Mediator Resume

A lifetime enthusiastic student of design, construction and craft. An honors architecture graduate who elected the law as the vehicle to see things built and problems solved. Personal interests and an architecture resume lead to a career of litigation and counsel of issues and disputes of a technical and scientific nature. A personal desire and inclination for better design, together with the cumbersome weight of litigation, lead to early embrace of the efficiency of mediation and the flexibility of arbitration. Now litigation left behind and offering ADR lessons-learned to others.

Hedges Resolutions PLLC

Mediator, Arbitrator, Attorney

Hedges Resolutions PLLC, 2024 - Present, Member/Manager, Higgins Benjamin PLLC, 2015 - 2023; Counsel, Sparrow Dennis & Medlin PA, 2010 - 2015; Partner, Nexsen Pruet, PLLC, 2004 - 2010; Partner, Adams Kleemeier Hagan Hannah & Fouts PLLC, 1999 - 2004; Partner, Patton Boggs, LLC, 1987 - 1999; Associate, Woods Rogers PLC, 1982 - 1987.

Experienced construction lawyer and business and civil litigator. After earning an architecture degree and attending law school, legal practice focused upon litigation, mediation, arbitration, contract preparation and general advice, with particular experience in construction law, commercial, technical and Superfund litigation. Represented contractors, construction owners, manufacturers, architects and engineers, business and industrial plant owners and state and local government entities. Projects include all types of design and construction, from housing to complex bridge, roads, ports, conventional and alternative energy and other infrastructure projects. Medical, institutional, hospitality, education, industrial facilities and CERCLA cleanup projects. Claims include all types of construction and design claims, defective work and personal injury, and related insurance and surety issues. Also litigated business contract disputes, financial collection matters, real property issues such as right of access, casualty insurance claims and insurance coverage issues, and professional and CERCLA liability. Involvement with construction problems lead to significant attention drafting contracts, including standard forms; joint venture agreements, designs for project delivery and ADR procedures. As an advocate, actively utilized mediation and arbitration for over 33 years. Served as advocate in about 90 mediations and 25 arbitrations, with sums in controversy ranging from a few thousand dollars to over $30 million. The majority of these matters involved construction and design disputes, including extra work, delay, differing site conditions, uncoordinated design, acceleration, lost productivity, design errors and omissions, insurance coverage, building defects, catastrophic collapse, liens, leasing and finance disputes, permitting and access problems, worksite injury, and personal and property damage to third parties. The balance were business contract disputes, medical device, software, manufacturing and general commercial areas. All but a few of the ADR proceedings as advocate involved multiple parties and, in mediations, an agreed, planned period of pre-conference mediator involvement. Pre-conference confidential teleconferences with the mediator powerfully assisted to narrow and focus issues and assured all parties were adequately informed and prepared for productive settlement discussions.

North Carolina Certified Superior Court Mediator and AAA Panel Mediator and Arbitrator for over 25 years. Have served as mediator in about 90 mediations, with amounts in controversy ranging from $10,000 to $12 million. Served as arbitrator in about 30 arbitrations, with amounts in controversy ranging from $10,000 to over $10 million. The majority of these ADR proceedings involved construction and design issues. Others resolved commercial and business sales and contract disputes, medical device, software and manufacturing contract disputes, scientific and technical industry disputes, closely held stockholder disputes, financing foreclosures and consumer claims.

Mediation often provides the first, and best chance for parties to create their own terms for settlement of their dispute. I support many industries' decisions, decades ago, to utilize mediation as a genuine preliminary alternate to litigation, not merely an expensive pretrial settlement conference, conducted late in an expensive discovery process. But fundamentally, mediation is whatever conversation the present parties need to have to gain a sufficient understanding that, in good faith, a resolution can be agreed to. Mediation serves to materially enhance, enable and accelerate that conversation. That is the task I strive to perform as mediator. What that task requires is unique to every set of parties and every dispute. I think I do a good job of scaling and suggesting pre-conference activity to the scope of the dispute. If the parties are well informed and motivated, early mediation avoids large litigation costs. However, whenever mediation becomes appropriate, I hope the parties participate with at least an intention of settling the case on some terms, and with an open mind and commitment to resolving the dispute. The mediator facilitates communication - providing an opportunity for each party to be heard. At the same time the mediator can help simplify issues, so parties focus upon those critical issues around which a settlement can be reached. If welcomed, I try to assist a party's deliberation, alternatively listening and questioning, to help identify the root of the dispute and a party's goals for a satisfactory resolution. Mediators are unquestionably good messengers of both difficult positions and opening suggestions for resolution. I bring energy, and patience if needed, to keep the process moving. I have experience with a broad range of mediation techniques and may suggest alternatives to move beyond an impasse.

Available for in-person and virtual mediations and arbitrations.

Wake Forest University (JD, Law Review Editorial Staff); Virginia Tech (B.Arch., magna cum laude).

Admitted to the Bar: Virginia, North Carolina, New York, Colorado (1994-2018), New Jersey (2007-2018).

American Bar Association (Litigation Section; Construction Forum); North Carolina Bar Association (Alternative Dispute Section; Construction Section); Virginia State Bar Association; Virginia State Bar Construction and Government Contracts Section.

Co-author and chapter author, "North Carolina," STATE-BY-STATE GUIDE TO CONSTRUCTION CONTRACTS AND CLAIMS, Aspen Publishers, 2006; "Just Who Designed My Building Anyway?," BUSINESS LIFE, Business Life Magazine, Inc., March 2000; co-author and editor, CONSTRUCTION LAW DESKBOOK, NC Bar Foundation, 1994; co-author, CONSTRUCTION AND DESIGN LAW," Michie/LEXIS, 1987-1998. "Why You Want Mediation and How to Use It" Carolinas Associated General Contractors, 2019, "Back From the Brink: can we solve problems or just read contracts?" "It's About Time: The Project Schedule -- management tool or ground rules for the blame game?" "Design-Build: same old bonnet, or new hat?" "Getting the Designer Our of the Ivory Tower" Construction Superconference," Vendome Group, LLC, 2004-07; "An Owner's Rights and Duties on a Construction Projects," Lorman Education Seminars, 2007; "Construction Contracting for Public Entities in North Carolina," Lorman Education Seminars, 2004; "North Carolina Law for Design Professionals," Lorman Education Seminars, 2003; "An Architectural Critique of AIA Standard Form Agreement," AIA North Carolina, 1995.

Hourly Rate: $450.00 Daily Rate: Not provided Study Rate: $450.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: No charge for travel after-hours to attend the next morning. No charge for first two hours of travel conducted between 9:00 am and 5:00 pm

English

United States of America

Summerfield, North Carolina