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Mediator Resume
Michael T Walsh, Esq.
Professional Summary
Have been AV (Highest) Rated by Martindale Hubbell since 1995 and designated as a New York "Super Lawyer" in Alternative Dispute Resolution and Insurance Coverage
As a former advocate in arbitration and litigation have developed an appreciation of the amount of work necessary to properly prepare for and present a case in arbitration as well as the importance of the outcome to the Parties; a knowledgeable and prepared arbitrator is therefore a requirement.
Also have a strong belief in the advantages of arbitration and/or mediation over litigation as well as a commitment to helping the Parties agree on procedures that best fit their case in order for the process to run as fairly and efficiently as possible.
Current Employer-Title
Michael Walsh ADR - Principal
Profession
Attorney, Arbitrator, Mediator
Work History
Principal, Michael Walsh ADR, 2014-Present; Founder and Principal, Boundas, Skarzynski, Walsh & Black, 2003-2014; Partner and Member of Executive Committee, Peterson & Ross, 2000-2003; Founder and Partner, Walsh & Sheehan, LLP, 1996-2000; Heidell, Pittoni, Partner, 1989-1996; Assistant General Counsel and Officer of Skandia American Reinsurance Corporation, 1984-1988; Associate, Martin, Clearwater & Bell,1979-1984.
Experience
Over 40 years of experience as either a litigator, arbitrator or mediator in a wide range of domestic and international disputes involving: insurance and reinsurance commercial; corporate; employment; professional liability; partnerships; claims of malpractice against attorneys, accountants (including public company and SEC Issues), insurance brokers and agents, real estate professionals, actuaries, hospitals and physicians, as well as directors and officers.
Litigated and arbitrated attorney and accountant malpractice cases based upon multiple underlying issues including: real estate transactions, Labor Union representation, retirement issues, securities law, commercial litigation, insurance coverage, tax and IRS issues, zoning, labor law, ERISA, RICO, personal injury, escrow conversion, and labor union disability claims.
Experienced in evaluating personal injury damages and exposure as a result of medical malpractice defense of NYC Hospitals and physicians
Also experienced in:
Clergy sexual misconduct cases and recoveries First Amendment issues including published defamation, personal injury and premises liability, employment discrimination, RICO Claims;
Privileged to successfully represent the Estate (and grandchildren and 13 great grandchildren) of Martin Ramirez, a recognized art world master in a high profile action to recover compensation and other rights related to the artist's work from museums, auction houses, art galleries, and other art collectors; over 200 pieces recovered, with some selling for over $400,000; Mr. Ramirez was a self taught Mexican artist whose work was created while confined to California state institutions from 1930-1963. He has been described by the New York Times as one of the greatest artists of the 20th century.
Product liability cases involving elevators, computer keyboards, medical devices, HVAC, fire helmets, asbestos;
Professional sports related issues including National Hockey League concussion litigation, representation of the Ladies Professional Golf Association, golf product manufacturers and distributors as well as season ticket and Luxury Box Disputes;
Litigation involving furriers, warehousing issues, maritime, trademark infringement and arson;
Insurance Experience Details:
Most issues regarding CGL Policy (Property/Casualty) Coverage disputes, ,Insurance agency/brokerage issues, claims management practices, MGAs, TPAs, SIR issues,, accident, life/health, disability, ERISA, Errors and Omissions, Directors and Officers, Aviation and Maritime, Fidelity and Surety, workers compensation, title, fire and water damage, claims arising out of 9/11 attacks, excess and reinsurance contract and treaty disputes.
Mediator Experience
Served as mediator in over 80 mediations involving: commercial disputes, professional liability (malpractice) matters involving attorneys, accountants and insurance brokers, insurance coverage disputes in both property and casualty and healthcare, sports arena luxury box leasing, payment for architecture plans on large scale ( $300 million) commercial development, issues regarding search firm representation and fee responsibility, Healthcare Billing Disputes between hospital networks and medical insurance providers, Accounting malpractice claims including business valuation, public offering issues and audits.
Also served as mediator in numerous legal malpractice matters including contract drafting, representation on pension and retirement rights, effects upon partnership dissolutions, personal injury claims as well as trusts and estates issues.
Served as advocate in mediations involving law firm partnership issues, insurance and reinsurance coverage disputes, personal injury claims as well as real estate ownership/leasing involving shopping malls.
