Mediator Resume

Swandal Law PLLC and Mediation Center - Partner

Attorney, Judge, Mediator

Partner, Swandal Law PLLC and Mediation Center, 2013-Present; Senator, State of Montana, 2015-2018; District Judge, State of Montana, 1995-2012; State Staff Judge Advocate, Montana Army National Guard, 1994-2008; Judge Advocate General, 163 Armored Brigade Bozeman Montana, 1988-1994; Park County Attorney, Park County, 1983-1994; Judge Advocate General (IMA), US Army Reserves, 1981-1988; Partner, Swandal Douglass & Swandal, 1981-1982; Judge Advocate General, 7th Infantry Division Fort Ord California, 1978-1981.

Over 42 years of legal experience as either a private attorney, county attorney, general jurisdiction judge and military attorney. Began legal career on active duty with the US Army serving as prosecutor, defense counsel and chief of the legal assistance office. As chief of the legal assistance office, supervised several other attorneys and staff. That office provided legal service to about 20,000 active duty and retired personnel and their family members. Retired as a Colonel after 30 years as a JAG on active duty, as a member of the US Army Reserves and in the Montana Army National Guard. Served as the State staff Judge Advocate for the last 12 years for the Montana Army National Guard, supervised the other attorneys and staff in the office and also advised senior officers. Began private practice in 1981, representing clients in family law, real estate transactions, general contracts, criminal defense and personal injury. Was elected Park County Attorney in 1982 and served from 1983-1994. Was a member of the Montana County Attorney's Association and served in all offices, including President. Prosecuted criminal matters but also represented the county and school districts in civil matters, including arbitrations. Tried to a verdict over 100 jury trials as both a prosecutor and while in private practice and served as counsel for the local school district during arbitrations. Represented the county in civil lawsuits, employment disputes, road and easement issues as well as managing a full criminal docket and child abuse and neglect cases. Served as a general jurisdiction judge for 18 years hearing and deciding thousands of cases involving almost every aspect of the law, including family law, criminal law, real estate, construction issues, personal liability, products liability, estates, easements, agriculture and water law, and voting disputes. Had thousands of judge trials and over 100 jury trials during that time. Was also called and served as a justice on the Montana Supreme Court several times. As judge, presided over the felony criminal docket, including death penalty cases, and over the civil docket which included high profile product liability cases, personal injury and class action lawsuits. Also heard many cases involving disputes with state agencies. Member of the Montana Commission on Practice.

As judge, started the ADR program for our district and required almost all civil matters to be mediated before a trial date was set. Asked by fellow judges to act as a settlement judge in some of their most contentious cases. Since return to private practice, mediated well over 100 cases. Cases range from matters involving personal injury, product liability, eminent domain, family law, estate disputes, contract disputes, appellate real estate issues, and agricultural matters. Born and raised on our family cattle ranch and am still involved in its operation so have a background that is helpful in cases involving general aspects of agriculture. Having been in and on the periphery of local and state governments for several years, also successfully mediated disputes between citizens and agencies in local or state governments.

Parenting Plans, including children with special needs. Determination of what should be included in and distribution of the marital estate. Determination of negligence/liability in tort cases as well as proper damage award. Proper heirs and distribution of an estate in addition to whether undue influence allegations may be viable. Interpretation of contracts. Existence of easements on real property. Boundary disputes. Agriculture losses due to various factors including improper seed, fertilizer, feed, etc. Interpretation/implementation of administrative rules. Eminent Domain. Disputes with the Public Service Commission. Appellate mediation.

Paraphrasing Supreme Court Justice Holmes, there is nothing, except an extended illness or a death in the family, that can be as emotionally or physically draining as being involved in litigation. After going through the standard process of advising about the mediation process and my role, the parties are advised that whether the process is successful depends on their willingness to listen and entertain alternatives in an effort to reach a settlement. It is my job to help them generate different proposals and analyze the strengths and weaknesses of their case. Try to direct them from a “position” approach which may involve personal animus or the thought that they can accept only one outcome to an approach which results in them considering their overall interests and how they can best be satisfied. I also emphasize that if we cannot settle all issues, that a settlement of one or more issues will help alleviate some of the stress and cost of litigation. Have found that once some issues are settled that it becomes easier to resolve the rest.

Command and General Staff College (1990); Judge Advocate General's School (Basic Course, 1978; Advanced Course, 1987); University of Montana (JD-1978); Montana State University (BA-1975).

Admitted to the Bar, Montana, 1978; U.S. District Court, Montana, 1978; U.S. Court of Military Appeals, 1979.

Military Officers Association of America; Montana Bar Association; The Federalist Society; Montana Judge’s Association; Montana Farm Bureau.

Hourly Rate: $185.00 Daily Rate: Not provided Study Rate: $185.00/hr Cancellation: Not provided Cancellation Period: 2 Days Comment: No charge for travel costs unless it is more than 150 miles one way (mileage at the state rate would then be charged). Cancellation fee of $185 if notice received less than two days in advance of the mediation session.

English

United States of America

Livingston, Montana