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Mediator Resume

Mark D Zukowski, Esq.

Mark D Zukowski, Esq.

Current Employer-Title

Jones, Skelton & Hochuli, P.L.C. - Of Counsel

Profession

Attorney, Arbitrator, Mediator

Work History

Partner, Jones, Skelton & Hochuli, P.L.C., 1983 - Present.

Experience

Arbitrator, Mediator and Neutral Case Evaluator since 1991 with extensive experience in all aspects of construction and construction defect litigation, commercial, insurance, personal injury, ADA disability, nursing homes, partnership dissolutions; police; railroad and trucking. American Arbitration Association panelist since 1991. Judge Pro Tem for the Arizona Court of Appeals 1992 to 1997. Judge Pro Tem and Settlement Conference Judge Pro Tem for the Maricopa County Superior Court since 1995 to 2023. Arizona, California, New Mexico and Nevada experience. Over 40 years of experience as a civil trial attorney with a strong emphasis in construction, construction defect, commercial, personal injury and insurance litigation. Awards and Honors: Beta Gamma Alpha Honorary Accounting Society; Beta Gamma Sigma Honorary Business Society; listed in Top Alternative Dispute Resolution Attorneys, 2012-2013' Present - listed in Southwest Super Lawyers 2025 and 2026; Phoenix Magazine's Top Attorneys in Arizona; Best of Arizona Business Leaders; and The Best Lawyers in America for work in Arbitration and Mediation and Rated, AV® Preeminent™ 5.0 out of 5, 2018 to Present. CONSTRUCTION AND CONSTRUCTION DEFECT LITIGATION - has represented owners, developers, general contractors and subcontractors in the following areas: - construction defect litigation - construction injury litigation - breach of contract - prompt pay act - liens and lien enforcement - indemnity and risk transfer COMMERCIAL - experienced in the following areas: - breach of contract - landlord/tenant disputes - homeowner association disputes - hospitality - collections PERSONAL INJURY - has represented plaintiffs, self insureds, insurance carriers and their insureds in all aspects of personal injury litigation including: - auto - premises - product liability - coverage - homeowner - construction injury - defamation/libel/slander - ADA Disability - nursing homes - partnership dissolutions - police - railroad - trucking - wrongful death - professional liability - medical malpractice INSURANCE GENERAL - Business interruption/property loss - Agency/broker issues - Claims management practices - Claims service agreements - Large deductible/self-insured retention programs - Alternative risk funding mechanisms - Insurance coverage - Directors & Officers Insurance - Property/Casualty Insurance - Life/Health/Disability Insurance - ERISA - Worker Compensation Insurance - Fidelity Insurance - Professional Liability Insurance - Errors and Omissions Insurance - Architects and Engineers Insurance - Crop Insurance INSURANCE COVERAGE - Allocation of loss among multiple insurers - Primary/excess issues - Trigger issues and number of occurrences - Exhaustion of policy limits - Toxic torts and hazardous wastes coverage - Casualty and environmental coverage - Professional liability coverage - Employer liability coverage - Various other first-and third-party coverage.

Mediator Experience

Arbitrator, Mediator and Neutral Case Evaluator since 1991 with extensive experience in all aspects of construction and construction defect litigation, commercial, insurance, personal injury, ADA disability, nursing homes, partnership dissolutions; police; railroad and trucking. American Arbitration Association panelist since 1991. Judge Pro Tem for the Arizona Court of Appeals 1992 to 1997. Judge Pro Tem and Settlement Conference Judge Pro Tem for the Maricopa County Superior Court since 1995 to 2023. Arizona, California, New Mexico and Nevada experience. Awards and Honors: Beta Gamma Alpha Honorary Accounting Society; Beta Gamma Sigma Honorary Business Society; listed in Top Alternative Dispute Resolution Attorneys, 2012-2013' Present - listed in Southwest Super Lawyers 2025 and 2026; Phoenix Magazine's Top Attorneys in Arizona; Best of Arizona Business Leaders; and The Best Lawyers in America for work in Arbitration and Mediation and Rated, AV® Preeminent™ 5.0 out of 5, 2018 to Present.

