Mediator Resume

Loves helping parties resolve disputes, knowing it can save them thousands of dollars, time, and significant emotional distress.

Russ Fagg and Associates, PLLC – Owner

Arbitrator, Attorney, Mediator, Retired State District Court Judge.

Owner, Russ Fagg and Associates PLLC, 2017 – Present; District Court Judge, State of Montana, 1995 – 2017; Deputy Yellowstone County Attorney, State of Montana, 1993 – 1995; City Prosecutor, City of Billings, 1990 – 1993; Sandall Cavan Smith and Grubbs Law Firm (A-V rated), 1987 – 1990; Law Clerk, Montana Supreme Court, 1986 – 1987.

During a distinguished 22-year career on the bench, conducted approximately 200 jury trials, 4,500 non-jury trials, and over 12,000 hearings. As an attorney, tried over 100 jury trials and over 1,000 non-jury trials. Three times appointed Chief Judge of the 13th Judicial District. During career as a Judge handled approximately 25,000 cases, including complex civil litigation, constitutional law, commercial, banking, contract, employment, construction, real estate, negligence, professional malpractice, products liability, insurance coverage, health care law, and a multitude of other claims. Have mediated hundreds of cases and arbitrated dozens of cases.

Mediated over 500 cases, including civil negligence, construction, real estate, estate, family, professional negligence, insurance coverage, conversion, contract disputes, and other assorted issues. Mediated approximately 20 cases as counsel for litigants. Mediated numerous multi-party cases. As a district court judge for 22 years, accustomed to tackling difficult cases, and making decisions. In handling over 25,000 cases typically made and rendered a decision within two weeks after the issue or case was submitted to the Court. Currently mediate two to three cases per week.

The purpose of mediation is to save the parties money, get to a solution, and let the parties move on. My job as a mediator is to get them there. I do this by letting the parties, first, tell their stories, second, put that story into context to allow the parties to see the best path forward to achieve settlement, and third, make sure a written settlement agreement is signed before the mediation is finished. A mediator is part judge, part lawyer, part counselor, and part fellow traveler, depending on what is needed. A mediator must be creative, including assessing the case, med-arb proposals (high, low, baseball, etc.) and consider non-monetary solutions. A mediator must also be willing to work late, be available later for settlement discussions, and never give up until the parties do. I am a middle child and have been mediating my entire life. As a judge handling over 25,000 cases, I bring a unique perspective to mediation solutions.

Competent in computer usage, Zoom, etc.

University of Nevada-Reno, National Judicial College (MJS-1999); University of Montana (JD-1986); Whitman College (BA Economics-1983).

Admitted to the Bar: Montana (1986); U.S. District Court: District of Montana (1986); U.S. Court of Appeals: Ninth Circuit (1989).

Consults with accountants, real estate appraisers and agents, fellow attorneys, and others as necessary, with the permission of the client.

Has spoken at 15-20 CLE events, and dozens of civic groups over the years.

Billings, MT

Hourly Rate: $500.00 Daily Rate: Not provided Study Rate: $400.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: Day rate of $4,000/day. Includes overnight as needed. Available to serve nationally. Will be flexible depending on the case to assist the parties make the mediation process financially feasible.

English

United States of America

Billings, Montana