnant to the last minute."

Los Angeles litigator Edward O. Morales used Weiner recently to arbitrate a breach of contract dispute involving unpaid debt allegations, and he was impressed with her efficiency.

"She moved the case very quickly," Morales said. "We started in early 2025 and got a final ruling by October - and this was not an expedited arbitration. So, she kept things moving along very quickly, and that was very well appreciated because it cut down on costs significantly."

Weiner noted that she approaches arbitrations much like she did her trials while she was on the bench, so she will also have pre-hearing conferences.

"I have the lawyers submit any motions in limine they have. I have them meet and confer ahead of time about trial exhibits and pre-numbering of trial exhibits to see what they can stipulate to on admissibility," she explained. "I'm willing to work with them in terms of scheduling of witnesses and convenience of the parties."

Los Angeles litigator Staci M. Tomita used Weiner recently to arbitrate a commercial dispute, and she also appreciated the retired judge's efficiency and preparation.

"She's orderly and organized," Tomita said. "It was clear she had read the papers. She was prepared at the hearing. She was engaged, asked good and appropriate questions. ... She's knowledgeable; was very well-versed in the subject matter."

Although Tomita ultimately prevailed at the end of the arbitration, she said Weiner did not rule in her favor on every motion.

"Overall, -- frankly, at every step -- I thought she was fair, and that's really important," Tomita said. "She is no-nonsense, fair, thoughtful and discerning, and I would use her again if the opportunity presented itself."

Morales, meanwhile, encouraged attorneys thinking about working with Weiner as an arbitrator to exhaustively complete their homework.

"Make sure you approach the case and approach any requests from her well-prepared and well-organized because she will have reviewed and read the papers, the pleadings, and she will have knowledge of discrete issues and have questions," Morales said. "If an attorney just does the 30,000-foot level argument, or a superficial review of the cases, I would say that's definitely not enough."

Morales added that Weiner values professional courtesy.

"When arguing before her, I would caution against ... mudslinging or personal attacks or getting into sideshows that are not productive," he explained. "I've seen it. She has no patience for that kind of conduct before her. And that was very helpful for us in the arbitration because it was very contentious, and she was able to cut through a lot of that and get to the point to get to the conclusion."

Weiner mentioned she spent nearly two decades as a litigator and hasn't forgotten what it's like to have clients. While she appreciates having more time to work on cases these days as a private neutral than she did when conducting mandatory settlement conferences from the bench, she noted that not having a rapidly approaching trial date does impact how she mediates.

"There's a lot more ability to apply pressure, I think, as a trial judge because you have involvement with what's going on in the court calendar," she explained. "As a neutral, it's a lot more conciliatory, a lot more working with them on their particular case. ... So, it's a softer approach, I think."

Weiner also finds it harder to settle cases where there's been no discovery.

"Sometimes the lawyers go into a mediation, and they haven't done any of the work on the case because they want to see if they can keep down expenses," Weiner said. "And I totally understand when there is a mediation before expert depositions because that's expensive. But it is harder to settle cases where insufficient discovery has been done. ... It's helpful to a neutral if you have ammunition to work with on both sides."

San Francisco litigator Jeffrey H. Lowenthal used Weiner recently to successfully mediate a real estate dispute, and he was impressed.

"I would certainly use her again and again," Lowenthal said. "And I would definitely recommend her. ... Her best attributes are her intelligence and her ability to connect with people. But she's also evaluative, and she'll tell you the way it is, and that's what I like in a mediator."

Here are some attorneys who have used Weiner's services: Staci M. Tomita, Shumener, Odson & Oh LLP; Edward O. Morales, Shumener, Odson & Oh LLP; Jeffrey H. Lowenthal, Steyer Lowenthal Boodrookas Alvarez & Smith LLP; Bryant S. Delgadillo, Parker Ibrahim & Berg LLP; Thomas W. J. Purtell, The Law Offices of Thomas W. J. Purtell.