Mediator Resume

Have been a trial attorney for 40 years. Have handled a wide variety of cases for public and private companies of all sizes, as well as individual business owners, executives, professionals, and other individuals, in courts and arbitration proceedings throughout Michigan and over a dozen other states. In total, have litigated over 1,000 cases, mediated over 1,200 disputes, and served as an arbitrator in well over 100 cases. Have received the highest rankings from peers for ability as a trial attorney, mediator, and arbitrator.

Butzel Long, P.C. – Partner (Managing Member of the Grand Rapids Office and Co-Chair of the Mediation and Arbitration Specialty Team)

Attorney, Mediator, and Arbitrator

Shareholder/ Managing Member, Butzel Long, P.C., 2023-Present; Founding Member, Silver & Van Essen, P.C., 2000-2023; Co-Founding Member, Buchanan, Silver & Beckering, PLC, 1995-2000; Partner, Buchanan & Bos, 1992-1995; Partner and Associate, Clary Nantz Wood Hoffius Rankin & Cooper, 1984-1992.

Forty years of experience as a trial lawyer. Areas of expertise include breach of contract cases, construction litigation, labor and employment litigation, shareholder and partnership disputes, supply chain disputes, fraud, breach of fiduciary duty, covenants not to compete, trade secrets litigation, business torts, defamation, real estate disputes, liability of corporate officers and directors, RICO, lender liability, insurance coverage disputes, commission disputes, and professional malpractice claims involving attorneys, accountants, design professionals, investment advisors, and others. Representative clients range from Fortune 500 companies, financial institutions, manufacturers, and a wide variety of closely-held companies of all sizes to individual business owners, shareholders, executives, employees, attorneys, doctors, and accountants, in state and federal courts throughout Michigan and well over a dozen other states in all types of commercial cases ranging in value from $100,000 to $100 million. Listed in "Best Lawyers in America" for Commercial Litigation every year since 2012, Bet-The-Company Litigation (2023-2025), Arbitration (2024 and 2025), Mediation 2012-2025), Construction Litigation (2025), Construction Law (2025), Labor and Employment Litigation (2025), and Product Liability Litigation (2025); Named as a Michigan Super Lawyer every year since 2007 including being named by Super Lawyers as one of the top 10 attorneys in Michigan in 2024 and one of the top 100 attorneys in Michigan in 2021, 2022, and 2023; AV rated by Martindale-Hubbell every year since 1997; Selected for inclusion in "Leading Lawyers" for Commercial Litigation and ADR law; Selected as a Fellow in "Litigation Counsel of America"; Member, Million Dollar Advocates Forum; Selected as a faculty member for the Hillman Advocacy Program; Fellow, American Bar Foundation; Selected as a member of the Board of Directors of the International Society of Primerus Law Firms. Have litigated over 1,000 cases, mediated over 1,200 disputes, and served as an arbitrator in well over 100 matters.

Have successfully mediated well over 1,200 cases throughout Michigan and nationally. One of only three Mediators in Michigan to be selected as a Fellow of the American College of Civil Trial Mediators and have also been selected as a member of the American Arbitration Association's prestigious Master Mediator Panel which is comprised of AAA's top Mediator's as rated by attorneys that handle large complex disputes. Have also been selected as a member of the National Academy of Distinguished Neutrals, have been listed in Best Lawyers in America for mediation every year since 2012, and have been named by Best Lawyers in America as the Lawyer of the Year for Mediation in 2021 and 2024 in Grand Rapids.

Have mediated over 1,200 cases involving almost every type of dispute imaginable. The types of cases I have successfully mediated include, breach of contract cases; employment disputes of every type; construction cases; shareholder and partnership disputes; supply chain disputes, insurance coverage disputes, class actions, business torts, including fraud, breach of fiduciary duty, and tortious interference; professional negligence claims involving attorneys, physicians, accountants, design professionals, and investment advisors; severance disputes; securities violations; non-compete and non-solicitation cases; misappropriation of confidential information and/or trade secrets; ERISA claims; UCC Article II cases; environmental cases; civil rights cases; antitrust cases; whistleblower and False Claims Act cases; sex abuse cases; intellectual property disputes including alleged patent, trademark, and copyright violations; preference claims and adversary proceedings in cases pending in Bankruptcy Court; will contests; personal injury claims; and product liability cases.

