Mediator Resume

Principal - Rakowsky Mediation

Mediator, ADR Consultant, Conflict Coach, Trainer on Mediations

Mediator, Dispute Resolution Consultant, Arbitrator, 2008 - Present and part time from 1990-2008; Executive Director, Legal Advice and Referral Center (now 603 Legal Aid), 2009 - 2016; Shareholder/Director/Attorney, Orr & Reno P.A., 1981 - 2008.

Current: dispute resolution practice as Principal at Rakowsky Mediation. Shareholder/Director/Attorney at Orr & Reno, PA, 1981-2009. Executive Director of Legal Advice and Referral Center (now 603 Legal Aid), 2009-2016. Decades of experience in private practice in a respected, competitive firm informs dispute resolution work. There, the concentration was on general business, debtor/creditor, insolvency and real estate. In that capacity the goal was to help the party's problem-solve to avoid or resolve expensive litigated disputes. Specifically, see the following 4 categories generally. In my Business practice I provided strategic and transaction-specific support to senior management of private companies from inception through growth and expansion in a variety of industries. My work included the areas of employment, mergers and acquisitions, dissolutions and separations of owners, succession planning, contract, and franchise matters. Practice included counseling for administrative agency assistance and regulatory matters for banking, alternative energy and utilities. Debtor/Creditor practice providing counsel to institutions, banks and individuals for secured and unsecured debt, intercreditor arrangements, equitable subordinations, lender liability and other claims related to equity and debt. Planning and implementation of restructurings and workouts for lenders and borrowers. Bankruptcy and insolvency practice primarily in chapter 11 matters as counsel to debtors and creditors of secured and unsecured claims. Representative mattes included contested plan confirmations, trustee claims, preferences, fraudulent conveyances, employment, lease, contract and stay matters. Honored to have been an Appointed Member twice to the Merit Selection Panels for the U.S. Bankruptcy Judge for the District of New Hampshire, 1993 and 1997. Real Estate practice, providing counsel to developers, businesses, title insurance companies and individuals generally for easements sales and acquisitions, title disputes, for access, conservation, flowage, light, railroad and utilities, among others. Further details of representative matters upon request. Responsible for the financial and management of a statewide legal aid program, serving more than 1500 clients annually with less than a dozen staff and volunteers is challenging, especially with the reporting and oversight that accompanies federal funding. Such responsibility was a good instructor for having to implement business operations advice rather than just doling out advice. Accomplishments during the 7 years included: Caused more than 200% increase in the number of clients served without sacrificing quality and without additional funding, increased legal educational tenfold, guided organization through two successful federal programs and financial audits, Diversified funding sources and avoided layoffs when funder made deep cuts, and Implemented staff COLA and parity raises while reducing non-labor expenses. Duties included: Financial management, including A-133 audit and tax filings, Apply, comply, and report on federal and other grants, Evaluate and modify operations to improve client services, Collaborate with the courts, and stakeholders, Lead strategic planning, Supervise, hire and evaluate staff, contract employees and volunteers, and Manage fundraising.

The most common subject matters mediated over the past 5 years include: Real Property (commercial and residential, partition, quiet title, purchase and sales, easements for use, conservation, flowage, utilities, family compound disputes). Commercial (contract, dissolution, partnership, business opportunity, trade secrets, license), Employment (termination, employment contract, non-compete agreements), Debtor/Creditor (business and consumer, intercreditor, foreclosure, guarantor, bankruptcy), and Probate (trust, will and intestacy disputes, guardianship, accounting, fraud, no contest, fiduciary duty, charitable trusts, care of elders and their assets). The subject matters with the greatest number of cases are Real Property and Probate. In both areas multiple parties and counsel are involved, complicating solution-finding as all parties and counsel seek to be heard and a role in the resolution.

The most common subject matters mediated over the past 10 years include: Real Property (commercial and residential, partition, quiet title, purchase and sales, easements for use, conservation, flowage, utilities, family compound disputes). Commercial (contract, dissolution, partnership, business opportunity, trade secrets, license), Employment (termination, employment contract, non-compete agreements), Debtor/Creditor (business and consumer, intercreditor, foreclosure, guarantor, bankruptcy), and Probate (trust, will and intestacy disputes, guardianship, accounting, fraud, no contest, fiduciary duty, charitable trusts, care of elders and their assets). Note that the subject matters with the greatest number of cases are Real Property and Probate. In both areas multiple parties and counsel are involved, complicating solution-finding as all parties and counsel seek to be heard and a role in the resolution.

