Mediator Resume

Established Wagner/Holbrook Presidential Chair in Negotiation at the S.J. Quinney College of Law, 2024; S.J. Quinney College of Law Alumnus of the Year, 2024; Inaugural Member, S.J. Quinney College of Law Golden Gavel Society, 2024; Honorary Doctor of Law degree, Grinnell College, 2018; Utah Judicial Council Amicus Curiae Award, 2016; University of Utah Veterans Support Center Advisory Committee, 2011 - present; Trustee, Wagner Charitable Foundation, 2006 - present

University of Utah S.J. Quinney College of Law – Clinical Professor of Law Emeritus

Law Professor Emeritus, Arbitrator and Mediator

Clinical Professor of Law Emeritus, University of Utah S.J. Quinney College of Law, 2019 - Present; Clinical Professor of Law, University of Utah S.J. Quinney College of Law, 2002 - 2019; Senior Litigator, Callister Nebeker & McCullough, 1983 - 2002; In-house Counsel, Intermountain Power Agency, 1982 - 1983; Partner, Giauque & Williams, 1980 - 1982; Assistant U.S. Attorney, District of Utah, 1978 - 1980; Associate, Jones Waldo Holbrook & McDonough, 1976 - 1978; Associate, Watkiss & Campbell, 1975 - 1976; Law Clerk to Chief Judge, U.S. District Court District of Utah, 1973 - 1975.

28 years practicing law in Salt Lake City as an Assistant U.S. Attorney (civil and criminal cases), trial lawyer in private practice (civil litigation and federal criminal defense), assistant in-house general counsel, mediator, arbitrator; 17 years teaching negotiation, mediation, and arbitration at the S.J. Quinney College of Law; 5 years managing special projects at the law school.

Experience as a mediator has included the following: several copyright infringement disputes in the computer and publishing industries; about 20 payment disputes in the construction industry; about 100 insurance fraud disputes; several healthcare disputes; one land development dispute between two cities; two municipal zoning cases; about 10 real estate disputes; and about 30 employment disputes (including breach of contract, disabilities, sex and age discrimination, harassment, hostile workplace, wage and hour violations, and wrongful termination). Has also mediated two franchise disputes in the fast-food industry; about five disputes between financial institutions and borrowers; about 40 personal injury disputes; about 10 professional malpractice disputes (involving accountants, appraisers, attorneys, geologists, and physicians); about 10 consumer disputes; about 50 asbestos-disease settlement trust disputes, and about 40 disputes involving businesses or partnerships, shareholders, and securities. Has mediated several disputes each involving: accounting, computer software, energy trading, environmental damage, intellectual property, medical devices, multilevel marketing, newspapers, oil and gas industry, taxation, and wills and trusts.

Accounting, Americans with Disabilities Act, banking, businesses and corporations, case consolidation and joinder, casinos, civil rights, class arbitration, collective bargaining agreements, computers, construction, consulting, consumers, contracts, employment, energy trading industry, entertainment, environmental, Employee Retirement Income Security Act, Fair Labor Standards Act, family, Federal Tort Claims Act, fire and flood damage, health care, insurance, intellectual property, international businesses, medical devices, multilevel marketing, multi-million dollar disputes, multi-week hearings, municipal ordinances, oil and gas industry, partnerships, personal injuries and wrongful death, professional malpractice (accountants, attorneys, physicians, and property appraisers), real estate, securities, shareholders, sporting goods and equipment, taxation, telecommunications, trusts and estates, wills, and U.S. Olympic Committee-related sports organizations.

I encourage counsel for parties to work together to identify documents that I should read before the mediation. I request pre-mediation statements from counsel (to be exchanged or submitted confidentially, as counsel determine among themselves). I require an initial joint session of all parties and counsel. I read all written submissions thoroughly before the mediation; I develop an agenda of issues that need to be addressed in the mediation. I allow counsel (or parties) to present their stories in an uninterrupted manner and then permit and encourage counsel to ask questions of one another in a non-adversarial way. I ask counsel to focus their advocacy on one another rather than on me. I ask risk analysis questions in caucus. If there appears to be an impasse, I will share my impressions of the case with counsel. I do not believe in continuing the mediation once it is clear that the parties have reached an impasse.

University of Utah (JD, article editor, Journal of Contemporary Law-1974); Indiana University (MA, National Science Foundation Fellowship-1968); Grinnell College (BA, Phi Beta Kappa, Woodrow Wilson Honorary Fellowship-1966).

Admitted to the Bar: Utah, 1974; U.S. District Court: District of Utah, 1974; U.S. Court of Appeals: Tenth Circuit, 1977; U.S. Supreme Court, 1980.

Utah State Bar Association (Dispute Resolution Section, Past Commissioner); American Bar Association (Dispute Resolution Section); American Arbitration Association (Past Board of Directors).

Co-author, ADVANCED NEGOTIATION AND MEDIATION, West Academic Publishing, 2013; "The ABC's of Writing a 'Reasoned Award,'" AAA HANDBOOK ON CONSTRUCTION ARBITRATION & ADR, 2nd ed., pps. 315-22, JurisNet, 2010; "Using Performative, Distributive, Integrative and Transformative Principles in Negotiation," 56 LOYOLA NEW ORLEANS LAW REVIEW, pps. 101-19, 2010; "Unifying Principles of Mediation: A Unified Field Theory of Mediation - Using Performative, Distributive, Integrative and Transformative Negotiation Principles in Mediation," AAA HANDBOOK ON MEDIATION, 2nd ed., pps. 3-22, Huntington, NY: JurisNet, 2010; "Negotiating, Mediating, and Arbitrating Physician-Patient Conflicts," CLINICAL OBSTETRICS AND GYNECOLOGY, pps. 719-30, December 2008; "An ADR Journey to India," RES GESTAE 22-28, University of Utah S.J. Quinney College of Law, Autumn 2007; "Mandatory Binding Arbitration of Medical Malpractice Claims in Utah," UTAH BAR JOURNAL, 2003. Taught arbitration, negotiation and mediation at University of Utah S.J. Quinney College of Law (2002-2019).

Hourly Rate: $275.00 Daily Rate: Not provided Study Rate: $275.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: Outside Salt Lake County, charges for travel time and expenses.

English

United States of America

Salt Lake City, Utah