Mediator Resume

Mediator

Partner, Perkins Coie LLP, 2004 - 2022; Partner, Brown & Bain P.A., 1994 - 2004; Associate Attorney, Brown & Bain P.A., 1990 - 1994; Associate Attorney, Fabian & Clendenin, 1985 - 1989.

COMMERCIAL LITIGATION AND PRODUCT LIABILITY Over 35 years of experience as a commercial litigator handling a wide range of complex commercial disputes, including litigation and arbitration matters arising out of real estate development agreements, licensing agreements, purchase and supply agreements, joint venture agreements, the sale of businesses, leasing arrangements, insurance coverage disputes, professional liability, and other commercial and financial transactions. Cases litigated generally involved multiple parties, complex legal and factual issues, and technical and financial experts. Product liability experience includes litigating disputes arising out of the development, licensing, sale and warranty of products and technologies, including claims for breach of warranty, strict product liability, breach of contract, and tort claims on a variety of theories, including negligent and fraudulent misrepresentation and omission. CONSTRUCTION AND REAL ESTATE LITIGATION Extensive experience in construction counseling and litigation, including the representation of developers, owners, contractors, building materials manufacturers, and other parties in disputes arising out of alleged defects in the design and construction of structures that include schools and other public facilities, pipelines, hotels, resorts and commercial and residential complexes. Construction practice has focused on complex, multi-party disputes that often involve challenging factual, legal, engineering, and technical issues. Construction practice included both plaintiff and defense work. Have represented public entities and other commercial building owners, as well as developers, contractors and building product manufacturers. Claims handled include warranty and defect claims; differing site condition claims; water intrusion/building envelope issues; curtain wall issues; soil settlement and expansion issues; delay claims; contract interpretation, payment and lien disputes; surety and performance bond claims; mechanic's lien disputes; claims arising out of guaranteed maximum price contracts, design-build and design-bid-build contracts, and construction management-at-risk contracts; insurance coverage disputes, among others. ARBITRATION Have extensive experience serving as an arbitrator through the American Arbitration Association and under private arbitration agreements. Have also served as a hearing officer for an Arizona State agency. Arbitrated disputes including payment and defect disputes arising out of commercial and residential construction projects, franchise agreement disputes, business acquisition disputes, legal malpractice/ethics disputes, attorneys' fee disputes, credit card disputes, disputes arising out of real estate development transactions, partnership and joint venture disputes, and a variety of other types of disputes arising out of commercial and financial transactions. Have served on numerous 3-member arbitration panels, including as Panel Chair, as well as serving as a sole arbitrator. Arbitrated disputes have ranged from matters involving an evidentiary hearing of a week or less, to matters involving multi-week hearings, culminating in issuance of a final written award.

Has mediated numerous disputes through the American Arbitration Association, in private mediations, and as an appointed Judge Pro Tem for the Arizona Superior Court. Cases mediated include disputes arising out of large-scale construction projects, commercial contracts, business acquisition agreements, standard form and consumer contracts, partnership agreements, real estate transactions, trust agreements, franchise and licensing agreements, credit card agreements, loans, and other financial transactions. As a Judge Pro Tem for the Maricopa County Superior Court, mediated consumer disputes, personal injury claims, and claims arising out of financial transactions. In addition to serving as a retained mediator, has extensive mediation experience serving as an advocate for clients in complex litigation matters. In that capacity, has decades of experience representing clients in multi-party and multi-day mediations in complex construction, financial and business disputes. Completed American Arbitration Association course "Preparation and Pre-Mediation Work--Setting the Stage for Success" (2/26/26). Completed American Arbitration Association course "Advanced Impasse Management Strategies" (9/23-30/2023).

Issues mediated include disputes arising out of construction projects, including defect, delay, payment, change order, and lien claims; disputes arising out of guaranteed maximum price construction contracts; breach of contract disputes arising out of loan agreements, real property purchase and sale transactions, construction agreements, tuition agreements (including refund rights on cancellation), franchise agreements; claims arising out of the sale of businesses; partnership and joint venture disputes; collection claims; claims for defective construction; claims for faulty or defective machinery and equipment; breach of warranty claims; trust disputes; payment disputes. Consumer claims mediated include credit card debt, lender liability claims, and claims arising out of the sale of goods and services, including disputes involving standard form contracts. In personal injury claims served as a Judge Pro Tem settlement judge included automobile accidents, dog bites, injuries at a water park, slip and fall injuries on store premises.

Pre-mediation preparation is critical to a successful mediation. Depending on the nature and status of the matter, this may include a limited, voluntary pre-mediation exchange of key documents between the parties. Such an exchange is particularly important for disputes in the early stages before formal discovery has occurred. To ensure an effective mediation, an initial pre-mediation conference will be held with all counsel to address the structure/format of mediation and any other matters that the parties believe should be addressed in advance to facilitate an effective mediation. Thereafter, I typically schedule one or more ex parte conferences with each counsel to obtain their input on potential obstacles to settlement, any special considerations, necessary parties/decisionmakers, and suggestions for increasing the likelihood of settlement at mediation. I request that the parties submit pre-mediation briefs and key documents for my review. I am a quick study and will review all submitted materials to gain an in-depth understanding of the legal, factual, and practical issues underlying each dispute. My role as a mediator includes understanding each party's settlement goals and priorities, setting a tone and framework for the mediation that encourages negotiation and builds trust, providing a neutral risk assessment where warranted, and assisting the parties in identifying creative solutions and settlement frameworks that will maximize the chance of a successful resolution. My history as a litigator and as an arbitrator has taught me that settlement of disputes at the earliest possible stage is likely to produce the best outcome for all parties when all costs are considered. In many cases, even the "prevailing" party in a litigation or arbitration matter likely would have come out ahead had a reasonable settlement been achieved earlier in the litigation/arbitration process. With this in mind, I will work hard to facilitate a settlement between the parties and will encourage the parties to do the same.