Representative Issues Handled as a Mediator
Commercial contract issues involving leasing of sports arena suites including claims in excess of $1 million for failure to fulfill lease obligation.
Legal malpractice matters involving commercial representation on contract drafting of airport lounge agreement with claimed damages over $2 million.
ERISA Matters
Litigation over the Ownership of Artwork of Yoko Ono.
Personal Injury Claims ranging in value from $25,000 to $5 million.
Dispute over payment for architecture plans on large scale commercial development and issues regarding search firm representation and merger of the parties involved in the initial search. Plaintiff search firm sought in excess of $40 million based upon quantum meruit theories.
Healthcare Billing Disputes
Joint Venture and contract termination issues resulting from takeovers
Legal malpractice matters based upon claims of mishandling of pension and disability benefits of public officials as well as Real Estate Title issues.
Accounting malpractice action based upon improper valuation of acquired Corporation.
Workers Compensation rating and contract interpretation
Action for dissolution of a well known NYC Bar/Restaurant and ownership of Trademark of Bar Name; action resulted from conflict between owners of LLC, including "Celebrity Bartender."
Disputes over Property and Business Interruption Coverage as a result of Superstorm Sandy.
Mediator Style & Process Preferences
Strong belief in convincing the parties that the mediation experience is not one of "competition" in attempting to work out a reasonable solution and avoiding costs of further litigation.
While aware that some cases cannot be successfully mediated, I am extremely persistent and will attempt to facilitate a solution until all reasonable avenues have been explored.
I have had success in mediation as a party advocate and mediator and firmly believe the process can work if both sides are in relatively good faith in approaching the process.
Technology Proficiency
Have conducted numerous arbitrations and mediations while hosting on Zoom platform.
Education
St. John's University (JD); University of Notre Dame (AB)
Professional Licenses
Admitted to the Bar: New York (1980); U.S. District Court: Southern and Eastern Districts of New York (1980).
Professional Associations
New York State Bar Association (Alternative Dispute Resolution Section); Professional Liability Underwriting Society; American Bar Association (Litigation Section, Alternative Dispute Resolution Section); ARIAS US (Law Committee Member); National Institute for Trial Advocacy; Yale University Panel of Judges for National Advocacy Competition; Westchester County Bar Association (Co-Chair ADR Section).
Recent Publications & Speaking Engagements
Faculty Member, Cardozo/State Bar 2023 Commercial Arbitration Training; Panelist, AAA Program " Tough Calls and Recurrent Issues in Arbitration: Solutions From Experts 2022; Faculty, New York State Bar Association Commercial Arbitration Training, 2021; Judge, ABA /Fordham Law School Negotiation Competition 2020, Judge William C.Vis International Arbitration Competition, Fordham Law School, 2017/18, Guest Professor, New York Law School Arbitration Training Program 2017/18/19,
Panelist, NYSBA "Advantages of Mediation in Resolving Wills, Trusts Estates and Adult Guardianship Matters 2018;
Judge, Joint NY State Bar Association and AAA Judith S Kaye Arbitration Competition 2017/18; Judge, Yale University National Trial Competition 2014/15/16, Judge/Umpire- Fordham Law School - American Bar Association National Law School Arbitration Competition, 2014;
Moderator, "Reinsurance Claims and Loss Management," RAA, 2009; Summary of ALS v. AGM Marine Constructors, ARIAS-US, 2008; Summary of Reliance v. Raybestos, ARIAS-US, 2008; Special Editor, Commutations, AIRROC Matters, Summer 2007; Moderator, "A Roundtable Discussion: The Dynamics of the Commutation Process Examined through Multiple Lenses," AIRROC Matters, Summer 2007; moderator, "Reinsurance Claims and Collections," American Conference Institute, 2003; "How Far is the Reinsurer Required to Follow the Fortunes of its Reinsured?," American Conference Institute, 2002; "Non-Profit Directors and Officers Liability Issues," Professional Liability Underwriting Society National Convention, 1995; "Why Not Arbitrate Coverage Disputes, The Review," 1987; Co-author, "Reinsurance Aspects of the Model Holding Company Act," American Bar Association Tort and Insurance Practice Session, 1987; "Under the Volcano - 1987 NAII Issues."
Locations Where Parties Will Not be Charged for Travel Expenses
Compensation
Hourly Rate: $675.00
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.
Languages
English
Citizenship
United States of America
Locale
New York, New York
