Mediator Resume

A practicing trial attorney since 1987. Has tried cases throughout the United States to juries, trial courts and arbitration panels. Has argued cases before several state supreme courts, in the Federal courts of appeals and numerous state and federal trial courts. Also has an active practice in designing construction project delivery systems and negotiating construction related contracts. In addition to private practice, regularly employed as a neutral to mediate and arbitrate both commercial and construction related disputes.

Eckert Seamans Cherin & Mellott, LLC - Member Chief Executive Officer

Attorney

Partner/Associate (Chief Executive Officer), Eckert Seamans Cherin & Mellott, LLC, 1987-Present.

Practice covers a broad range of civil litigation, with emphasis on construction law and commercial and contract disputes. Eighty percent of practice is devoted to construction law, handling both public and private projects (commercial, heavy/highway, industrial, institutional, and residential); claims at issue range from $25,000 to $20 million. Handled all types of claims including delay, impact, loss of productivity, differing site conditions, defective work, extra cost, architectural and engineering errors and omissions and overcharges, and default. Representing private owners, public agencies, developers, prime contractors, subcontractors, design professionals, equipment manufacturers and suppliers, and sureties. Representative projects include hydroelectric plants, hotels, casinos, steel mills, bridges and highways, hospitals, office buildings, schools, laboratories, greenhouses, gas transmission facilities, water plants, sewer plants, airports, stadiums, factories and process facilities, and environmental remediation sites. Substantial design build, fast track, EPC and turn key project experience. Handled numerous commercial cases involving diverse areas such as supply contracts, professional baseball, banking, franchises, and RICO.

Routinely involved for over 35 years as an advocate representing parties in mediation proceedings across the United States in over 200 such mediations as an advocate. Have served as the mediator in over 125 mediations over the last seven years while still maintaining an active litigation practice. Many of those mediations involved multiple parties, up to 14 parties including owners, contractors, subcontractors, architects, engineers and sureties) and multiple days due to the complexity. Mediated cases run the gamut of projects including schools, colleges, baseball fields, water and waste water plants, dormitories, assisted living homes, pipeline projects, air force bases, structural steel, baseball fields, retirement villages, coal mines, churches, steel mills, forge presses, power plants, bridges, engineering fee disputes, surety disputes, parking garages, airports, roofing systems, factories, retaining walls and bus garages and commercial cases such as shareholder, franchising and partnership disputes and all forms of breach of contract cases.

Mediated cases have involved the entire range of issues commonly litigated in construction disputes including claims for extra work, defective specifications, delays, impacts, inefficiencies, errors and omissions by professionals, differing site conditions, defective work, contract interpretation disputes, payment and performance bond disputes and fee disputes. Mediated commercial cases involving shareholder, partnership and franchise disputes and all types of breach of contract cases. Mediated numerous multi-party disputes involving upwards of 14 parties.

I receive and study the material in advance of the mediation and call counsel several days prior to the mediation in order to start the discussions and make sure the issues have been identified and the parties have exchanged the necessary information. At the mediation, I utilize my experience in the construction field and as an experienced commercial trial attorney and litigator to cause the parties to critically evaluate their arguments and the potential upsides and downsides. I work hard to develop a rapport with the decision makers as well as counsel. At an appropriate point in the mediation, I will then pivot the discussion to potential settlement terms and aggressively work the parties in order to find a common ground of resolution. I do not quit. I have a lot of repeat users which I take as a testament to my style and philosophy. I call balls and strikes and do not simply carry messages.

Tried a 43 day case on Zoom. Handled over 50 Zoom or Teams mediations as mediator.

University of Notre Dame (JD-1987); Dickinson College (BA, Political Science/History-1984).

Admitted to the Bar: Pennsylvania (1987), West Virginia (2008); U.S. District Court: Western District of Pennsylvania (1987), Southern District of West Virginia (2008); U.S. Court of Appeals: Third Circuit (1996), Fourth Circuit (2002); U.S. Supreme Court (2005).

Pennsylvania Bar Association (Alternate Dispute Resolution); Allegheny County Bar Association (Construction Law Practice Group).

Representative matters include: "An ADR Primer for General Counsel," GC MID-ATLANTIC MAGAZINE, July 2007; "A Primer on the Basics of Construction Law," LEGAL STRATEGIES FOR THE CONSTRUCTION INDUSTRY, Aspatore Books, 2005; Recorded Speech on ADR, Alternative Dispute Resolution Conference, Reed Logic, 2005; speaker, AAA Roundtable on Complex Construction Arbitration, November 2004; numerous continuing legal education and firm publication articles on construction law and alternate dispute resolution issues. Complete listing of articles and speaking engagements on line at www.eckertseamans.com.

Pittsburgh, PA.

Hourly Rate: $705.00 Daily Rate: Not provided Study Rate: $705.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment:

English

United States of America

Pittsburgh, Pennsylvania