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Mediator Resume

Gene J Esshaki, Esq.

Gene J Esshaki, Esq.

Professional Summary

Have extensive experience in automotive supply chain issues including OEM recall claims, OEM/Tier One disputes and Tier One/Sub-Tier Disputes. Also experienced in Medical Device disputes, Cellular Industry and Distribution Network Claims, Post Merger Escrow/Basket Claims as well as accounting disputes in mergers and acquisitions.

Current Employer-Title

Merry, Farnen & Ryan, P. C. – Senior Counsel; Prior Employer- Abbott, Nicholson, Quilter, Esshaki & Youngblood, P. C.-Senior Counsel

Profession

Attorney - Commercial, Corporate, Complex Business Litigation, Arbitration, Facilitation, Mediation

Work History

Merry, Farnen & Ryan, P. C., Senior Counsel. Prior Employer-Officer/Director/Shareholder, Abbott, Nicolson, Quilter, Esshaki & Youngblood P.C., 1977 – 2014; Chief Executive Officer, 1999 – 2008; Shareholder and Member of the Board of Directors/Executive Committee Member/Partner, Abbott Nicholson Quilter Esshaki & Youngblood P.C., 1977 – 2015; Senior Counsel 2016-2023.

Experience

Over forty years of experience as business, corporate, and commercial transaction attorney, concentrating in business and complex commercial litigation. As General Counsel, represented closely held corporations with sales ranging from $1 million to $500 million. Special counsel to national and multi-national corporations. Handled all aspects of business law and litigation for clients in every field of endeavor. Also managed the business of a fully integrated, medium-sized business law firm, most recently as chief executive officer. Extensive experience in Mergers & Acquisitions, post-closing accountings and adjustments and Joint Venture disputes in all fields of commercial endeavor. Mediated over 1,000 commercial disputes within and outside the Association.

Mediator Experience

Mediated over 1,000 cases, predominantly in the business dispute area, shareholder and partner disputes, breach of contracts, mergers and acquisitions, insurance disputes, real estate purchase and lease agreement disputes, professional liability cases, personal injury and property damage insured claims. Conducted numerous mediation in Partner disputes in professional associations including Attorneys, Accountants and Medical Professional. Approved by the Supreme Court of Michigan as a qualified mediator. Listed on the roster of mediators in several Michigan state courts as well as the United States District Court for the Eastern District of Michigan. Also, prior council member of the State Bar of Michigan Alternative Dispute Resolution Section. Taught seminars on ADR through the Institute for Continuing Legal Education in Michigan that are required for mediators to maintain their state qualification.

Representative Issues Handled as a Mediator

Issues have included: catastrophic injury claims; partnership disputes in real estate development ventures; commercial lease disputes for manufacturing facilities; breach of warranty issues in asset purchase agreements; patent disputes/royalty payments; personal injury/automobile claims; construction bond indemnity claims; employment claims/manufacturing and service industries; and commissioned agent claims. Extensive experience in automotive supply chain disputes including OEM Recall Claims, OEM/Tier One Disputes and Tier One/Sub-Tier disputes.

Mediator Style & Process Preferences

I believe that mediation is a cooperative process that involves participation by all parties and counsel. If impasse occurs, I will work to break it by explaining to the participants the consequences of failing to concur. While I will maintain neutrality throughout the process, I am not above the occasional push when necessary to overcome resistance. Finally, I recognize that in some cases it may not be time to settle and in some cases the time may never be right to settle and the parties must have their hearings to reach conclusion.

Education

Wayne State University (JD-1974; BA-1971).

Professional Licenses

Admitted to the Bar: Michigan (1974); U.S. District Court: Eastern and Western Districts of Michigan; U.S. Court of Appeals, Sixth Circuit; U.S. Supreme Court (2009). Michigan Supreme Court Certified Mediator (2002).

Professional Associations

Michigan Bar Association (General Practice Section; Litigation Section); Oakland County Bar Association; Macomb County Bar Association; Metropolitan Detroit Bar Association (Past Director); Detroit Bar Foundation (Past Trustee-President); Michigan Bar Foundation (Fellow); International Mediation Institute (IMI) Certified Mediator. Member American Board of Trial Advocates. Member Academy of Distinguished Neutrals. Member Professional Resolution Experts of Michigan. Special Master, U.S.D.C., E.D. MI In Re Automotive Parts Anti-Trust Litigation, 9-2014 to Present.

Compensation

Hourly Rate: $600.00 Daily Rate: Not provided Study Rate: $600.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: Cancellation fees may apply.

Languages

English

Citizenship

United States of America

Locale

St. Clair Shores, Michigan