SANTA CLARA COUNTY SUPERIOR COURT BACKGROUND INFORMATION CIVIL DIVISION ADR PANEL Instructions DO NOT ALTER THIS FORM IN ANY WAY DO NOT ATTACH ADDIT

							                           SANTA CLARA COUNTY SUPERIOR COURT
                   BACKGROUND INFORMATION / CIVIL DIVISION ADR PANEL
Instructions: DO NOT ALTER THIS FORM IN ANY WAY. DO NOT ATTACH ADDITIONAL PAGES.

Name                                            Phone                                  Fax
John A. Toker                                   415-730-4697                           415-252-8647
Street or P.O. Box                              City                                   Zip Code
 393 Corbett Avenue Suite C                     San Francisco, CA                      94114
TODAY’S DATE:
Check each panel for which you have been accepted:    x mediation               neutral evaluation

1. Describe your education, including degrees and the dates received.
-J.D., University of Pittsburgh School of Law, 1969
-B.A., University of Pittsburgh, 1965

2. Briefly describe the ADR training you have received. For each training, give the trainer’s name, the dates
attended, and the total hours.
-Bill Lincoln, Berkeley, March 1992, 19 hours
-Conciliation Forums of Oakland, January-February 1994, 26 hours
-Center for Mediation in Law, Mill Valley, Gary Friedman, February 1998, 34 hours
-US District Court, Northern District of California, Linda Singer & Michael Lewis, June 1998, 14 hours
-Court of Appeal, First Appellate District, Appellate Mediation, Dana Curtis & Richard Birke, February 2000, 31
hours
-Court of Appeal, First Appellate District, Advanced Appellate Mediation, Steve Rosenberg, March 2003, 14
hours
3. Describe the subject matter of five disputes for which you have been an ADR provider in the past five
years, with the dates. Identify the process and state whether you were a sole- or co-provider.
     • MediCal lien, Nov 08, sole mediator
     • Labor and ERISA disputes, Oct 08, sole mediator
     • Partnership dispute, Aug 07, sole mediator
     • Landlord/tenant dispute, Feb 07, sole mediator
     • Personal injury litigation, Mar 06, sole mediator

4. Check your areas of substantive expertise:
( ) Banking                      ( x ) Health Care                    ( x ) Partnership Disputes
( x ) Business/Contract          ( ) Housing                          ( x) Personal Injury
( x ) Civil Rights               ( x ) Intellectual Property          ( x ) Probate - Wills
( x ) Construction               ( x ) Insurance                      ( x ) Professional Negligence
( x ) Defamation                 ( x ) Labor - Employment             ( x ) Real Estate
( x ) Disabilities               ( x ) Landlord/Tenant                ( x ) Securities
( x ) Elder Issues/Abuse         ( x ) Medical Malpractice            ( ) Tax
( ) Environment                  ( x ) Neighborhood                   ( x ) Other (specify) Consumer Law
                                                                               Unfair Competition
5. If you are an attorney:
         A. How many years have you been in active practice? If none, please explain.
                 12
         B. What is or was the nature of your practice?
                 General civil and personal injury litigation
         C. What percentage of your practice has been representing plaintiffs 95 defendants 5

        D. How many of the following have you completed in the past five years?:
           Jury trials 0        Court trials 0         Judicial arbitrations 0

6. Is your ADR style facilitative or evaluative/directive?
         It depends on what the parties and counsel request. Usually a combination of facilitative and evaluative,
          Not directive
7. Describe your fee schedule, including any sliding-scale or pro-bono provisions.
         Currently $350 per hour, sliding scale and pro bono when appropriate
8. Give any other information that should be considered by parties or counsel.
        I was the ADR Administrator for the Santa Clara County Superior Court from May 1998 to Nov 1999.
        I was the Mediation Program Administrator for the California Court of Appeal from November 1999
        through December 2008, during which time I mediated many cases for the court.
        I mediate pre-litigation, pre-trial, and post-trial disputes, including global mediations of cases that are
        concurrently on appeal.
        I have been active in the following organizations:
        American Bar Association - Chair, Joint Committee on Mediation and ADR, 2007-2008
        State Bar of California - Chair, Committee on Alternative Dispute Resolution, 2005-2006
        The Mediation Society - Member and Education Committee Co-Chair, 2007-
        I am the author of the California Arbitration and Mediation Practice Guide (Lawpress 2003),
          updated annually.