Mediator Resume

Semi-Retired arbitrator and mediator combines strong technical and engineering background with executive-level business experience to navigate complex technical and commercial issues, assess credibility of expert testimony, evaluate engineering analyses and construction methods and defects. Attorney with dual engineering degrees in Mechanical Engineering and Civil Engineering. Founding partner in commercial law firm focused on business transactions, technology licensing and implementation, construction law, and commercial litigation. Ten years' experience as chief executive officer and general counsel of high-technology specialty engineering design firm for Fortune 500 manufacturing and telecommunications clients.

Jerome F. Rock, J.D. - Full Time Arbitrator and Mediator

Arbitrator, Mediator, Attorney; Engineer, Former Business Executive

Arbitrator/Mediator, Jerome F. Rock PC, 1977 - Present; Vice President/General Counsel, Bulldog Boiler Rentals LLC, 2001 - 2009; President/General Counsel, Building Technology Associates Inc., 1991 - 2001; Senior Partner and Founding Shareholder, Jacob & Weingarten, Rock & Sherbow, 1977 - 1991; Engineer/Assistant Legal Counsel, Southeastern Michigan Transportation Authority, 1973 - 1977.

Litigation practice spanning five decades focused on complex commercial transactions, technology licensing and implementation, engineering professional services, and construction disputes where technical expertise intersects with legal analysis. Specialized experience resolving building systems failures and construction defects involving Mechanical, Electrical, Plumbing (MEP) systems, Heating, Ventilation, Air Conditioning (HVAC) equipment and controls, mechanical and electronic building automation systems, wood and steel structural framing, insulation and thermal performance, moisture intrusion and waterproofing assemblies, low-slope roof membranes, standing seam metal roofing, curtain wall systems, window and glazing installations, and concrete and asphalt paving. Represented diverse stakeholders including project owners, real estate developers, general contractors, construction managers, architects, engineers, specialty subcontractors, material suppliers, sureties, and insurance carriers in disputes involving breach of contract, contested change orders, delay and productivity disruption claims, construction lien foreclosure, surety bond claims on payment and performance bonds, building system failures and latent defects, product defect and manufacturer warranty claims, and design professional liability allegations against architects and engineers. Commercial law practice encompassed entity formation, corporate finance, securities compliance, mergers and acquisitions, and transactional work for businesses in residential and commercial construction, specialty construction services, electronic component manufacturing, machine vision and automation technology, custom software development, and publicly traded limited partnerships in real estate development and oil and gas exploration. Project experience across diverse sectors including manufacturing facilities, institutional educational campuses, industrial processing plants, electric utility transmission infrastructure, nuclear power generation facilities, commercial airports and baggage handling systems, highway and bridge infrastructure, mass transit systems, and federal, state, and local government contracting. Served 10 years as President and General Counsel of specialty engineering design firm providing program management and computer based simulation models that evaluated repair versus replacement alternatives for defective building components, preparing capital budgets and maintenance schedules based on return on investment (ROI) analysis and lifecycle cost optimization for national manufacturing, telecommunications, and public utility clients for building components including low-slope roofing membranes, exterior wall assemblies, window systems, interior finishes, paving and hardscapes, plumbing distribution systems, HVAC equipment and ductwork, and primary electrical distribution systems. Developed computer-based prequalification systems, electronic bid submission platforms, and quality assurance programs for annual construction budgets exceeding $500 million. Developed and administered performance-based warranty programs for building product manufacturers, including roof membrane manufacturers and roofing material suppliers, and directed owner warranty claim prosecution for defective building products involving material failures, manufacturing defects, and installation errors. Negotiated and drafted software development agreements, research and development contracts, joint venture arrangements, and teaming agreements with national engineering and construction firms. Served as Engineer and Assistant General Counsel to Southeastern Michigan Transportation Authority, developing requests for proposals (RFPs) and evaluating competitive bids for preliminary engineering studies, alternatives analysis, and environmental impact assessments for mass transit infrastructure.

