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Mediator Resume

Rosemary A. Macero, Esq.

Rosemary A. Macero, Esq.

Current Employer-Title

Macero Law, PC – President

Profession

Arbitrator, Attorney, Mediator, Executive and Educator

Work History

President, Macero Law PC, 2012 – Present; President, Macero and Associates P.C., 1996 – 2012; Associate, Morrison, Mahoney and Miller, 1991- 1996; Associate, Posternak Blankstein and Lund, 1990 – 1991; Special Assistant Attorney General, Commonwealth of Massachusetts, Department of Labor and Industries, 1988 – 1990; Associate, Smith Levenson and Smith, 1986 – 1988; Associate/Law Clerk, Law Offices of Edward J. Barrett, 1984 – 1986.

Experience

Construction Contracts including AAA Contracts, Change Orders, Substantial Performance, representing General Contractors, Subcontractors, Specialty Subcontractors, Owners, Architects and Engineers. Projects from large commercial construction - court houses, academic and public buildings, residential multi-family and construction and renovation. Condominiums Fiduciary Duty, Unit Owner, Management and Board Disputes, Insurance, Construction, Elections. Representing Boards, Unit Owners, Management Companies and outside Contractors. Real Estate Adverse Possession, Property Line, Zoning, Realtor Fee and Performance claims and Contract Disputes, Neighbor Disputes including Noise, Nuisance and Encroachment, Title claims, Residential closings, Specific performance, covenants, easements, foreclosures, and land registration. Environmental – Chemical Spills, Chemical Disposal, Toxic Exposure to Land, Water, Air and Cancer Causation, Clean Air, Clean Water and Superfund, Brown Fields, Storm Surge and Climate Change. Wetlands and zoning, hazardous waste, toxic torts and federal and state cost recovery actions; product analysis, industrial hygiene. Probate and Estate Matters Inter-family, generational disputes related to Real Estate and Family Member Buyouts, Trusts, Accounts, Claims Against Estates, and Conservatorship issues, Medicaid issues. Partnership and Closely-Held Business disputes Work load, valuations, dissolutions and restructuring. Commercial Real Estate Commercial leases, Lease breach, Security Deposits, Tenant Fit up and Bankruptcy Product Liability Industrial, chemical and consumer products and class actions, auto recalls, defects and auto warranty claims. Labor and Employment Wage Act, Wage and Commission disputes, Fair Labor Standards Act and Minimum Wage, Executive Compensation, Discrimination in hiring, firing and wrongful termination cases. Professional Liability Attorney, Architect, Engineer, Surveying Insurance and Insurance coverage General liability, worker’s compensation, environmental coverage, fire loss and Condominium coverage. Product liability, errors and omissions, directors and officers of profit and non-profit corporations. Public Bid Contests Bid disputes between Awarding Authorities and Contractors and Service providers.

Mediator Experience

Mediator in a wide variety of cases ranging from construction contract disputes, condominium disputes, contract claims, and personal injury cases.

Representative Issues Handled as a Mediator

Issues of maintenance, accounting, insurance, and value.

Mediator Style & Process Preferences

I believe that for any mediation to work, the parties need to have a full and fair opportunity to have their grievances aired and understood. It is the mediator’s role to provide that space and opportunity to the parties and their counsel. In this way, the parties can fully participate and gain control over the dispute. Through the fostering of an open and respectful environment, common ground and common interests can be developed. Through the development of these commonalities, agreement and resolution can be fostered and achieved.

Technology Proficiency

Proficient with Zoom and GoToMeeting for multiparty use. Hearings, conferences and scheduling can be conducted using these platforms and also telephonically. Experience with Electronically stored Information including: Emails, Digital Documents: Word documents, spreadsheets, videos, image files, sound recordings, and business contracts created using dedicated software; Computer Data: Information stored on a user’s desktop computer, a company server, or a computer system; Hard Drive Data: Any data stored on a hard drive; Cloud Applications: Information stored in cloud services, such as Google Drive or Dropbox; Mobile Data: metadata or messages from a cell phones. Proficient with software programs, such as project management, payroll, learning management systems (LMS), accounting and financial, design and drafting, contract management, time and billing, among others, in this section.

Education

Case Western Reserve University (JD - 1984); Tufts University (BA - 1981).

Professional Licenses

Admitted to the Bar: Massachusetts (1985); U.S. District Court: District of Massachusetts (1985) New York 1988); Northern District of New York (1988) New Hampshire (1997); District of New Hampshire (1997) Vermont (2005); District of Vermont (1999) Rhode Island (2003) Pro hac vice: Maine, New Jersey, District of Columbia, Maryland, and U.S. District of Pennsylvania

Professional Associations

Massachusetts Bar Association, Civil Litigation Section Council New Hampshire Bar Association Rhode Island Bar Association National Association of Women in Construction (NAWIC) Boston Chapter. MASSACHUSETTS BAR ASSOCIATION -Primer of Mediation, May 2024 -Panelist- Commercial Real Estate Litigation, March, 2021 -Chairperson and Panelist- Primer on Mediation and Arbitration, July, 2020 -Panelist -Corporate Depositions, January, 2019 -Co-Chairperson – AudioVisual Depositions under the New Rule 30, January, 2018.

Recent Publications & Speaking Engagements

PUBLICATIONS Superior Court Rule 20- What Is It and How Does It Work – With Focus On Subpart H, MBA Civil Litigation Section, July 2020 Out of State Discovery and the Uniform Interstate Deposition and Discovery Act, MBA Civil Litigation Section, May 2019 My Home is a War Zone, Condo Media Magazine, 2019. What Is Mediation Anyway and Why Will It Help Me?, Condo Media Magazine 2013 When Replacement Insurance Doesn’t Pay To Replace Your Building Damage, Condo Media Magazine, 2010 Dispute Resolution without Litigation, Don’t Make the Lawyers Rich, Condo Media Magazine, 2007 Condo Media Magazine Employer Beware: Do You Have Insurance Coverage for Employment Claims, Introduction of Insurance Law, Understanding the ABC’s, April 1999. Evaluation of Damages, The Defense Perspective, Massachusetts Continuing Legal Education, Personal Injury Basics, March, 1997. Junk Science: Truth or Witchcraft, Morrison, Mahoney and Miller, Seminar Article, April 1994. SPEAKING ENGAGEMENTS Mass. Bar Association Primer on Mediation May 2024 Commerical Real Estate -2021 Corporate Depositions - 2019

Locations Where Parties Will Not be Charged for Travel Expenses

Under 25 miles only parking and toll charges.

Compensation

Hourly Rate: Not provided Daily Rate: $4,500.00 Study Rate: $450.00/hr Cancellation: $750.00/Day Cancellation Period: 2 Days Comment: Compensation rates, established by the AAA, are set forth in the applicable Consumer Mediation Procedures.

Languages

English; Spanish

Citizenship

United States of America

Locale

Boston, Massachusetts