Mediator Resume

Construction and surety lawyer with nearly five decades of experience, including 40 years in alternative dispute resolution. Board Certified in Construction Law by the Texas Board of Legal Specialization, with a national reputation for handling high-stakes, multi-party construction mediations. Experience spans law firm leadership, C-suite construction management, and claims leadership for a major surety. Conducted over 2,000 mediations, emphasizing commercial construction, surety, design, and insurance disputes.

Markel Surety - Executive Vice President of ADR Services

Attorney, Mediator, Educator, Surety Claims Executive

Executive Vice President of ADR Services (2024-Present)/Chief Surety Claims Officer, Markel Surety, 2001–Present; Chief Executive Officer, Faulkner Construction Company, 1995–2001; Director and Head of Construction/Surety Practice, Winstead Sechrest & Minick P.C., 1976–1995. Adjunct Faculty Member (Construction Industry Dispute Resolution), University of Texas at Austin Graduate School of Engineering, 1999 – Present.

CONSTRUCTION & SURETY LAW EXPERIENCE Led construction and surety practice at major Texas law firm for two decades. Provided legal counsel in contract drafting, risk management, construction defect claims, payment and performance bond disputes, and litigation. As CEO of an ENR top-300 contractor, was responsible for marketing, business development and profitability of commercial, industrial, and clean room projects and advised affiliated companies in road & bridge construction and mechanical contracting. INSURANCE & CLAIMS MANAGEMENT Founded and led claims operations for SureTec Insurance Company, a Texas-based surety acquired in 2017 by Fortune 500 company, Markel Corp. Oversaw nationwide surety bond claims, indemnity litigation, and performance defaults. Integrated legal, underwriting, and claims functions for optimal risk resolution. Served as sole ADR provider for Markel Surety.

Mediated over 2,000 disputes since 1985, with a focus on civil and commercial construction, professional liability (architect/engineer), government contracts, and insurance coverage disputes. Extensive experience in multi-party mediations, including matters with 10+ parties, coordinated virtual and in-person formats. Developed and widely utilized double-blind mediation and escrow settlement techniques to facilitate resolution. Has served exclusively as neutral since 2024, and for the past 15 years, devoted over 70% of time to ADR work.

Construction disputes of all types, Architect/engineer standard of care disputes, Surety bond performance and indemnity issues, Subcontractor Default Insurance disputes; Contractual risk allocation and change order disputes, scheduling and delay disputes, Construction insurance coverage and additional insured issues; government contract claims, construction cost audits; breach of contract, construction defects, served as standing neutral or dispute board member on major projects.

I approach mediation as a problem-solving process, and not just as an “event.” I expect counsel and clients to have considered their risks and options before the session, and I tailor my involvement and try to guide the process based on party needs. I request candid, confidential summaries and often hold pre-mediation calls with clients and counsel. I’m evaluative when it helps but do not impose views unless useful to resolution. I’ve mediated virtually and in-person, and encourage flexibility in process design, including double-blind and escrow techniques for multi-party cases.

Regularly conducts mediations using Zoom and other virtual platforms. Skilled in breakout room facilitation and screen sharing for document review and collaborative edits. Has used recorded presentations, expert video summaries, and escrow mechanisms to resolve complex disputes. Proficient in Microsoft Word, Excel, multiple artificial intelligence applications, and cloud-based case management platforms.

Southern Methodist University Dedman School of Law (J.D. – 1976); Southern Methodist University (B.A., Economics – 1972).

Admitted to the Bar: Texas (1976). Board Certified in Construction Law, Texas Board of Legal Specialization, Licensed Property & Casualty Adjuster in Texas and several states.

Fellow, American College of Construction Lawyers; Distinguished Fellow, International Academy of Mediators; Academy Member, National Academy of Distinguished Neutrals; Credentialed Distinguished Mediator Association, Association of Attorney-Mediators; Texas Mediators Credentialing Association (Distinguished Credentialed Mediator).

Frequent speaker on construction ADR at bar and industry conferences.

Hourly Rate: Not provided Daily Rate: $11,500.00 Study Rate: Not provided Cancellation: Not provided Cancellation Period: Not provided Comment: The hearing rate applies to in-person mediations involving two parties. A discounted rate per party is available for additional parties or for virtual mediations. For mediations requiring overnight travel, an additional fee per party will apply. Please contact the mediator for alternative rate options.

English

United States of America

Dallas, Texas