National practice as mediator resolving commercial, engineering, technology, and construction industry disputes emphasizing complex matters where technical and engineering background combined with business executive experience is necessary to understand multilayered issues and facilitate informed settlement negotiations. Industry sectors include higher education institutions (public colleges and universities), municipalities and government agencies, wastewater treatment and water supply utilities, electric power generation and transmission utilities including nuclear power facilities, engineering and professional service firms, commercial and industrial real estate development, manufacturing operations, architecture and engineering professional practices, general contracting and construction management, high technology including industrial automation, robotics, machine vision systems, information technology infrastructure, Building Information Modeling (BIM) implementation, Enterprise Application Software systems, and custom software development. Acts as strong process leader to design aspects of the mediation to best suit the needs of the parties. Experienced in Early Case Mediation and Early Dispute Resolution (EDR)process and engages parties in advance of the formal hearing to coordinate the exchange of necessary information, focus the issues, support litigation risk assessment as foundation for the Mediation Hearing. Experienced in multi-phase mediation where the initial stage is set for exchange of information by project level personnel setting the stage for negotiation by executive decision makers. Experience mediating construction defects including Insulated Concrete Form (ICF) building systems and manufactured building systems involving thermal performance failures and moisture intrusion, and pre-stressed and post-tensioned concrete structural systems involving cracking, deflection, and corrosion of tensioning systems. Mediated multi-party construction defect in green roofing system involving designer, material supplier and installation contractor and using jointly retained independent expert to guide remediation effort. Acted in role of sole neutral in Med-Arb process involving multiple construction defects in industrial construction project involving multiple jointly retained technical experts in geotechnical and moisture/waterproofing fields. Active mediator since 2002, having mediated over 1,000 disputes. Certified General Civil Case Mediator for State of Michigan. Approved mediator for United States District Court, Eastern District of Michigan. Member of Michigan Business Court Panel of Approved Neutrals and Business Court Case Evaluation Panel.

Disputes among owners, developers, general contractors, construction managers, subcontractors, specialty trade contractors, architects, structural engineers, MEP engineers, and sureties involving breach of construction contracts, scope changes and design modifications, contract interpretation disagreements, and allocation of responsibility for unanticipated site conditions. Change order disputes involving contested extras claimed by contractors, owner refusal to approve change orders, disagreements over pricing of changes, constructive change order claims for scope creep, and cardinal change allegations. Delay claim disputes including critical path schedule analysis, concurrent delay allocation, weather delay claims, owner-caused delay, and contractor inefficiency versus excusable delay determinations. Calculation of extended general conditions, extended overhead costs, escalation costs, and delay damages including liquidated damages assessment and consequential damages claims. Cost overrun disputes in guaranteed maximum price (GMP) contracts, disputes over allowance items and unit price work, and allocation of responsibility for budget overruns. Construction defect disputes involving building system failures in MEP systems, HVAC equipment and controls, waterproofing assemblies and moisture intrusion, roofing membrane failures, exterior wall and window leakage, structural deficiencies, concrete placement defects, and site drainage and paving failures. Warranty disputes over defective workmanship, material failures, equipment performance not meeting specifications, and disputes between contractors and subcontractors or suppliers over warranty obligations and repair cost allocation. Design defect disputes involving architect and engineer professional liability claims, deficient design documents, constructability issues, coordination failures between architectural and engineering disciplines, and inadequate design specifications. Disputes involving performance-based contracting for energy systems, energy savings guarantee failures, commissioning disputes for HVAC and building automation systems, and measurement and verification disagreements over actual energy savings achieved. Surety bond claim mediations involving payment bond claims by unpaid subcontractors and suppliers, performance bond claims following contractor default, disputes over surety takeover of projects, and allocation of completion costs and delay damages. Mediated complex multi-party dispute involving baggage handling system installation in operating airport between field contractor and prime contractor, addressing deficiencies and inaccuracies in Building Information Modeling (BIM) documentation, incorrect interpretation and application of BIM models on project, and coordination failures among multiple trade contractors working in congested airport terminal environment. Breach of contract disputes involving non-performance, delayed performance, defective performance not meeting specifications, and contract interpretation disagreements over scope, payment terms, change order provisions, and termination rights. Enterprise Application Software(EAS),Enterprise Resource Planning(ERP) Software as a Service(SaaS)implementation disputes involving failed software implementations, data migration failures causing operational disruption, scope creep and change order disputes, allegations of vendor misrepresentation during sales process, inadequate functional requirements definition, deficient project management by consulting firms, failure to integrate with legacy systems, missed implementation deadlines, and cost overruns substantially exceeding budgets. Software licensing disputes involving license scope interpretation, maintenance and support obligation disputes.

