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Justice Thomas L. Willhite, Jr. (Ret.) brings more than 33 years of judicial experience to his work as a mediator, arbitrator, and referee in Los Angeles and throughout Southern California, but what attorneys often remember most about him is his legal intellect and the way he makes clients feel during difficult disputes. Calm, approachable, thoughtful, and genuinely engaged, Justice Willhite has built a reputation for creating an atmosphere where parties lower their guard, trust the process, and become willing to have the honest conversations necessary to reach resolution.

After serving on the Los Angeles Municipal Court, the Los Angeles Superior Court, and the California Court of Appeal, Justice Willhite retired from the bench in 2023 having authored approximately 2,000 appellate opinions and participated in thousands of additional appeals and writ proceedings spanning virtually every area of California civil law. His experience includes business and commercial litigation, employment and FEHA matters, insurance coverage and bad faith, CEQA and environmental disputes, class actions, intellectual property, probate and trusts, personal injury, professional liability, real estate litigation, and complex appellate matters.

Attorneys repeatedly describe Justice Willhite not as intimidating or overly formal, but as warm, practical, collaborative, and easy to talk to. During his years on the trial bench, lawyers praised him as “patient but firm,” “very courteous and polite,” “a practical judge who can find solutions to difficult issues,” and someone willing to “roll up his sleeves” to help parties work through problems. That same personality now defines his ADR practice in Los Angeles.

Mediation

Justice Willhite approaches mediation as both a legal and human process. He believes people make better decisions when they feel respected, informed, and genuinely heard. Rather than rushing into a rigid evaluative lecture, he focuses first on establishing trust and understanding the personalities, pressures, and dynamics driving the dispute. He is known for his calm presence, disarming sense of humor, patience during tense negotiations, and ability to make even highly emotional litigants feel comfortable participating in the process.

That interpersonal skill is backed by extraordinary preparation. Justice Willhite reviews all mediation briefs, performs his own legal research, and independently analyzes the strengths, weaknesses, and risks in each matter before mediation begins. He also speaks directly with counsel beforehand to better understand not just the legal issues, but the practical realities and emotional barriers affecting settlement.

His style is thoughtful and adaptive rather than formulaic. Some cases require patience and diplomacy. Others require directness and candid risk analysis. Drawing on decades of judicial experience, Justice Willhite knows when to push, when to listen, and when to simply give negotiations the time and space they need to evolve. He is particularly effective in difficult or high-exposure matters throughout Southern California where parties initially believe settlement is unlikely. Through persistence, credibility, strategic negotiation techniques, and continued follow-up after mediation sessions, he has repeatedly helped parties bridge multimillion-dollar settlement gaps and resolve disputes that once appeared intractable.

Before joining ADR Services, Inc., Justice Willhite presided over approximately 200 trials as a judicial officer and spent nearly two decades on the California Court of Appeal. That depth of experience gives attorneys confidence in his evaluations and settlement recommendations. At the same time, his personality and communication style prevent the process from feeling rigid, performative, or overly adversarial. Lawyers trust his judgment because they know he has seen nearly every kind of dispute imaginable — but they also trust him because he approaches people with humility, authenticity, and respect.

Arbitration and References

As an arbitrator, discovery referee, special master, and private judge, Justice Willhite brings the same rigor and accessibility that defined his judicial career. He establishes clear procedural expectations, manages proceedings efficiently, conducts thorough independent legal analysis, and issues well-reasoned rulings. He remains readily available to counsel to resolve disputes promptly and pragmatically.

Appellate Consultation

Having served nearly 18 years on the California Court of Appeal and authored approximately 2,000 opinions across virtually every area of California civil law, Justice Willhite is one of Southern California’s most experienced appellate neutrals. He is frequently selected for appellate mediation, appellate risk analysis, moot court preparation, and consultation on matters involving unsettled law or significant appellate exposure. Attorneys handling complex or appeal-sensitive disputes in Los Angeles and throughout Southern California regularly turn to him when they need both intellectual rigor and someone who has lived the appellate process from the inside.

AREAS OF SPECIALIZATION

Justice Willhite accepts mediation, arbitration, and reference matters and is frequently selected for matters in the following areas:

• Business and commercial litigation
• Employment disputes and FEHA matters
• Insurance coverage and bad faith
• Personal injury and wrongful death
• Real estate and landlord-tenant litigation
• Probate, trust, and fiduciary disputes
• CEQA and environmental litigation
• Class actions and complex civil litigation
• Intellectual property disputes
• Professional liability claims
• Appellate mediation and risk analysis

JUDICIAL EXPERIENCE

California Court of Appeal
Associate Justice, Second Appellate District, Division Four, 2005-2023

• Authored more than 2,000 opinions and reviewed thousands of civil and criminal appeals and extraordinary writ matters in many diverse areas of the law.

