Mediation Services


Tom Cummings has 46 years of experience as a litigator. He has taken jury trials to verdict on a wide variety of causes of action and theories during those 46 years. He very likely has trial experience on issues similar to those your clients are facing in litigation. His experience may be of great assistance to your clients and you in analyzing and evaluating the issues your clients now face in litigation. He can help bring those issues to closure through mediation.

Mr. Cummings has successfully tried numerous cases to verdict in both state court and federal court in various areas of law, including those listed in the practice areas above. Mr. Cummings has taken over 140 civil jury trials to verdict, and he has also prosecuted approximately 75 to 100 criminal jury trials to verdict during his career.

Mr. Cummings has taken cases to verdict on issues, including the following:

  • Americans with Disabilities Act issues
  • Auto accidents
  • Breach of contract
  • Breach of the covenant of good faith and fair dealing
  • Breach of fiduciary duty
  • Claims of assault and battery by police officers, or civil rights allegations concerning police officers
  • Construction defect
  • Construction job-site injuries
  • Dangerous condition of public property
  • Defamation
  • Fraud
  • Legal malpractice
  • Malicious prosecution
  • Medical malpractice
  • Premises liability
  • Products liability
  • Retaliatory eviction
  • Sexual battery and sexual harassment
  • Trespass and nuisance issues
  • Unfair competition and trade secrets
  • Wrongful death

Mr. Cummings has served as an arbitrator in the Los Angeles Superior Court System from 1973 to 1976 and in the Orange County Superior Court System, starting in 1977 and continuing up to the present time.

Mr. Cummings began helping people settle their disputes in 1977, when he was appointed as a judge pro tem in the Orange County Superior to conduct settlement conferences. He has continued to help the court and litigants to the present time by presiding over settlement conferences. While Mr. Cummings has not kept any statistics, he estimates that he has conducted approximately 900 settlement conferences for the court.

Mr. Cummings began serving as a mediator in 2005. He completed the mediation course at the Strauss Institute for Dispute Resolution at Pepperdine University in 2006.

Mr. Cummings knows that many cases can be settled when people are able to understand the risks and uncertainties of litigating a case in trial, and he helps them appreciate the benefits of being able to have some control of the outcome by reaching a settlement.

Mr. Cummings provides litigants with an analysis of how the key issues may be viewed by the trier of fact at trial, and this analysis, based on Mr. Cummings’ personal experience, helps the parties evaluate the risks of trial and the rewards of settlement.

Mr. Cummings’ mediation skills, along with his trial experience, can help your clients and you resolve the difficult, complex issues that you may be facing in litigation.

Highlights & Honors

  • AV Preeminent Rating by Martindale-Hubbell Law Directory (this is the highest rating given out by the Law Directory)
  • Diplomate, American Board of Trial Advocates (this is the highest ranking within the organization)
  • President, Orange County Chapter of American Board of Trial Advocates, 1987
  • Member, National Board of Directors, American Board of Trial Advocates, 1987-1988, 2003-2008
  • Founding Member, Robert A. Banyard, American Inns of Court
  • Board of Directors, Southern California Defense Counsel, 1988-1990
  • In 2009, Mr. Cummings received the Joseph D. McNeil Civility Award from the Orange County Chapter of the American Board of Trial Advocates, which is given to a member whose integrity, civility and professionalism inspires trust among counsel and clients, and promotes respect for the profession
  • Instructor for Continuing Education of the Bar, Trial Advocacy
  • Instructor for National Institute of Trial Advocacy
  • Instructor for ABOTA Master in Trial

Mr. Cummings’ fees are $350.00 per hour. There is no file origination fee or other administrative charges for Mr. Cummings to mediate your case.

If Mr. Cummings can be of assistance to your clients and yourselves, please contact Mr. Cummings’ assistant Michele at: Wesierski & Zurek LLP, One Corporate Park, Suite 200, Irvine, California 92606; telephone (949) 975-1000. The office is located near the intersection of Jamboree and Barranca, between the San Diego and Santa Ana Freeways.