Trained mediator fulfills multiple valuable roles designed to facilitate settlement: designing mediation processes customized to address unique needs of each dispute; making attorneys full partners in the mediation process while preserving their advocacy role; giving principals opportunity to hear and understand opposing positions without obligation to accept them, thereby allowing assessment of strengths, weaknesses, and litigation risks; establishing problem-solving environment focused on developing creative yet practical settlement options that might not be available through judicial resolution; and when appropriate, preserving or minimizing damage to existing or prospective business relationships between parties. Function as former business executive, engineer, construction attorney, and trained neutral comfortable with complicated business and technical subject matter, able to quickly grasp complex issues and lead mediation as business case exercise. Success as mediator attributed to problem-solver approach, finding creative options and strategies leading to resolution. Process begins with Pre-Hearing Conferences conducted separately with each side prior to joint session, allowing understanding of each party's perspective, interests, underlying business objectives, and litigation risk tolerance while identifying potential settlement structures and overcoming obstacles to resolution. For disputes involving technical complexity, facilitate joint retention of independent technical experts selected collaboratively by parties to provide objective factual assessments on building condition, system performance, causation analysis, or technology capabilities. Expert findings shared with all parties support informed settlement negotiations based on objective data rather than conflicting party expert opinions, often creating foundation for principled resolution. Emphasize litigation risk assessment through probability scenario analysis, helping parties evaluate likelihood of prevailing on liability, likely range of damages awards, litigation costs through trial and appeals, and time to final resolution. Apply decision tree analysis weighing expected value of litigation outcomes against certainty of negotiated settlement, assisting parties in making informed business decisions about settlement versus continued litigation. Apply interest-based negotiation principles developed through authorship of "Negotiation and Settlement" chapter for Institute for Continuing Legal Education treatise on Michigan Civil Procedure, focusing on underlying business interests and objectives rather than stated positions. Explore whether non-monetary terms including business relationships, future dealings, confidentiality, public statements, or operational changes offer value beyond financial settlement amounts. For multi-party construction disputes involving owners, contractors, subcontractors, design professionals, and insurers with complex indemnity and contribution issues, design mediation processes addressing allocation among multiple parties and remediation options. Facilitate working sessions in conference room settings involving project-level personnel from multiple parties to exchange technical information, review project documents and correspondence, and establish factual foundation for executive-level settlement negotiations at formal Mediation Hearing. For commercial contract disputes involving software implementation failures, performance-based contracting disagreements, or warranty claim controversies, utilize technical knowledge to understand root causes, evaluate responsibility allocation, assess remediation costs, and structure settlements addressing both past damages and future performance obligations or relationship termination.

Advanced user of Zoom video conferencing and Microsoft Teams platforms to conduct Preliminary Hearings, interim Status Conferences, and formal evidentiary and Mediation hearings with screen sharing, breakout rooms, and document presentation features. Willing and available to conduct in-person hearings when preferred by parties. Proficient in Microsoft 365 cloud-based applications including Word for decision drafting, Excel for damages calculations and financial analysis, PowerPoint for hearing presentations, and Teams for case management collaboration and secure file sharing through SharePoint. Experienced Microsoft Access user for database design, query development, and data analysis in organizing case information, managing exhibit indexes, analyzing damages and claim data, and structuring large data sets to support comparative analysis and decision-making in complex disputes. Successfully completed Clearbrief Academy training program (May 2025), gaining expertise in AI-powered legal research, brief analysis, and citation verification tools for arbitration decision-writing and case analysis. Active subscriber to Perplexity AI Pro, utilizing advanced AI-powered research capabilities for case law analysis, factual research, comparative legal analysis, and rapid exploration of complex technical and legal issues. Leverage Perplexity's real-time search and natural language processing to efficiently analyze statutes, precedents, and industry standards, enhancing research depth while maintaining cost-effectiveness and procedural efficiency in arbitration and mediation proceedings.