My overall view of the mediation process is that it is far and away the most effective process for getting cases settled. This is borne out by the fact that almost 90% of the cases I mediate settle as a result of the mediation. I approach every matter I mediate fully prepared, and am known for my tenacity and ability to settle difficult cases by never giving up and believing that every case can settle. My view of the mediator's role is to not only let the parties and their attorneys know that they have been listened to and that their positions and arguments have been considered, but to make sure both sides have a thorough understanding of the claims, defenses, and arguments of their opponent and most importantly, a full appreciation of their own risks and vulnerabilities. In other words, a good mediator must be able to persuade people that they have more risk than perhaps they thought and that it is in their best interests to compromise more than they thought they would coming into the mediation. To carry out that role, a mediator must undertake a detailed review of all of the written material and be thoroughly prepared, must earn the respect of the parties and their counsel, must be able to develop trust and rapport with both sides, and must have the ability to get movement by persuading the parties that a settlement is in their best interests. This requires that the mediator be willing and able to have a candid discussion with the parties about the merits of their position. A good mediator must also have an open mind, be a good listener, have a great deal of patience, and a temperament that allows people to feel confident that they are being heard. Additionally, a mediator must be persistent and must never give up or throw in the towel on a mediation. As long as the parties are still at the table and are talking, anything can happen. Likewise, if the mediation session does not produce a settlement, it is critical that the mediator not give up. Rather, the mediator must follow-up with counsel for the parties and continue to help the parties find a path to settlement. Finally, an effective mediator must be skilled at helping the parties break through impasse. Obviously, this is not possible in every case, but it can be done in many cases by mediators who have experience using techniques that have proven successful. I do not typically hold joint sessions with counsel and the parties, but spend my time going back and forth meeting privately with each side. However, under the right circumstances, there may be a point in the mediation where I meet with just the attorneys for the parties. Occasionally, I may get the principals of the parties together to meet with me in my office without attorneys present, but will only do so if I think it will be helpful and if the principals and their attorneys are comfortable with the idea. As a trial lawyer with 40 years of experience who has litigated over 1,000 cases, mediated over 1,200 disputes, served as an arbitrator in over 100 matters, and earned the highest ranking from my peers, I feel I am uniquely qualified to analyze a case and help the parties reach a settlement.

Indiana University (JD-1984); University of Redlands (BA-1981).

Admitted to the Bar: Michigan (1984); U.S. District Court: Western (1984) and Eastern (1996) Districts of Michigan, Northern District of Illinois (2000); U.S. Court of Appeals, Sixth Circuit (1984).

State Bar of Michigan; American Trial Lawyers Association; Michigan Trial Lawyers Association; American Bar Association (Forum on the Construction Industry; Litigation Section, ADR Section, Business Section, and Business Torts Subcommittee); Grand Rapids Bar Association (former Bench/Bar Committee Chair and past member of the Judicial Evaluation, Finance, and Court Liaison Committees); American College of Civil Trial Mediators; National Association of Distinguished Neutrals; Current Co-Chair, VFM /ADR Advisory Committee for the United States District Court for the Western District of Michigan.

"Lender Liability: In Search of Good Faith and Fair Dealing," THE MICHIGAN BUSINESS LAW JOURNAL, vol. XI, issue 3, July 1988.

Parties will not be charged for travel expenses within the Grand Rapids area or within 30 miles of Grand Rapids.

Hourly Rate: $750.00 Daily Rate: Not provided Study Rate: $750.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: Mileage will not be charged. However, all other actual travel expenses will be billed, including airfare, hotel, meals, and ground transportation.

English

United States of America

Grand Rapids, Michigan