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Mediator Resume

Hon. James R Eyler (Ret.)

Hon. James R Eyler (Ret.)

Current Employer-Title

Available for arbitration and mediation via videoconference or teleconference in addition to in person proceedings. Experienced in using video platforms.

Profession

Arbitrator, Mediator, Retired Judge

Work History

Judge, State of Maryland Judiciary, 1996 – Present; Arbitrator and Mediator 2012-Present; Partner/Principal/Chairman, Miles & Stockbridge P.C., 1968 – 1996; Law Clerk, State of Maryland, 1967 – 1968.

Experience

As Associate Judge, Maryland Court of Special Appeals, authored in excess of 1600 opinions, approximately 300 of which were reported, in all areas of law, e.g., civil, criminal, commercial, administrative, domestic, and others, filed promptly after each case's disposition date. Law practice experience was almost all civil, with approximately 50% in federal courts and 50% in state courts. Many of the cases were protracted. Over 90% of cases handled were resolved before trial. Tried to judgment, as sole or chief counsel, over 50 jury cases and unknown number of non-jury cases. Practice consisted of general civil and regulatory litigation and alternative dispute resolution with differing areas of emphasis from time to time. The areas of practice included business and commercial litigation, products liability, toxic torts, negligence actions, contract disputes, insurance coverage, fidelity bond issues, professional malpractice, and ERISA and other employee benefits matters. Extensive appellate practice experience in administrative and court settings, state and federal. Tried and argued on appeal cases in state and federal courts in Maryland, the District of Columbia, Virginia, New York, Connecticut, and Delaware involving various tort actions (i.e., premises liability, products liability, professional malpractice, defamation, and negligence); securities law violations; commercial law disputes; insurance coverage questions; bonding issues; employee benefits; and governmental and public law issues. The cases presented claims for damages, declaratory relief, and injunctive relief. Heavily involved in mass tort litigation, including asbestos litigation, from 1978 through 1995. Handled protracted cases in Maryland, Delaware, Connecticut, and New York, in which there was substantial discovery and motions practice, but the cases did not go to verdict. Served as chair of Miles & Stockbridge's litigation department from 1975 to 1991 and served as chairman of the firm from 1991 until appointment to the bench. Adjunct Faculty, University of Maryland School of Law and University of Baltimore School of Law. Taught several courses in Trial Practice and Advocacy 1998 until 2005.

Mediator Experience

As Associate Judge, Maryland Court of Special Appeals, was responsible for administering Court of Special Appeals prehearing conference program, conducted over 400 conferences, using principles of facilitative mediation, evaluative mediation, transformative mediation, settlement conferences, and hybrids, as appropriate. As the State's intermediate appellate court, the Court of Special Appeals processes cases in all areas of State law and many areas of federal law. Consequently, prehearing conferences occurred in all types of cases. Also as prehearing conference judge, played a leading role in the design and implementation of an office of mediation, formally launched in February, 2010, as part of the prehearing conference program. The program envisions that cases will usually, but not always, be co-mediated, using facilitative mediation as the primary technique. The mediators in the Court program are two fulltime lawyers and several retired judges. Participated as trainee in the mediation training sessions given in connection with the Court program and served as a mediator in that program prior to retirement and continues to serve after retirement. The mediation program has been very successful, resulting in settlement in approximately two thirds of the cases mediated. Served as a mediator in the Baltimore City court system before appointment to the bench. In that same time frame, served as a mediator and arbitrator in private matters, on an hourly rate basis. For the last 13 years, have mediated all types of cases with emphasis on business and contract disputes and class actions. Md. Bar Foun. H. Vernon Eney Award; Md. Daily Record Leaders in Law ADR Award and Icon Over 60; Md. State Bar Award for ADR contributions.

Representative Issues Handled as a Mediator

Family law issues relating to child support and custody, alimony, and property disposition; contract issues relating to formation and enforceability of contracts; tort issues of all types; commercial law issues, construction law issues, real property issues including conveyancing, land use and planning, zoning, and easements; estate and trust issues; administrative law issues; disciplinary proceedings; foreclosures, workers compensation; corporate liability and governance issues; partnership and limited liability entity liability and governance issues; franchise issues; government contracts; professional liability; statutory causes of action; employment law issues; class actions, and managed health care issues.

Mediator Style & Process Preferences

Substantial experience in resolving disputes, as a practicing lawyer, as a judge, and as a private neutral. As a practitioner, negotiated hundreds of settlements in cases of all kinds, including mass tort litigation, commercial mergers, and buy-out disputes. Familiar with the various forms of dispute resolution. Philosophy is to learn from litigants all issues and concerns and use whatever techniques are appropriate to facilitate an agreement by the disputants on how to resolve the matters in controversy. Confidentiality is crucial. Listening is crucial. Part of philosophy is a belief in the need to follow up as necessary to assist in closing matters.

Education

University of Maryland School of Law (LLB, converted to JD-1967); University of Maryland College Park (BA-1964).

Professional Licenses

Admitted to the Bar: Maryland (1967), District of Columbia (1985); U.S. Court of Appeals: Second (1992), Third (1988), Fourth (1973), and District of Columbia (1989) Circuits; U.S. Supreme Court (1990).

Professional Associations

American Bar Association; Maryland State Bar Association; Anne Arundel County Bar Association; Baltimore County Bar Association; J. Dudley Digges Inn of Court; Fourth Circuit Judicial Conference (Permanent Member).

Recent Publications & Speaking Engagements

Various speaking engagements at bar associations and judicial events.

Locations Where Parties Will Not be Charged for Travel Expenses

Daily commuting distance from Baltimore

Compensation

Hourly Rate: $600.00 Daily Rate: Not provided Study Rate: $600.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: Will bill for non-local travel time up to max of $750 per day; and bill for non-local travel expenses.

Languages

English

Citizenship

United States of America

Locale

Baltimore, Maryland