Mediator Resume

Thirty years as a trial lawyer in commercial, professional liability and real estate matters. Almost 10 years on the Maricopa County Superior Court bench, with five of those years being on the Commercial Court. While on the Commercial Court, was the "go to" settlement conference judge, being asked by colleagues to help resolve the most complicated and difficult matters. Was on the American Arbitration Association commercial panel before joining the bench. Retired from the bench in 2023 and now devotes full time practice to ADR. Member of the National Academy of Distinguished Neutrals.

Aiken Thomason ADR

Attorney, Mediator, Arbitrator, Special Master

Aiken Thomason ADR, 2023-Present; Judge, Maricopa County Superior Court, 2014-2023; Partner, Mariscal Weeks McIntyre & Friedlander (now Dickinson Wright), 2001-2014; Partner/Associate, Streich Lang Weeks & Cardon, 1984-2001.

Retired from the Maricopa County Superior Court bench in 2023, after serving almost 10 years on the bench and five years on the Commercial Court. The “normal” caseload on the Commercial Court consisted of complex commercial and professional liability disputes. In addition to the normal caseload, conducted dozens of settlement conferences on cases handled by other judges. Most of these cases were difficult matters, where the lawyers requested a sitting judge to try to resolve the case. Settled the vast majority of those cases. Prior to time on the bench, was one of the most active trial lawyers in Phoenix, during a 30-year career. Started at Streich Lang (now Quarles & Brady) in 1984 and moved to Mariscal Weeks (now Dickinson Wright) in 2001. Tried dozens of cases in state and federal courts and in arbitration tribunals. Practice consisted primarily of legal malpractice defense, high exposure and complex tort claims, real estate disputes, and commercial cases. Fellow in the prestigious American College of Trial Lawyers. As a trial lawyer, participated in hundreds of mediations, with dozens of mediators. Also arbitrated dozens of cases. Spent over 15 years as a Superior Court Judge Pro Tem. Conducted dozens of settlement conferences as a Judge Pro Tem, the vast majority of which resulted in settlements. As a Judge Pro Tem and a full-time sitting judge, conducted over 200 settlement conferences. REAL ESTATE DISPUTES A large part of the law practice consisted of real estate disputes. Did work for numerous title companies, including Fidelity, First American and Commonwealth. Was involved in almost every type of real estate dispute imaginable, from adverse possession claims, boundary disputes, title disputes, title claims, condominium disputes, real estate development issues, condemnations, easement disputes, foreclosures, lease disputes, land use issues and mineral and water rights disputes. As a Judge, handled several complex real estate cases and conducted multiple settlement conferences involving real estate disputes. PROFESSIONAL LIABILITY Another large part of the law practice consisted of professional liability claims. Most of the cases were legal and accounting malpractice cases. Also handled medical malpractice and real estate and insurance agent malpractice cases. Took several professional liability cases to trial. As a Judge, presided over numerous complex professional liability cases. Also conducted several settlement conferences on professional liability cases involving legal malpractice and medical malpractice. COMMERCIAL DISPUTES Handled a large amount of complex, commercial cases, taking several to trial. As a Judge, served for five years on the Commercial Court, overseeing primarily complex commercial cases. Also conducted settlement conferences on numerous complex commercial disputes. TORTS A smaller part of the law practice consisted of general tort cases, including negligence, wrongful death, defamation, product liability and punitive damages cases. Also presided over numerous high exposure and complex tort matters and conducted settlement conferences on numerous such cases. PROBATE As a lawyer, also handled numerous probate litigation matters. Conducted settlement conferences on probate related matters. EMPLOYMENT DISPUTES Presided over, and held settlement conferences, on numerous employment disputes.

As a trial lawyer, participated in hundreds of mediations, with dozens of mediators.

The parties are encouraged to provide confidential supplements to their materials and to be candid with the mediator; opening separate sessions with the parties to give the clients the chance to talk and to discuss the issues with counsel; encourage opening offers and demands that are realistic; also encourage meaningful and measured moves after the opening offers; push hard at the end to push it over the finish line; will frequently make a mediator’s proposal if the parties are not able to agree on a final number.

Zoom; Microsoft Teams. Remote hearings available.

University of Iowa (J.D., with highest distinction, Order of the Coif-1984); Creighton University (B.A., summa cum laude-1981).

Admitted to the Bar: Arizona (1984); U.S. District Court, District of Arizona (1984); U.S. Court of Appeals, Ninth Circuit (1996).

State Bar of Arizona; National Academy of Distinguished Neutrals; American College of Trial Lawyers, fellow; Litigation Counsel of American, fellow.

The Phoenix area.

Hourly Rate: $600.00 Daily Rate: Not provided Study Rate: $600.00/hr Cancellation: $600.00/hr Cancellation Period: 10 Days Comment: If the parties cancel the mediation session within 10 days before the session date, the parties owe the full amount of the arbitrator’s compensation for the session (8 hours).

English

United States of America

Phoenix, Arizona