University of Detroit Mercy (JD-1976); Northwestern University (MS, Civil Engineering-1973); University of Detroit Mercy (BS, Mechanical Engineering-1972).

Admitted to the Bar: Michigan (1977); U.S. District Court: Eastern District of Michigan. Former LEED Accredited Professional (Leadership in Energy and Environmental Design), U.S. Green Building Council Former Licensed Residential Builder, State of Michigan

State Bar of Michigan: Alternative Dispute Resolution Section; Business Law Section; Insurance and Indemnity Law Section; Litigation Section; Information Technology Law Section Engineering Society of Detroit, Alternative Dispute Resolution Committee member Former LEED Accredited Professional (Leadership in Energy and Environmental Design), U.S. Green Building Council, demonstrating expertise in sustainable building design, green building materials, energy-efficient HVAC systems, and high-performance building envelope assemblies Former Licensed Residential Builder, State of Michigan, with hands-on experience in residential construction practices, building code compliance, and construction defect identification Associate Member, Project Management Institute (PMI), applying project management principles to construction dispute analysis Design Build Institute of America, former Board of Directors member for Michigan Chapter, with expertise in design-build project delivery, integrated project delivery methods, and construction manager at-risk arrangements

Chapter Author, "Negotiation and Settlement," published in treatise on Michigan Civil Procedure, 2nd Edition (Institute for Continuing Legal Education, 2012-2023), providing comprehensive analysis of negotiation theory, settlement strategies, and mediation best practices for Michigan civil litigators "Witness Statements in Arbitration," Michigan Bar Journal, Volume 103, Number 6, June 2024, analyzing procedural advantages of written witness statements in commercial arbitration Presenter, "Use of Written Witness Statements in Commercial Arbitration," webinar for State Bar of Michigan ADR Section, February 21, 2023, demonstrating Protocol for implementing written witness statements "Confidently Eliminate the Need for Depositions in Arbitration Using Written Witness Statements," ADR Spotlight, Oakland County Legal News, August 2023, examining cost savings and efficiency gains from eliminating depositions "An Emerging Trend to Replace Direct Testimony with Written Narrative Witness Statements in Commercial Arbitration," ADR Spotlight, Oakland County Legal News, October 2022, discussing adoption of international arbitration practices in domestic proceedings "A Flexible Protocol for Pre-Suit and Early Stage Mediation in Business Disputes," ADR Spotlight, Oakland County Legal News, 2019, outlining early intervention strategies for commercial dispute resolution "Improving Outcomes in Mediation with Use of Pre-Hearing Conferences in Business Court Cases," ADR Spotlight, Oakland County Legal News, 2016, demonstrating value of pre-mediation preparation "Green Building: Trend or Megatrend?" AAA Dispute Resolution Journal, May-October 2010, analyzing emerging disputes in sustainable construction and LEED certification Speaking Engagements Speaker, State Bar of Michigan, ADR Annual Conference, The Future of ADR: Leveraging AI for Smarter Arbitration and Mediation. Speaker, State Bar of Michigan Business Law Section, Business Law Symposium: Mediation Mastery Speaker, AAA Chicago Commercial and Construction Arbitrators, Lear-a-Latte series, “Creative Ways to Streamline Proceedings: Using Witness Statements to Reduce the Need for Depositions”. Speaker, AAA Southeast Midwest Construction Roundtable, Witness Statements in Construction Arbitration. Speaker, Project Management Institute Symposium: Win-Win Strategies through Alternative Dispute Resolution Panel Member, Engineering Society of Detroit Symposium, Michigan Green Enterprise Zone: Legal Risk Mitigation Speaker, Advanced Mediation Training, Michigan State University College of Law Alternative Dispute Resolution Program Adjunct Lecturer, Wayne State University: Engineering and Construction Law Faculty, State Court Administrative Office (SCAO) Advanced Mediation Training in Med-Arb hybrid processes

Flexible schedule available for arbitration and mediation hearings, preliminary conferences, and status conferences conducted through video conferencing or in-person sessions. There are no travel charges for Hearings within the continental US.

Hourly Rate: $625.00 Daily Rate: Not provided Study Rate: $625.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: No Travel charges for Hearings in Detroit, Chicago or Dallas

English

United States of America

Grosse Pointe Park, Michigan