With over twenty years of litigation experience, Mr. Yake is a strong believer in mediation as an effective process to reduce and resolve disputes. Mr. Yake listens to carefully to the participants, facilitates the exchange of information, and assists the participants in evaluating their options and generating alternatives to the expense and delay of litigation. Once retained, Mr. Yake is 100% committed to achieving the greatest maximum benefit to the participants, either by resolution by the end of the session or by paving the way to future resolution.  


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Superior Court

  • Civil Limited $150 per hour for each of the first two hours and $300 per hour thereafter.
  • Civil Unlimited : $250 per hour for each of the first two hours and $300 per hour thereafter

$750/3 hours + $300 per hour thereafter. Effective November 1, 2014 there will be a $100 per party administrative fee. $750 flat rate for up to three hours. $300 per hour thereafter.
All Other Cases: $300 per hour, $175 administrative fee per party

Legal Career & Prior Experience: 

The majority of Mr. Yake’s legal experience has been in the field of civil litigation, primarily in the representation of homeowners’ associations in construction defect litigation.  Construction defect claims included landslides, mold infestation including Stachybotris sp., subsidence, and all sorts of water intrusion.  Most of these cases resulted in settlement funded by insurance following multiple mediation sessions.  Mr. Yake also has significant experience in environmental litigation, and in serving homeowners’ associations as general counsel.  Most recently, Mr. Yake represented the owners of a luxury home in protracted litigation, which proceeded to a lengthy bifurcated trial and is now in post-trial proceedings.  Mr. Yake’s prior law firm experience is set forth below:

  • Law Offices of Kirk D. Yake (Current)
  • Of Counsel, Ward & Hagen, LLP (2008-2013)
  • Associate Attorney, Naumann, Levine & Silldorf, LLP (2005-2008)
  • Associate, Partner, Burdman Law Group (1998-2005)
  • Associate, Silldorf, Burdman, Duignan & Eisenberg (1993-1998) 

Education & Professional Affiliations: 

Mr. Yake is a licensed attorney in California and has served pro hac vitae on construction defect disputes in Arizona and Colorado.  His educational background and professional affiliations are listed below:

  • University of San Diego, J.D., 1993
  • University of California, San Diego, B.A., Political Science, 1987
  • California Real Estate Broker (Inactive)
  • San Diego County Bar Association
  • Consumer Attorneys of San Diego
  • Sierra Club
  • Surfrider Foundation

ADR Experience & Specialties: 

  • NCRC Mediator Credential (2006)
  • Strauss Institute of Dispute Resolution, Mediating the Litigated Case coursework
  • 2015 (Current) Chair, Alternative Dispute Resolution Section of San Diego County Bar Association 

Achievements & Awards: 

Past board member of the San Diego Chapter of Community Institutions Institute (international organization providing education and resources to stakeholders of community associations, including HOAs, condominium associations and planned unit developments).  Honors included “Author of the Year” and “Committee Member of the Year.”  

Hobbies & Interests: 

Mr. Yake’s hobbies include travel (with a Senior Contributor badge on TripAdvisor), surfing with his friends, and growing tomatoes in his backyard.    

To schedule a mediation please call Case Manager Kathy Purcell at