Best practices for mediation in these high conflict times are to involve the parties and their counsel early in the process, focus on interests as opposed to positions, be direct but gentle about case weaknesses and risks of no resolution, and above all, be trustworthy. Involving the participants early. Religiously introducing the mindset of solution-finding early in the mediator's involvement substantially improves the likelihood of a settlement. I require all participants' involvement before the actual day of mediation by imposing mediation summary deadlines early and calls with counsel and then the client early enough to improve focus on problem solving. I also encourage sharing summaries with the other side/s to improve understanding of one another. With the pre-session confidential calls with counsel first, followed 15-30 minutes later by the client/s joining the call or zoom. During the mediator/counsel confidential call, legal concepts can be discussed without apology to the client, and an honest assessment of the likelihood of success, risk areas, personal relationships of the parties, and client complications are discussed. Counsel can provide advice to the mediator about counsel's views of the best communication modes that work for the client as well. When the client joins the call, trust building is key, and your mediator helps build trust by unqualified listening. Considering different solutions and negotiation strategy is discussed and a best practice is to encourage these topics to continue between client and counsel before the mediation occurs. Focus on Interests versus positions. Counsel and clients will hammer positions in the mediation all day long, but that path slows progress toward a settlement. Instead, best practices are to focus on parties' true reason for the dispute. Depending on the relationships of the parties, often participants only want to share their true interests in separate caucus. This comfort level can be learned at the pre-session call. Discussing Weakness and Risks. Naturally the mediator must consider when case weaknesses will be discussed without breaching confidential disclosures and encouraging movement toward settlement. Unless the participants have already disclosed the risks and/or weaknesses in public session, these topics are best discussed in private caucus. Better mediators discuss the risks of litigation, along with the statement that experienced and capable lawyers cannot guarantee results because that's not the way the system works. With this statement, lawyers' advice is honored while exposing litigation risks generally. Be trustworthy. Deep experience practicing law building a reputation for competence and integrity serves as a launchpad for this goal. Trust can be easily lost with a lack of kindness, respect for the parties, process and counsel, every mediator has learned. Every mediation is a new learning experience as no two mediations are alike.

Zoom proficient.

Various dispute resolution trainings since 1990's, including 40-hour and full day trainings with certificates from Jams/Endispute 1995, AAA various, Mediation Works, Inc., Hess Gehris Solutions, American Bankruptcy Institute, Leonard Riskin, David Hoffman at Boston Law Collaborative, American Bar Association, UNH Law School, Federal and NH Court Systems, Hugh Carey Law School, ALI/ABA, DRI, and many others. Further details upon request. Chicago-Kent College of Law, Illinois Institute of Technology (J.D. - 1981); Northwestern University (B.A - 1974).

Admitted to the Bar: New Hampshire (1981); US District Court: District of New Hampshire (1981); US Bankruptcy Court, District of New Hampshire (1981).

National Academy of Distinguished Neutrals, New Hampshire, by nomination; Member, Maine Association of Mediators; Appointed Member, Access to Justice Commission 2010-Present; Member, NH Bar Association; Member, NH Women's Bar Association.

Presenter in the following: Presenter at Maine Association of Mediators Annual Member Meeting: Best Practices for Mediation Session Preparation; Success comes when preparation meets opportunity, 2024. Guest Presenter and coach for multiple University of Maine Mediation Practicum Courses, 2023, 2024. Multiple sessions of coaching and training new mediators for USDA Agricultural Mediations, Family & Community Mediation in Maine, 2020, and 2021.

No charge if location is within one travel hour each way of Neutral's office location.

Hourly Rate: Not provided Daily Rate: $4,000.00 Study Rate: Not provided Cancellation: $500.00/Day Cancellation Period: 10 Days Comment:

English

United States of America

Eliot, Maine