Mediator Resume

Jay Daugherty Mediation - Mediator, Arbitrator

Attorney, Arbitrator, Mediator, Educator

Jay Daugherty Mediation, 2020 - Present; Of Counsel, Foland Wickens Roper Hofer & Crawford P.C., 2013 - 2020; Circuit Judge, State of Missouri, 1996 - 2012; Partner/Associate, Wyrsch Atwell Mirakian Lee & Hobbs P.C., 1986 - 1996; Assistant U.S. Attorney, Department of Justice, 1983 - 1984; Assistant Prosecuting Attorney, Jackson County Missouri, 1978 - 1981.

Work experience involves virtually everything that could come before state court trial judge with the exception of probate. Work has involved several complex cases that included the following: securities fraud; commercial litigation which includes such issues as TIF bonds, capitalization rates, evaluation of real estate interests, allegation of bank fraud, foreclosure of real estate, county and tax land issues, loan commitment litigation, shareholder derivative suits including one involving Sprint and Worldcom, valuation of construction projections; product liability cases both in automobile crash worthiness area and airplane manufacturer liability; medical malpractice cases; insurance coverage cases; antitrust cases; motion to compel arbitration cases; employment cases; constitutional interpretation; construction of statute cases. Has appeared as a visiting Judge on multiple occasions at the Missouri Court of Appeals – Western District and also has served as a Special Judge in the Missouri Supreme Court. In 2007, was voted best circuit judge in the State of Missouri by Missouri Lawyers Weekly. In lawyer cases, commercial topics include: securities fraud, civil and criminal; antitrust, civil and criminal; tax fraud, civil and criminal; bank fraud, civil and criminal; health care fraud; environmental cases; fraud touching on various federal governmental contracting agencies. Served as asst prosecuting attorney in Jackson County, MO and an Asst U.S. Attorney in the W.D. of Missouri. In private practice for over 15 years with a litigation law firm that did both civil and criminal cases. Much of experience involved white collar criminal cases touching upon financial issues. Upon leaving the bench was of counsel with the firm of Foland Wickens Roper Hopper Hoffer and Crawford and was involved in an active ADR practice, as well as in civil litigation and representing individuals and companies subject to investigation or inquiry by government entities. As a trial judge in a non-jury context heard cases involving: securities fraud including litigation with General Electric Corporation as a plaintiff; business dispute involving multiple LLCs in conjunction with the purchase of $40 million of commercial real estate; business dispute over a hotel that involved determining fair market of 20% interest in office building (the office buildings construction cost was approximately $100 million and had substantial amount of cash flow from rental income). In 2025 received the Lifetime Achievement Award by the University of Missouri Kansas City School of Law. In 2026, selected as 1 of 3 Spurgeon Smithson Award recipients chosen by the Missouri Bar, acknowledging outstanding contributions to the legal profession. Since 2013 have been in over 1000 arbitration matters and several hearings. The cases have generally touched upon typical issues that would arise in business or commercial litigation. They have included several matters in the health care industry, generally involving disputes between hospital groups and insurance companies. On several occasions been involved in business breakups including law firms and doctor's offices. Involved in disputes regarding cases that were resolved during the course of mediation but the amount of damages was undetermined. By way of specific example been involved in several cases in which there's been dispute over health care insurance reimbursement between hospitals insurance companies, that was one of the cases tried as a wing arbitrator. Served as lead arbitrator in a hearing re: insurance reimbursement for indigent children in the state of Missouri and lastly was a wing arbitrator in a case that was tried for nine days involving executive severance package which included the evaluation of stock options.

Conducted over 1,000 mediations. Such mediations have included some of the following issues: breach of contract; real estate disputes including disputes over loans and security agreements; severance agreements; disputes in break-ups of professional corporations; banking disputes; disputes touching upon business acquisitions; personal injury; medical malpractice; legal malpractice; employment fraud; products liability and, securities fraud. Conducted several mediations involving business disputes that arose in Circuit Court in the context of being a Circuit Judge.

I think that the two most important things that a mediator needs is to be prepared and to be in a position to listen. I think it is very important that the parties get to have their say and have their needed input. I think it is not only important for the lawyers but the parties to participate and to talk in the process.

University of Missouri-Kansas City (JD - 1978); University of Kansas (BS, Education - 1972).

