Mediator Resume

Gammage & Burnham, PLC – Partner

Attorney - Commercial, Construction, and Employment Litigation, Arbitration and Mediation

Partner, Gammage & Burnham, 1983-Present; Associate, Snell & Wilmer, 1978-1983; Clerk to Judge Ozell M. Trask, United States Court of Appeals for the Ninth Circuit, 1977-1978.

Construction Litigation Over the course of his more than 45 years of practice, Rick has represented almost everyone on a construction site including owners, lenders, architects, engineers, general contractors, subcontractors, and suppliers. Litigated and arbitrated matters have included multiparty disputes, professional errors and omissions claims up to $9 million, construction defects, and payment disputes. Employment Litigation Represents both employers and employees in litigation involving wage claims, discrimination, wrongful termination, restrictive covenants, trade secrets, and FMLA issues in both the private and public sectors. Has been counsel to the City of Phoenix Civil Service Board for more than 40 years. Commercial Disputes Experience with commercial litigation includes standard breach of contract matters, corporate governance, shareholder disputes, partnership and LLC dissolution, healthcare, subrogation claims, and products liability defense. These matters have arisen in a wide variety of industries including agriculture, manufacturing, and retail.

Rick has conducted more than 250 mediations. These have been in a variety of legal fields including construction, employment, commercial disputes, and personal injury matters. He is a member of the mediation roster for the Nuclear Regulatory Commission's safe workplace program and in that role has conducted mediations throughout the western states. Also has served as a privately retained mediator for construction, employment, and general commercial matters. Has conducted mediations via Zoom.

Construction cases mediated have included the following issues: failure to perform, delay damages, design errors, and faulty construction claims. Employment matters have included wrongful termination claims, wage and hour disputes, and restrictive covenant matters.

Every mediation is different and needs to be approached in the manner most likely to lead to a resolution. Experience suggests that in most circumstances an evaluative approach is the most helpful, but not in all matters. In complex cases, pre-mediation meetings with each side will be considered. Having each side present their position in a joint opening session at the start of the mediation is usually counterproductive and is avoided. For the evaluative process to work well, counsel need to be well prepared for the mediation and provide the mediator with the tools necessary to craft an effective resolution. Always focus on what is each parties' best alternative to a negotiated resolution.

Arizona State University (JD, cum laude-1977; BA, Journalism-1974)

Admitted to the Bar: Utah (2011), Arizona (1977); U.S. District Court: District of Arizona (1978); U.S. Court of Appeals: Ninth Circuit (1978); U.S. Supreme Court (1983)

American Bar Association (Alternative Dispute Resolution Section; Litigation Section; Section of Labor and Employment Law); State Bar of Arizona (Trial Practice Section, Construction Section, and ADR Section); State Bar of Utah, Park City Bar Association, and National Academy of Distinguished Neutrals. Served as the Chairman for the Arizona State Bar ADR Section, 2024-2025.

Hourly Rate: $525.00 Daily Rate: Not provided Study Rate: $525.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: Compensation rates, established by the AAA, are set forth in the applicable Consumer Mediation Procedures.

English

United States of America

Phoenix, Arizona