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Mediator Resume
Elaine A Caprio, Esq.
Professional Summary
Available for in-person hearings and fully available to travel nationwide for arbitration and mediation assignments, including multi-day and complex proceedings. A property & casualty insurance lawyer and re-insurance company executive and officer with over 35 years of experience forging resolutions to U.S. and international business disputes through negotiation, litigation, arbitration and mediation. Served or serving nationwide as a party appointed arbitrator, umpire, sole or emergency arbitrator for 80 matters. The arbitrations involve consumer matters, contract matters, banking, insurance, and reinsurance matters. Served or serving as a mediator for 25 consumer matters, achieving an eighty percent success ratio.
Current Employer-Title
Caprio Consulting & Coaching, LLC - President and Founder
Profession
Attorney, Arbitrator, Mediator, Consultant, Chief Reinsurance Officer
Work History
President, Caprio Consulting LLC, 2014 - Present; Chief Reinsurance Officer, R&Q Re in Liquidation, 2023 - Present; Vice President and Manager of Corporate Procurement, Liberty Mutual Insurance, 2012 - 2014; Vice President and Manager, Ceded Reinsurance, 2007 - 2012; Counsel and Senior Corporate Counsel, Liberty Mutual Insurance, 1989 - 2007.
Experience
As Founder and President of Caprio Consulting LLC, provide insurance and reinsurance consulting as well as alternative dispute resolution services. Served or serving as party appointed, umpire or sole arbitrator for 80 matters involving contract, consumer, banking and insurance and reinsurance disputes. Act as the Chief Reinsurance Officer of R&Q Reinsurance Company in Liquidation (“R&Q Re”), assisting the Commonwealth of Pennsylvania Insurance Commissioner as Statutory Liquidator in the valuation of R&Q Re proofs of claim, and with recovering and commuting ceded reinsurance. Served as a mediator for 25 consumer matters, achieving an 80% success ratio.
As Vice President and Manager of Ceded Reinsurance for Liberty Mutual, saved $100 million on reinsurance programs, improved contract wording for property and casualty reinsurance treaties and facultative certificates, mitigated credit risk, established risk tolerance and purchased cost effective business unit and corporate reinsurance contracts, including treaties, swaps and catastrophe bonds. Set group-wide reinsurance standards for reinsurer selection, reinsurer collateral, reinsurance contract administration, and broker performance.
As Vice President and Manager of Corporate Procurement for Liberty Mutual, transformed a decentralized procurement, sourcing and supplier management operation. Restructured department to support business units, adding finance, project management, and operational, lean and legal expertise. Achieved over 200% increase in procurement savings year over year.
As Senior Corporate Counsel for Liberty Mutual, advised departments worldwide on ceded or assumed facultative, treaty and retrocessional reinsurance matters. Provided legal advice regarding credit risk, collateral quality, reinsurance contracts and reinsurance accounting issues. Handled reinsurance arbitrations, analyzed reinsurance coverage issues, drafted and negotiated reinsurance-related contracts. Advised on insolvencies and schemes of arrangement. Handled and resolved high exposure coverage claims, litigation and reinsurance recoveries. Managed large loss products and non-products pollution, toxic tort, silica and asbestos disputes and bad faith claims.
Mediator Experience
Experience with mediating AAA consumer cases; Meditated 25 cases for Mediation Works Incorporated and for The Resolution Center from 2018 to the present; achieving 80% success ratio. Acted as a consumer case mediator for the Woburn and Dedham Courts from 1998 to 2007.
Representative Issues Handled as a Mediator
Significant experience in the following areas:
Consumer Matters
General Contract Disputes
Property & Casualty Insurance and Reinsurance
Mediator Style & Process Preferences
I practice both the facilitative and evaluative styles of mediation. For me, no case is one size fits all. I determine from preparing for the mediation which style, or combination of styles, will maximize the potential for a possible resolution. Notwithstanding the style used, my focus is on facilitating negotiation between the parties.
I believe that it is important for the mediator to be friendly, calm, curious, unbiased and patient so that both parties can recognize the potential that can result from mediation. Although the service I provide is to help people focus on the future, not the past, I believe it is critical that each party has a full opportunity to express their views regarding the facts and the dispute to the mediator and to the other side.
It is the mediator’s job is to ensure that everyone has the best information available. I encourage and expedite direct communication between the sides. Sometimes that involves counsel only, and other times both counsel and their clients. I do not believe that a mediator should act like a lawyer and negotiate for a party. It is the counsel’s job to represent their client, and the mediator to create an environment in which counsel can do the best, most effective job of negotiating for the client.
Technology Proficiency
Claude, Microsoft Word, Microsoft Excel, Microsoft PowerPoint, Zoom Hearings.
Education
Suffolk University Law School (JD, cum laude - 1989); Providence College (BA, magna cum laude - 1986).
Professional Licenses
Admitted to the Bar: Massachusetts (1989); U.S. District Court: District of Massachusetts (1990); U.S. Circuit Court of Appeals: First Circuit (1990).
Professional Associations
ARIAS-U.S. Certified Arbitrator and Mediator; Member of the ARIAS-US Artificial Intelligence Task Force
AIRROC Member of the Board of Directors; Co-Chair of Governance Committee
The Resolution Center; Consumer Mediator
Recent Publications & Speaking Engagements
ARIAS-U.S.: 2023 Education Seminar: “How Reinsurance Arbitrations Have Changed In A Post Pandemic World;” 2023 Spring Conference: “Arbitrator Disclosures: Too Restrictive? Too Lax? Just Right?” 2024 Spring Conference: "How Should Arbitrators Address The Potential For Settlement With The Parties?" 2024 Fall Conference: "Artificial Intelligence: Shaping the Future of Dispute Resolution." 2025 Fall Conference: "Draft Rules for the Use of A.I. Tools in ARIAS*U.S. Arbitrations."
Massachusetts Insurance & Reinsurance Bar Association: 2022 Spring Symposium Moderator: “Reinsurance Hot Topics.” December 2023 Fall Symposium Moderator: "The Emerging Use of A.I. in the Insurance and Legal Industry."
2026 AIRROC Summer Conference Panel Member: "Mediating Reinsurance Cases: Does It Work?"
Locations Where Parties Will Not be Charged for Travel Expenses
Boston, Massachusetts
Compensation
Hourly Rate: Not provided
Daily Rate: $4,000.00
Study Rate: $400.00/hr
Cancellation: Not provided
Cancellation Period: Not provided
Comment: Compensation rates, established by the AAA, are set forth in the applicable Consumer Mediation Procedures.
Languages
English
Citizenship
United States of America
Locale
Lynnfield, Massachusetts