University of Utah, College of Law (Juris Doctor, Order of the Coif - 1985; Executive Editor, Utah Law Review); Florida State University (B.S., summa cum laude - 1981).

Admitted to the Bar: California (2004 - inactive), Arizona (1990 - retired/inactive), Utah (1985 - inactive). Maintains current licenses in California, Arizona, and Utah; no longer maintains active status in any jurisdiction.

Fellow of the American Bar Foundation. Received State Bar of Arizona's "Member of the Year" Award (2016). Listed in Best Lawyers in America: Commercial Litigation; Construction (2016-2024). Selected as a Southwest Super Lawyer in Business and Construction Litigation. Peer Review Rated AV Preeminent in Martindale-Hubbell. Member, State Bar of Arizona Civil Practice & Procedure Committee (2009 - 2022; Vice-Chair 2016 - 2018; Chair, 2018 - 2020). Member, State Bar of Arizona Committee on the Rules of Professional Conduct (2005 - 2013; Chair, 2011 - 2013; Vice-Chair 2009 - 2011). Member, Executive Council, State Bar of Arizona Alternative Dispute Resolution ("ADR") Section (2017 - 2019). Member and Workgroup Chair on the Arizona Supreme Court's Civil Justice Reform Committee (2016-2017). Member and Workgroup Chair on the Arizona Supreme Court's Task Force on the Arizona Rules of Civil Procedure (2014-2016). Member of the Arizona Supreme Court's Committee on the Rules Governing Professional Conduct and the Practice of Law (2014-2015).

"Important Changes to Arizona's Rule 11, Change of Judge Procedures, Rules on Judgments, and Trial Procedures," Co-Author (with Hon. Mark Moran), Arizona Attorney Magazine (December 2016); Editorial Board Chair and Contributing Author, Arizona Legal Ethics Handbook (Third Edition June 2015); Speaker, "Where the Rubber Meets the Road: How the 2017 and 2018 Civil Rules Changes are Impacting Litigation" (January 2019, State Bar of Arizona); Speaker, "The New Civil Rules: What Probate Practitioners Should Know" (Probate Section, AZ State Bar, October 2018); Speaker, "Not so Stranger Things: Becoming Acquainted with Arizona's New Civil Rules" (2018 Arizona State Bar Convention); Speaker, "Proportionality Takes Center Stage: The 2018 Revisions to the Arizona Rules of Civil Procedure" (March 2018 Scottsdale Bar Association; May 2018, Arizona Women Lawyer's Association); Speaker, "2018 Civil Practice & Procedure Symposium: Developing the Case--Disclosures/Discovery/Civil Justice Reform Amendments" (April 2018, State Bar of Arizona); Speaker, "Better, Faster, Cheaper: Case Management Reforms Coming to a Court Near You" (2017 CLE By the Sea, Coronado, CA); Speaker, "Meet the New Rules: The Restyled Arizona Rules of Civil Procedure" (2017 CLE By the Sea, Coronado, CA); Speaker, "Under New Management: Case-Management Reform Rule Changes" (2017 Arizona State Bar Convention, Tucson, Arizona); Speaker, "A Time of Change: The 2017 ARCP Revisions, and Proposals for 2018" (Arizona State Bar Midyear Rules CLE, January 2017); Speaker, "A Call to Reform," Arizona Judicial Counsel, Court Leadership Conference (Flagstaff, Arizona, October 2016); Speaker, "Where We're Going, We Still Need Rules," Program Co-Chair and Panelist (2016 Arizona State Bar Convention, Phoenix, Arizona); Editorial Board Chair and Contributing Author, Arizona Legal Ethics Handbook (3d Ed. 2015). Speaker, Proposed Amendments to Ariz. R. Civ. P. 56 on Summary Judgment (2011 State Bar Convention, Phoenix, Arizona); Panel Presenter and Co-Chair, Improving Your Legal Practice (State Bar of Arizona Leadership Institute, 2007-11); Panel Presenter, State Bar of Arizona Ethics Cafe (2009) Speaker, Construction Litigation in Arizona (2008 Lorman Education Seminar, Phoenix, Arizona); Speaker, Breaking the Mold: Recent Trends in Mold Litigation (2004 Building Industry Conference & Expo, Phoenix, Arizona).

Parties will not be charged travel expense for proceedings in Arizona.

Hourly Rate: $550.00 Daily Rate: Not provided Study Rate: $550.00/hr Cancellation: $550.00/Day Cancellation Period: 7 Days Comment: No charge for travel time or travel expenses for mediations in Arizona. Mediator is based in Southern Arizona but travels frequently to metropolitan Tucson and Phoenix. Travel time at the rate of $250.00 per hour and reasonable travel expense will be charged for mediations held outside the State of Arizona. A mediation day is billed at a minimum of eight (8) hours. If a mediation is cancelled less than 7 days before it is scheduled to take place, a cancellation fee of $550.00 will be charged, along with any non-refundable travel and lodging expenses already incurred at the time of cancellation.

English

United States of America

Bisbee, Arizona