Mediator Resume

Kitch Attorneys & Counselors P.C. - Principal

Attorney

Principal, Kitch Attorneys Counselors PC (formerly Kitch Drutchas Wagner Valitutti & Sherbrook), 1990-Present; Associate, Stephen M. Landau P.C., 1987-1990; Associate, Kitch Saurbier Drutchas Wagner & Kenney P.C., 1986-1987.

Seventy-five percent (75%) of practice devoted to construction-related matters including dispute avoidance and resolution, counseling and contract drafting, representing public, health care and educational institutions as well as private owners, designers, general contractors and trade contractors; (15%) commercial litigation including antitrust and health care; (10%) general practice. Handled disputes with claims valued in excess of $150 million involving product defect, contract interpretation and performance, productivity acceleration, and payment issues including liens and bond claims. Claims include athletic facilities, multi-family and student housing projects, academic and laboratory buildings, commercial buildings, health care facilities and power generation facilities.

Mediated cases by party selection and court appointment involving multi-party claims involving developers, contractors, designers, suppliers, manufacturers, insurers, government agencies and community groups [such as libraries and foundations] for disputes that were presuit/pre-arbitration as well as those pending in the state and federal courts and before tribunals. Cases have included contract performance disputes, design and construction defects, insurance coverage on property, professional and general liability policies, educational facilities, athletic facilities, multiple lien foreclosures on multi-family housing, condominium developments, boundary disputes, real estate syndication and limited partnership issues, nonprofit board issues, marijuana processing and grow facilities, and prisoner rights matters.

Construction contract performance and interpretation, lien foreclosure and priority, financing, payment disputes, allocation of losses and responsibility for events experienced on project and adjacent properties, design and construction defects, insurance coverage, condominium developments, boundary disputes, real estate syndication and limited partnership issues, nonprofit board issues, prisoner rights matters.

Upon selection, we convene a pre-mediation conference to address schedule issues as well as format for the mediation, whether virtual or in person. The pre-mediation conference also addresses exchange of submissions and format for the mediation session, including discussion about whether an extended joint session is productive in addition to substantive issues identified on the agenda provided to the parties prior to the conference. The parties are expected to identify the information needed to ensure that the mediation session has the greatest likelihood of success. The mediator provides observations and guidance to assist the parties in reaching the conclusion that is most acceptable to the parties. The parties are asked to exchange summaries in advance of the session, and the mediator will try to contact parties prior to the session to gather additional insight that may be helpful to the mediation process. The mediator does not impose, instruct, or decide, but rather questions, encourages, and challenges. The mediation should not conclude without either a settlement agreement or term sheet, or a plan to continue communication in some manner and form toward possible resolution.

Has handled various matters using Zoom and other formats and platforms in addition to in person sessions. Has also conducted hybrid sessions with some parties virtual and some in person on location. Successfully completed Clearbrief Academy, June 2025.

Drake University Law School (JD-1986); Drake University School of Journalism (MA-1986); Loyola University of Chicago (AB-1983).

Admitted to the Bar: Michigan (1986); Iowa (1986-inactive).

State Bar of Michigan (Insurance and Indemnity Council, Alternative Dispute Resolution Council); Catholic Lawyers Society; Associated General Contractors (Detroit Chapter, Legal Advisory Committee); Construction Association of Michigan; Building Owners and Managers Association of Metropolitan Detroit (Government Affairs Committee); Detroit Bar Association (Pro Bono Committee, ADR Committee); Federal Bar Association of the EDMI (Civic Outreach and Law Day Committees); Defense Research Institute (Construction Committee, Alternative Dispute Resolution Committee); Construction Owners Association of America (Counsel); Engineering Society of Detroit (Construction & Design Committee); National Association of Construction Auditors (Advisory Committee).

Sier, Walker, eds., State-By-State Guide to Architect, Engineer, and Contractor Licensing, 2nd ed., [also drafted Michigan Chapter] New York, NY, Wolters Kluwer Law & Business, 2013-2026; "What to Wear to a Hot Tub in Mediation (Concurrent Expert Presentations), seminar for the National Association of Construction Auditors National Conference, Nashville, Tennessee, September 10, 2025; "Litigating Boundary Disputes," presentation with Hon. Timothy Wrathell and Chris Beland for the Real Property Law Section of the State Bar of Michigan, Thompsonville, Michigan, August 8, 2025; "Is the Bad Guy in the Mirror? An Historic Approach to Problem-Solving and Dispute Resolution," presentation with Jack Mumma for the Construction Owners Association of America, Atlanta, Georgia, November 20, 2024; "Prompt Payment Legislation in Michigan," roundtable discussion for State Bar of Michigan Real Property Law Section Summer Conference, Traverse City, Michigan, July 19 and 20, 2024; "How to Read and Understand a Property and Casualty Insurance Policy," presentation with Michael Hale for Institute for Continuing Legal Education, Ann Arbor, Michigan June 12, 2023; "Contractual Liability Issues-Public & Private Sector Contracts," presentation for the CPCU Society Greater Detroit Chapter and RIMS Risk Management Society, Livonia, Michigan, January 10, 2023; "Protocols, Standards and Recommended Practices for Delay and Productivity Analysis [AACE, SCL, ASCE approaches]," presentation to Defense Research Institute, Construction Committee conference, Austin, Texas, January 27, 2022; "Developing Standards for Quantifying and Analyzing Productivity Claims and the Impact on Construction Auditors," webinar presentation for the National Association of Construction Auditors, December 17, 2021; "Integrated Project Delivery Practice and Issues," panel discussion with Katie Johnson, Reid Tucker, David Kelly, Robert Stevenson and Jack Mumma for Project Management Institute, Great Lakes Chapter and AIA Michigan, June 29, 2021; “Critical Path Method and Last Planner ® System: Different Sides of the Same Analytical Coin,” THE CRITICAL PATH, newsletter for Defense Research Institute Construction Law Committee, Volume 18, Issue 2, July 17, 2014; “The Impact of Integrated Project Delivery on Insuring Project Risks,” OWNER’S PERSPECTIVE magazine published by Construction Owners Association of America, co-author with John Hurley of Marsh, Spring 2011.

Hearing locations within 50 miles of the City of Detroit.

Hourly Rate: $450.00 Daily Rate: Not provided Study Rate: $450.00/hr Cancellation: $1,350.00/Day Cancellation Period: 1 Days Comment: The cancellation fee may be waived for good cause on the cancellation with less than 1 day's notice.

English

United States of America

Detroit, Michigan