Admitted to the Bar: Missouri (1972); U.S. District Courts: Western District of Missouri; District of Kansas, U.S. Supreme Court and U.S. Court of Appeals: Previously admitted to 6th, 8th, and 10th Circuits; U.S. Supreme Court; Previously admitted to the United States District Court for the District of Kansas; 4th Circuit, Previously provisionally admitted in a variety of state and federal jurisdictions.

Missouri Association of Criminal Defense Lawyers, Past President; National Associations of Criminal Defense Lawyers, Board of Directors and Life Member; National Association of Distinguished Neutrals; International Academy of Mediators; Association of Missouri Mediators; National Association of Distinguished Neutrals (NADN); the Missouri Bar Association; The Kansas City Metropolitan Bar Association (KCMBA).

Speaking Engagements: Regular faculty member of State Judicial College teaching on special topics and part of the regular criminal core team; Faculty member for State Judicial College on jury and non-trial issues. This involves evidentiary, procedural, substantive and practical training for new judges. Civil topics include such things as evidence, jury instructions, motions in limine and generally conducting the trial. Regularly appeared on panels for the Missouri Association of Criminal Defense Lawyers, the Missouri Association of Defense Lawyers, the Missouri Association of Trial Attorneys and the Missouri Bar. Served on panel regarding use of masters and discovery disputes; Missouri Judicial College, 2022; Served on panel of mediators of a meeting on agriculture claims adjusters, 2020; Lead Panel discussions in IAM on the topic of after care, 2019; Speaker for Kansas City Metropolitan Bar Association on Mediation Practices in conjunction with the annual review of the law, 2019. Taught multiple times at the National Program in Boulder, Colorado for the National Institute of Trial Advocacy. Prepared written materials for speaking presentations and regularly wrote order and memorandum while serving as a judge. Program Director for the National Institute of Trial Advocacy Deposition Program, 2015-2019 at UMKC Law School; Chaired a panel on Mediation Technics, Kansas City Missouri Bar Association, 2014; Member of Appellant Forum, State Court Administrators and the Missouri Supreme Court, 2010; Co-Instructor on jury selection and voir dire procedures; Jury Selection in Capital Cases, 2009; Instructor, Midwest Regional of National Institute of Trial Advocacy, 1993-2023. 2022 faculty member of the Missouri Judicial College making the presentation of the use of masters and discovery disputes; 2020 served as a panel of mediators and a continuing education program for insurance adjusters in the agricultural industry; 2019 spoke on the issue of aftercare for the International Academy of Mediators in Scottsdale, AZ; 2019 speaker for the Kansas City Metropolitan Bar Association mediation practices, in conjunction with the Annual Law Seminar; 2018 spoke on the issue of judicial misconduct at the Advanced Criminal Law Seminar in Aspen CO-also presented for the Missouri Association of Criminal Defense Lawyers in the Spring of 2018 and for the Missouri chapter of the American College of Trial Lawyers; 2010 member of faculty for the Missouri Judicial Conference on the topic of appellate forum revolving around discussions of trial judges and appellate review 2010. 2009 Missouri Judicial College Structure on jury selection in capital cases, St. Louis MO. Prepared structure for the National Institute of Trial Advocacy from 1993 to 2019 at the Midwest session on 4 occasions and at the National session in Boulder, CO. Authored an article An Alliance for Justice: The Exoneration of Kevin Strickland, The Champion, April 2022.

Hourly Rate: $550.00 Daily Rate: Not provided Study Rate: $550.00/hr Cancellation: $3,500.00/Day Cancellation Period: 30 Days Comment: Cancellation Policy: Reserves the right to charge a cancellation fee if cancelled within 30 days of the mediation/arbitration at a rate of $3,500 per day. This fee can be waived or modified at the discretion of the mediator/arbitrator. On occasion, the members of Jay Daugherty Mediation and Arbitration are assisted by lawyers who were former law clerks in the courts that we have served on. On matters that involve drafting of meaningful documents, frequently uses the services of Cindy Kuhlman. Ms. Kuhlman has done work for the group for over five years and has been involved in a variety of different arbitration-type matters--usually in the context of assisting in the drafting of awards. Unless special permission is given, does not bill her separately. She is paid by Jay Daugherty Mediation and it is not an additional charge to the parties. When Ms. Kuhlman is used, notice is given and consent is sought.

English

United States of America

Kansas City, Missouri