Mediator Resume

While still maintaining an active litigation practice has served as an arbitrator in over 175 cases and has mediated a greater number. Has handled all phases of litigation for cases pending throughout Massachusetts and Rhode Island in suits ranging from multi-party, multi-million dollar matters to lower value matters for individuals and corporations. Has argued before the US Supreme Court. Has served as an arbitrator in all six New England states. Cases are handled proficiently, with timely attention to parties and counsel.

Peabody & Arnold - Partner

Arbitrator, Attorney, Mediator

Partner, Peabody & Arnold, 1995 - Present; Partner/Associate, Parker Coulter Daley & White, 1987 - 1995; Associate, Sisson, Bloomenthal & Allen, 1984 - 1987.

Forty-one years as a civil trial lawyer on behalf of plaintiffs and defendants in cases involving construction, environmental, maritime, contract, consumer rights, products liability, franchise disputes, real estate, business and employment disputes. Business and employment disputes involve issues of stock transfer, agency, unfair competition, breach of fiduciary responsibilities, interference with business relationship, consumer lending practices, non-compete agreements, quantum meruit, franchises, fraud and wrongful termination. Construction experience includes litigating disputes involving a variety of issues such as architectural and engineering design, site conditions, HVAC, domestic hot water systems, weather proofing, kitchen design, fire suppression and sprinkler systems pile driving and blasting. Environmental claims have included hazardous waste, oil contamination, wildlife protection and commercial use of federal land. Extensive experience interpreting construction, insurance and employment contracts as well as lease agreements. Employment Experience: Cases involving executive contracts as both an arbitrator and in representing clients. Tried executive contract claims brought by the CEOs and CFOs of credit unions and banks. Also involved in cases brought by CEOs and presidents of fitness companies and restaurant chains. Defended whistleblower claims brought against banks, hospitals, nursing homes and a myriad of other businesses under both state and federal law. Has sat as an arbitrator on a number of whistleblower cases. Decided as an arbitrator matters related to the misclassification of drivers for an international delivery company, vendors at a hospital and workers at an auto dealership. Arbitrated cases involving disputes over commissions and ownership of product. Defended class action cases involving hundreds of allegedly misclassified employees. Handled matters involving non-compete agreements and interference with business relationships. Considerable experience in wrongful termination cases related to disability, age, gender, sexual orientation, race, national origin, and pregnancy. As well as violations of Family Medical Leave Act and claims of retaliation. Labor experience representing transportation companies Disputes include termination for failing department of transportation drug tests safety violations and interpretations of progressive disciplinary policies and authority under collective bargaining agreements. Consumer cases involve leasing of automobiles, rental properties, ride share contracts and cybercurrency. Has represented both plaintiffs and defendants in a wide range of matters including personal injury (premises, auto, product liability, toxic tort, construction, sports, amusement parks, maritime); wrongful death, banking, defense of nursing homes and assisted living centers, Jones Act claims and employment litigation. Has extensive experience in uninsured and underinsured motorist arbitrations, having represented a party in over 75 cases and as an arbitrator in an additional dozen underinsured motorist cases.

Mediated disputes between property abutters (cases involve disputes over property lines, nuisance due to noise, encroachments, overburdening easements) Employers and employees (cases involve alleged discrimination for disability, age and whistleblowing, breach of employment contract, dispute over independent contractor status, visa and citizenship status). Insurers and injured plaintiffs (cases involve auto accidents, premises liability, injuries on railroad and commercial vessels, products liability) Franchisers and franchisees (cases involve restaurants, mail distribution companies, cleaning businesses, storage facilities). Various business and commercial transactions (cases include sales of business, misuse of funds, disputes among condominium owners, construction related claims, buy/sell disputes, breaches of fiduciary duty, fraud, unjust enrichment, unfair business practices, installment sales contracts, indemnity and product failure). Employment (wrongful termination, visa disputes, breach of employment agreement, compensation and bonuses, stock options)

Mediated real estate disputes involving disputed easements and claims of adverse possession. Mediated a multi-party suit between condominium owners over destruction to a roof when building competing roof decks. Other issues at mediation included an employment case involving the termination of a bank CEO and another case involving the termination of an employee claiming disability. Helped settle cases involving disputes over the sale of a business (airline) and a medical practice.

My approach is to get involved before the mediation. I speak to counsel beforehand to learn their insight about their clients and what they believe will help resolve the case. In those occasions when I believe it will be detrimental to settlement, I ask the parties not to do a presentation. My philosophy is to get the parties as involved as possible so they own the result. There is a cathartic effect in telling one's story, especially to a neutral. I try to determine early whether money is the primary issue or other dynamics are likely to derail progress. I also make certain all decision makers, including interested third parties, are involved. Pre-mediation briefs are encouraged. I strive to settle all cases in one session, but am willing to stay involved to see that the parties get to yes.

Word, Excel, PowerPoint, Teams, Zoom

Suffolk University (JD, cum laude - 1984); St. Lawrence University (BA, cum laude - 1980).

Admitted to the Bar: Massachusetts (1985), Rhode Island (2003); U.S. District Court: Districts of Massachusetts (1985), District of Rhode Island; U.S. Court of Appeals, First Circuit; U.S. Supreme Court (2004).

American Bar Association, Massachusetts Bar Association; Rhode Island Bar Association.

Spoken at seminars about trial advocacy, tactics and procedure. Also given lectures on subjects ranging from products liability, maritime law, insurance coverage and environmental law.

Boston and Proviednce

Hourly Rate: $400.00 Daily Rate: Not provided Study Rate: $400.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment:

English

United States of America

Boston, Massachusetts