Superior Court of California, Los Angeles County
Judge of the Superior Court, 1997-2005

• Presided over a fast-track civil trial court for five years. Heard law and motion matters, conducted settlement conferences, and tried cases involving a broad range of civil claims.
• Handled several criminal law assignments, including long cause criminal trials in a high security courtroom.

Municipal Court of California, Los Angeles County
Judge of the Municipal Court, 1990-1997

• Presided over misdemeanor criminal trials.

LEGAL EXPERIENCE

Office of the Attorney General, California Department of Justice
Supervising Deputy Attorney General, Criminal Division, 1980-1990

• Appellate lawyer for the California Attorney General’s office. Argued cases in virtually every court except the United States Supreme Court.

EDUCATION

• Loyola Law School, Juris Doctorate, 1979
• University Of California, Los Angeles, Bachelor of Arts in History, 1976

FOREIGN TEACHING EXPERIENCE

• Guest Lecturer, Libera Università Internazionale degli Studi Sociali (LUISS), Dipartimento di Giurisprudenza (Rome, Italy), 2022. Topic: Comparative Law.
• Guest Lecturer, Università Degli Studenti di Napoli Frederico II (Naples, Italy), 2021. Topic: Comparative Law.
• Guest Speaker, Libera, Associazioni, Nomi E Numeri Contro Le Mafie (Genoa, Italy), 2019. Topic: Organized Crime in Los Angeles.

PROFESSIONAL ASSOCIATIONS

• California Criminal Jury Instruction Committee, Judicial Council of California, 2012-2022
• California Indigent Defense Oversight Committee, Judicial Council of California, 2006-2012
• Appellate Rules Committee, Judicial Council of California, 2006-2009

LANGUAGES

Justice Willhite is fluent in English and Italian.

FREQUENTLY ASKED QUESTIONS

What types of cases does Justice Willhite mediate? Justice Willhite mediates a wide range of complex civil disputes in Los Angeles and throughout Southern California, including business and commercial litigation, employment and FEHA matters, insurance coverage and bad faith, real estate disputes, CEQA and environmental litigation, probate and trust matters, class actions, intellectual property disputes, professional liability claims, personal injury matters, and appellate-related disputes. Over the course of his judicial career, he handled virtually every area of California civil law.

What is Justice Willhite’s mediation style? Justice Willhite’s mediation style is thoughtful, highly prepared, and relationship-driven. He focuses on reducing tension, building trust, and helping parties realistically evaluate risk in a productive environment. Attorneys frequently describe him as calm, approachable, patient, practical, and easy to talk to — and note that even highly resistant parties tend to engage openly with him. He adapts his approach to the needs of each case, knowing when to listen, when to challenge assumptions, and when to push negotiations forward.

Is Justice Willhite an evaluative mediator? Yes, but strategically so. Justice Willhite believes effective mediation begins with understanding the parties and building credibility before delivering strong evaluations. When appropriate, he provides candid assessments of legal exposure, appellate risk, case value, and settlement dynamics — assessments that carry weight because parties trust both his decades of judicial experience and his genuine objectivity.

How does Justice Willhite prepare for mediation? Justice Willhite is known for exceptional preparation. He personally reviews all mediation briefs, conducts independent legal research, and analyzes the legal and factual issues before mediation begins. He also speaks directly with counsel beforehand to understand the personalities, business realities, and negotiation dynamics affecting settlement — not just the legal arguments.

Does Justice Willhite handle appellate mediation and consultation? Yes. Having served nearly 18 years on the California Court of Appeal and authored approximately 2,000 opinions, Justice Willhite is one of Southern California’s most experienced appellate neutrals. He is frequently selected for appellate mediation, risk analysis, moot court preparation, and consultation on matters involving unsettled or complex legal questions.

What makes Justice Willhite effective in difficult mediations? Justice Willhite combines judicial credibility with emotional intelligence. He is known for his calm demeanor, patience, persistence, and ability to connect with parties personally — qualities that allow him to move negotiations forward in cases where settlement once seemed out of reach. He has repeatedly helped litigants bridge substantial settlement gaps, including multimillion-dollar differences, through careful negotiation strategy, mediator’s proposals, and continued post-mediation follow-up.

Does Justice Willhite conduct arbitrations and serve as a discovery referee? Yes. In addition to mediation, Justice Willhite serves as an arbitrator, discovery referee, special master, and private judge in Los Angeles and throughout Southern California. He is known for establishing organized procedures, managing disputes efficiently, and issuing clear, well-reasoned rulings grounded in thorough legal analysis.

Why do attorneys select Justice Willhite as their neutral? Attorneys select Justice Willhite because he offers something genuinely rare:

• More than three decades of judicial experience
• Approximately 2,000 authored appellate opinions
• Extensive trial court and settlement conference experience
• Deep knowledge across nearly every area of civil law
• Strong evaluative skills
• A calm, personable, and highly trusted mediation style

He is particularly effective in cases where parties need both candid legal analysis and a mediator capable of building trust across difficult personalities and emotionally charged disputes.