Mediator Resume

James C. Munson - Sole Practitioner

Independent Arbitrator/Mediator 2008-Present; Partner (1975-2008)/Associate (1970-1975), Kirkland & Ellis, 1970-2008; Law Clerk, U.S. District Court Eastern District of Wisconsin, 1969-1970.

Thirty three years Kirkland & Ellis litigation partner in Chicago office. Lead trial and appellate counsel in trials, appeals, administrative proceedings, arbitrations and mediations across the country. Cases included securities, contract, fraud, product liability, mass tort, transactional and constitutional cases. Industries included: banking; accounting; financial services; energy; insurance; healthcare; print media; broadcasting; real estate; transportation, employment; professional sports; dairy; manufacturing; and private equity. Represented defendants, plaintiffs, companies, and individuals. Experienced trial lawyer before juries, judges, arbitration panels, and mediators. Fifteen years as arbitrator, usually chair or sole, in over 70 arbitrations. On AAA Large Complex Case and Healthcare panels. Cases included financial services, health care, insurance, energy, information technology, and employment. Authored many final awards and numerous interim orders on discovery, attorneys' fees and costs, limitations, evidence, choice of law, and other issues. Focus is on cost reduction, prompt fair dispute resolution, and responsive, efficient case management coupled with direct, well reasoned rulings. Mediator in a dozen cases with 50% settlement rate. Broad experience enables outcome and risk analysis that assist reaching agreed solutions. Facilitative and evaluative techniques both used as appropriate. Cases included health care, municipal service contracts, agricultural processing, franchising and financial services.

Mediator for fifteen years in: payor/provider health care insurance dispute; major municipality dispute with service provider; dispute between major agricultural product producer and product processing contractor; claim concerning sales and accounting consulting contract; trading loss case; two separate investment advisor disputes; consumer loan claim; physical therapy claims case; and franchisor/franchisee dispute. Hearing officer in Illinois Department of Insurance contested takeover and mediated settlement among acquiring company, target, target shareholders and Insurance Department.

Issues have included: the accounting and financial condition of acquiring and target company; transaction's economic impact on shareholders of target company; oral contract; part performance; events of termination; estoppel; cost allocation practices; industry practice; trademark; events of contract activation; inventory valuation; payment advances; and predecessor contracts.

Mediation to achieve early resolution and avoid the cost and uncertainty of litigation involves: identifying the most important issues; providing the principals a forum to express their views; looking for hidden issues and unseen opportunities for win-win resolution; identifying solutions and end points; evaluating claims and defenses; and breaking impasses by suggesting resolutions. The mediator must be flexible and adapt to the particular circumstances and issues of each individual dispute and custom make a process to best resolve the specific dispute at issue. Pre-mediation briefs are submitted to make the mediation itself most efficient. Joint sessions and separate caucuses are both used as appropriate.

University of Wisconsin (J.D. - 1969); Yale University (B.A. - 1966).

Admitted to the Bar: Illinois (1971); U.S. District Court: Northern District of Illinois; U.S. Court of Appeals: Second, Seventh, Eighth, and Tenth Circuits; U.S. Supreme Court.

American Bar Association (Sections of Litigation and Dispute Resolution); Seventh Circuit Bar Association; Co-chair Intellectual Property Law Association of Chicago ADR committee, 2017-2019.

Chicago metropolitan area.

Hourly Rate: $700.00 Daily Rate: Not provided Study Rate: $700.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment:

English

United States of America

Chicago, Illinois