Mediator Resume

Arbitrator-Mediator

Neutral-Construction, Real Estate, Commercial Litigation

Independent Full Time Neutral, 2021-Present; Shareholder, Rogers Joseph O'Donnell, 2009-2021; Partner, Richardson & Wilhelmy, 2004-2009; Partner, Field Richardson & Wilhelmy, 1996-2003; Partner/Associate, Field Baker & Richardson, 1992-1996; Associate, Stark Wells Rahl Field & Schwartz, 1988-1992; Associate, Gibbons Lees Schaefer & Edrington, 1986-1988.

Forty years' experience emphasizing construction, real estate and general business litigation. Experienced with public works infrastructure including highways, tunnels and bridges, schools, hospitals, and jails, in addition to private work including warehouses, golf courses, pipelines, power plants, sports stadiums, solar and big box retail plus memory care facilities. Represented public and private owners, architects, engineers, contractors, subcontractors and suppliers. Represented national, regional and local contractors in litigation and in arbitration and mediation. Represented engineers in professional negligence claims. Specific experience in the representation of construction suppliers including plumbing and electrical materials. Extensive experience in retail, big box and commercial construction. Represented clients in disputes involving excavation, grading and paving, soils and compaction, underground utilities, above ground and underground fuel storage tanks, foundations, asphalt and concrete paving, windows, curtain walls and exterior metal panels, framing, seismic upgrades and repairs, EPC and MEP including high voltage and low voltage electrical, heating, ventilation, air conditioning, and fire sprinklers as well as waterproofing and roofing. Represented design professionals of all types including architects, geotechnical and structural engineers, Experienced in matters of scheduling, delays, acceleration and impacts, consequential damages and liquidated damages.

Several hundred disputes mediated for the Superior Court and under AAA Rules over nearly a dozen years. Brings 28 years of construction industry arbitrator experience to work as a mediator including service on the AAA Construction Industry Panel, the AAA Large and Complex Case Panel, and the Mega Project Panel.

Construction disputes of all kinds. Owner/contractor payment disputes. Contractor/subcontractor disputes. Scheduling and delay claims. Disputes related to scope of work. Construction defect and design defect claims. Real property transactions, real estate development disputes, commercial leasing disputes.

I am a strong proponent of mediation developed from 35 years of representing clients in the construction arena including owners, contractors of all kinds, design professionals, and materials suppliers. I believe that mediation allows parties to assert control over the resolution of their dispute and avoid the uncertainty and expense of trial or arbitration. I am of the opinion that mediators should serve as facilitators but I am not afraid to express my opinion when I think a party or their attorney is being unreasonable or has mis-evaluated the facts or law. I make it a practice to call counsel in advance of the mediation session to develop an understanding of the dispute, the procedural posture of the case and any unusual barriers to settlement. I solicit input from counsel to determine how they believe the mediation should be structured so that it can be most effective. I am proactive in developing agreement for the exchange of information that may be necessary in order for mediation efforts to be successful. I follow up with counsel in the event the dispute is not resolved on the day of the mediation.

University of San Francisco School of Law (JD, 1985); University of California at Berkeley (BA, Political Science 1979). Bar Association of San Francisco (Forty Hour Mediator Certification Course - 2015).

Admitted to the Bar: California (1986).

The Mediation Society Construction Lawyers Society of America

"Disproving Myths about Construction Arbitration", Associated General Contractors Legal Advisory Committee, 2024; "Dealing with Difficult Counsel, Parties and Witnesses in Arbitration" AAA Roundtable 2023; "Dispelling the Eight Myths of Arbitration" Construction Lawyers Society of America, 2020, The Alternative Dispute Resolution Guide, Chapters 3 and 12, Thomson-Reuters Publishing (2026); "Issues in Construction Mediation", LexVid 2014; "Arbitration for Litigators", California State Bar Annual Meeting, 2013; Speaker, "Pitfalls of the Subcontractor Listing Law", ACCE, February 2013; Author, Contractor Claims Where Public Agency Fails to Disclose Material Information, California Constructor, March 2011; Co-author, "Attorneys' Fees in Construction Disputes," Legal Brief, Associated General Contractors; Consultant, CEB California Mechanic's Liens and related Construction Remedies, 3rd Edition; Speaker, "Environmental Issues for Contractors"; Speaker, "Payment Remedies for Contractors"; Speaker, "Law for Design Professionals in California"; Speaker, "California Construction Law for Architects, Engineers & Contractors" and "Immunity for Public Agencies".

Hourly Rate: Not provided Daily Rate: $9,000.00 Study Rate: $900.00/hr Cancellation: $9,000.00/Day Cancellation Period: 7 Days Comment:

English

United States of America

San Francisco, California