Representative Issues Handled as a Mediator

Mediated all facets of construction and construction defect litigation, including: pay application issues, breach of contract issues, multi-party construction injury and defect cases, delay damage cases and scheduling issue cases. Also mediated a wide variety of personal injury cases involving product defect, premise liability, auto, and medical and legal malpractice.

Mediator Style & Process Preferences

I believe parties want an honest, respectful and assertive Mediator and this is how I approach Mediation. I am careful not to impose my evaluation of a case on parties, but instead challenge them to carefully consider how a jury may view their case. My ultimate goal as a Mediator is to share my 40 years of experience as a litigator and provide creative settlement strategy to assist parties in reaching a settlement they are happy with.

Technology Proficiency

Maintain compliance with all AAA technology requirements as well as ongoing technology training through law firm. Also proficient in the use of Zoom for remote Arbitrations/Mediations.

Education

University of Arizona (JD - 1980); University of Michigan Law School (Summer 1980); Wayne State University (BS - 1978).

Professional Licenses

Admitted to the Bar: Arizona (1981); U.S. District Court: District of Arizona (1981); U.S. Court of Appeals: Ninth Circuit (1981); U.S. Supreme Court (1991).

Professional Associations

American Association for Justice; American Board of Trial Advocates; Claims and Litigation Management Alliance, Arizona Association of Defense Counsel; Arizona Dispute Resolution Association; Beta Gamma Alpha Honorary Accounting Society; Beta Gamma Sigma Honorary Business Society; State Bar of Arizona; and National Academy of Distinguished Neutrals.

Recent Publications & Speaking Engagements

"10 Tips for a Successful Mediation," Author, Arizona Attorney Magazine, November 2024 “A Mediator’s Settlement Proposal,” Author, Arizona Attorney Magazine, November 2022 “Online Mediation Goes Mainstream,” Author, Arizona Attorney Magazine, June 2020 “Nine Best Practices to Protect Your Next Virtual-Teleconferencing Meeting,” Author, JSH Legal Update, April 2020 “Capitalize on Your Mediator’s Expertise to Maximize Your Settlements,” Author, Arizona Attorney Magazine, November 2019 “Capitalize on Your Mediator’s Expertise to Maximize Your Settlements,” Author, The JSH Reporter Fall 2019 “ADR Talks,” Presenter, State Bar of Arizona Convention, June 2019 “Coming Full Circle: Making the Case for the Return of the Initial Joint Mediation Session,” Author, The JSH Reporter, Fall 2018 “Hot Topics in Arbitration – A Panel Discussion,” Panelist, Maricopa County Bar Association – Construction Law Section, October 2018 “The Expert Witness: A Seldom Used But Powerful Resource to Improve Your Mediation Success,” Author, The JSH Reporter, Spring 2018 “How Experts May Improve Your Mediation Success,” Author, Arizona Attorney, March 2018

Compensation

Hourly Rate: $595.00 Daily Rate: Not provided Study Rate: $595.00/hr Cancellation: $4,000.00/Day Cancellation Period: 5 Days Comment: Hourly rate for Mediations, preparation time, study time, communication with AAA and parties and preparation of orders/awards. Willing to serve throughout the United States. $2,000 a day for travel expenses outside of Maricopa County, Arizona. Cancellation policy: In the event the Mediation is cancelled more than thirty (30) days prior to the Mediation, the parties will only be billed for my actual time incurred up to the time of cancellation. If the Mediation is cancelled within fourteen (14) days of the Mediation, the party(ies) requesting cancellation of the Mediation will be billed an additional $2,000/half day or $4,000/ full day, unless able to schedule another matter for this date.

Languages

English

Citizenship

United States of America

Locale

Phoenix, Arizona