Mediator Resume

With over 45 years of experience as an attorney handling construction matters in litigation, arbitration, and mediation, and over 30 years serving as an AAA arbitrator, bring to the process an extensive knowledge of construction contracts, the construction process, and familiarity with many architectural, engineering, and geotechnical issues that arise. Able to quickly identify and focus on key facts and legal issues necessary to deciding and resolving disputes efficiently.

Yocum & Neuroth, LLC - Senior Member

Attorney, Arbitrator, and Mediator - Construction, Business, Commercial, and Insurance

Senior Member, Yocum & Neuroth, LLC, 2018 - Present; Managing Member, Benjamin, Yocum & Heather, LLC, 1986-2018; * Associate Attorney and Partner, Benjamin, Faulkner & Tepe, 1979- 1986.

Primarily engaged in litigation, arbitration, and mediation of construction, business/ commercial, and insurance related matters. 75% of practice relates to construction matters; 25% relates to business, commercial. and insurance matters. Practice primarily in Ohio and Kentucky in both state and federal courts, arbitrations, and mediations. Construction practice has involved a broad range of projects including: commercial, industrial, institutional (private and public), power plants, airports, hospitals, medical clinics, schools and universities, shopping centers and malls, high-rise office buildings, office and warehouse facilities, highways and roads, bridges, apartments, condominiums, retirement communities, site development, excavation, rock, and other site conditions.

Has served as a mediator in construction cases involving waste water treatment plant, architect dispute with owner on college campus project, retails stores, office building conversion to residential, restaurant, and large single family residential. Have also served as a mediator regarding personal injury claims. The waste water treatment plant case involved claims of approximately $2,000,000.

Representative issues handled as a mediator include contract issues relating to construction of commercial, industrial, and institutional projects including claims for changed conditions, loss of productivity, deficient plans and specifications, bidding errors, assessment of backcharges, contract termination, scheduling and related damages issues.

The mediator's role is to facilitate settlement. This role requires flexibility to adapt to the circumstances and personalities of the case. Some cases can be settled merely by the open exchange of information that had not been previously considered. In some cases, parties need assistance in understanding their vulnerability to the risks and uncertainties of their case. Some parties primarily need the opportunity to vent and have their case "heard." My philosophy is that a mediator should be able to discern which approach will be most helpful in a particular case and adapt to the needs of the case. In some cases, parties need a "push" to get the matter resolved. I believe in hanging in there as long as there is hope to get the case settled including follow up after the initial mediation conference as may be necessary.

Familiar with online platforms for conducting video conferences and hearings. Flexible regarding utilization of online platforms when desired by the parties. Experienced and familiar with various major software and cloud options regarding electronically stored information.

Ohio State University (BA, summa cum laude-1975); University of Cincinnati (JD-1979). Also attended, New College, University of Oxford, England (1975), and California Western School of Law (1976 to 1977).

Admitted to the Bar: Ohio (1979); Kentucky (1980); Florida (1980); U.S. Court of Appeals, Sixth Circuit (1982); U.S. Supreme Court (1986); and multiple U.S. District Courts.

Construction Specifications Institute of Cincinnati; Allied Construction Industries of Cincinnati (Constructor Magazine Committee, Past Chair); Chapter Attorney and Board Member, American Subcontractors' Association of Ohio; Cincinnati Bar Association; Ohio State Bar Association; Kentucky Bar Association; Florida Bar Association, Northern Kentucky Bar Association.

Author of more than 200 articles on legal topics primarily related to the construction industry which have been published in various construction industry publications, law review and business school publications. Author of numerous seminar articles and publications regarding Ohio and Kentucky construction law through Cincinnati Bar Association, National Business Institute, Lorman Business Center, Inc., and other construction industry groups. Recent speaking engagements have been with Independent Electrical Contractors, Construction Specifications Institute Ohio Valley Chapter, and Specifications Consultants in Independent Practice.

Within 25 miles of downtown Cincinnati, Ohio.

Hourly Rate: $425.00 Daily Rate: Not provided Study Rate: $425.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment:

English

United States of America

Newport, Kentucky