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Mediator Resume

Richard O. McDonald, Esq.

Richard O. McDonald, Esq.

Professional Summary

As an advocate, has represented Owners, General Contractors, Subcontractors, Design Professionals and Suppliers in thousands of construction and real property cases, from jury trials to arbitration cases to successful mediations and private resolution throughout 45 years of practice. As an arbitrator, has presided over hundreds of construction, commercial and consumer cases over the past 30 years. As a mediator, has successfully resolved dozens of construction, real property and commercial disputes over the past 20 years.

Current Employer-Title

Lathrop GPM - Partner

Profession

Attorney

Work History

Partner, Lathrop GPM, -Present; Shareholder, Hopkins & Carley, 2001 - Present; Co-Founding Partner, Terra Law, 1999 - 2001; Partner, Thelen Reid & Priest LLP (and predecessor firm), 1994 - 1999; Shareholder/Associate, Hopkins & Carley, 1985 - 1994; Associate, Crosby Heafey Roach & May, 1981 - 1985; Executive Manager, Santa Clara Valley Contractors Association, 1978 - 1981.

Experience

Representation of public and private owners, contractors, subcontractors, design professionals and suppliers in both simple and complex construction and real estate matters. Has tried hundreds of cases to verdict in state and federal court and through binding arbitration. Worked on thousands of construction and real estate matters during 45 years in practice, from luxury residential to complex commercial and industrial projects. Over the years, has developed a special expertise in handling high end luxury home disputes, both on behalf of high net worth owners and specialty contractors. As the son and grandson of contractors, training and experience allows to bring a practical and outcome oriented "let's get the job done" focus, including how to address insurance related issues, to each new matter.

Mediator Experience

Dozens of private mediations in real estate and construction disputes.

Representative Issues Handled as a Mediator

All have been owner/contractor disputes, involving both defect claims as well as breach of contract claims.

Mediator Style & Process Preferences

Making sure each side is prepared to settle, but only after all parties are educated about the others' positions; claimant's statement of claim and defense response exchanged well in advance; getting all parties into the process as early as possible; active participation of experts; becoming aware of coverage issues early on. Spending effective time in caucus with counsel, principals, experts and adjusters in frank but confidential discussion. Mediations are not about everyone getting together for a "kumbaya" session. It takes hard work by all parties, and if anyone is not prepared to do the work we figure out what are the obstacles and try to get over them. Mediators who give their sound impression of strengths and weaknesses tend to get better results over mediators who just want everyone to get along.

Education

University of Santa Clara (JD, cum laude - 1981); Stanford University (AB - 1976).

Professional Licenses

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

Professional Associations

ABA Forum on Construction Law; Construction Lawyers Society of America; Past Chair Santa Clara County Bar Assn Judiciary Committee and Civil Practice Committee.

Recent Publications & Speaking Engagements

Lathrop Client Alerts: Managing AI Use on Construction projects; What To Do If ICE Comes to the Jobsite. Lathrop Podcast Webinar: Delay and Disruption Claims--How to Present and Defend

Locations Where Parties Will Not be Charged for Travel Expenses

Northern California Bay Area

Compensation

Hourly Rate: Not provided Daily Rate: $4,000.00 Study Rate: $700.00/hr Cancellation: $2,500.00/Day Cancellation Period: 5 Days Comment: Compensation rates, established by the AAA, are set forth in the applicable Consumer Mediation Procedures.

Languages

English

Citizenship

United States of America

Locale

San Jose, California