Mediator Resume

Judicial experience as a United States Magistrate Judge. Presided as the trial judge in civil bench and jury trials. Service as a Special Master in federal court matters. Known for the ability to make timely decisions and actively manage matters. As a 30-plus-year practitioner for high value and complex cases, known as a first-chair trial lawyer with the ability to parachute in and manage difficult situations. Presently focused on ADR matters with no active trial docket as a practitioner to interfere with ADR practice. Practice is supported by a full-time attorney and former federal law clerk who provides legal and case management support, adding capacity for efficient management of complex matters.

James D. Thomas Law Co. - President James D. Thomas Consulting Co. - President

Arbitrator, Mediator, Special Master, Court-Appointed Neutral, and Expert Witness

President, James D. Thomas Law Co., 2018 - Present; President, James D. Thomas Consulting Co., 2018 - Present; Partner, Vorys, Sater, Seymour and Pease LLP, 2014 - 2018; Partner and Global Litigation Practice Group Leader, Squire Sanders & Dempsey (now Squire Patton Boggs), 1999 - 2014; United States Magistrate Judge, U.S. District Court for the Northern District of Ohio, 1995 - 1999; Associate, Squire Sanders & Dempsey, 1989 - 1995; Law Clerk to the Honorable David D. Dowd, Jr., U.S. District Court for the Northern District of Ohio, 1987 - 1989; Law Clerk, Law Offices of David J. Cooper, P.C., 1985 - 1987 (plaintiff personal injury firm).

As a practitioner, lead trial counsel in complex commercial litigation and arbitration representing clients on both sides of the “v” in sophisticated business disputes. Matters have involved breach of contract, fraud, business torts, fiduciary duties, shareholder and partnership disputes, professional services disputes, financial and financing disputes, insurance related matters, and complex damages. As a United States Magistrate Judge, presided over a substantial civil consent docket involving commercial disputes. As Global Litigation Practice Group Leader, advised on major litigation and arbitration matters involving strategy, procedure, case presentation, risk assessment, and commercial judgment. Court-appointed neutral experience includes service as a Special Master, receiver, and mediator. Special Master work has included management of discovery and scheduling disputes, conferences with counsel, real-time supervision of a Rule 30(b)(6) deposition, issue tracking, case-management procedures, summary rulings, and written discovery orders. Areas of expert witness work have included attorney standard of care and claims of alleged malpractice. Retained as expert by a major medical provider to opine and explain United States court procedure, jurisdiction, choice of law, remedies, costs, and litigation timing in connection with judicial proceedings outside of the United States. Construction Disputes. Lead trial partner in a “master class” construction arbitration involving an international construction company, claims exceeding $100 million, and more than 70 days of contested evidentiary hearings over multiple phases. Claims of delay, acceleration, compressed schedules, disruption, productivity and inefficiency, scope of change orders, scheduling analysis, competing expert opinions, and complex damages issues. Restructuring Disputes. Lead litigation partner in multiple significant Chapter 11 debtor and distressed-business matters involving approximately $250 million to $1.2 billion in debt obligations. Most notably, served as lead litigation partner for the debtor in In re Baptist Foundation of Arizona, then the largest nonprofit bankruptcy in United States history. Devised and led “reverse class action” litigation to facilitate the liquidating trust structure. Experience includes all facets of contested evidentiary hearings, creditor and stakeholder disputes, fraudulent-transfer and contract claims, valuation and damages issues, financial and accounting experts, emergency relief, multi-party proceedings, and compressed bankruptcy case management schedules. International Disputes. Experience involving international commercial relationships, foreign parties, cross-border business disputes, governing law and forum issues, foreign litigation and parallel proceedings, trade secrets, confidential information, commercial contracts, and attorneys’ fees and costs. As Global Litigation Practice Group Leader at Squire Sanders, advised on litigation strategy, procedure, and case presentation in complex commercial matters involving international parties and cross-border issues. Employment Agreements. Experience involving executive employment and consulting agreements, compensation, incentives, severance, restrictive covenants, non-solicitation, confidentiality, bonus repayment, lost profits, injunctive relief, and related business disputes. Representative experience includes restructuring and negotiating a multi-year employment and compensation agreement for the president of a major university. Court-appointed mediation experience includes disputes involving former employees, restrictive covenants, bonus repayment obligations, and alleged lost profits.

As a United States Magistrate Judge, frequently served as a mediator and settlement judge in a range of civil cases.

I approach mediation as an objective, third-party neutral whose first responsibility is to help create a process that counsel and the parties can trust. Mediator preparation and careful listening are essential. My process is a tailored one - treating each case on its own merits. For example, I do not follow a rigid format/process or require “template” submissions in advance of the agreed upon mediation session. My usual process begins, time permitting, with a review of existing background materials such as pleadings, orders, prior filings, or other writings exchanged between the parties. This allows me to understand the dispute without requiring counsel to incur fees preparing general background briefs. After this initial review of materials, I conduct separate calls with counsel to hear perspectives directly, test my understanding, and identify issues that may benefit from focused confidential submissions. The benefit of these calls is that I can get a sense of the dispute and with questions at hand, flush out as many issues in advance of mediation statements and the mediation itself. After those calls, I typically ask the parties to submit confidential mediation statements covering only those areas that I believe will help advance the discussion when the mediation date arrives. I do not use boilerplate mediation-statement topics. The goal is to arrive on mediation day prepared to spend time on the obstacles to resolution, not a “tell me about” your case discussion. On mediation day, I rarely open with a plenary session for the exchange of each party’s views unless counsel both agree and request that approach. My experience as a trial lawyer, judge, and mediator is that these opening plenary sessions often are not the most productive use of the parties’ time. Once in session, I do not follow a rigid back-and-forth format. I spend the time needed with one party before moving to the other, while keeping counsel apprised of the process and my whereabouts on where I stand in the “shuttle diplomacy” phase of the mediation session. I reserve the mediation day for the matter and I do not schedule other calls or take extended breaks to attend to the other matters. I expect counsel and the parties to do the same. The goal of every session is to secure an agreed upon resolution by the end of the day. If the matter does not resolve on mediation day, I stay engaged for a brief period of time to see whether the passage of time creates openings for further discussion. In my experience, many matters resolve shortly after mediation day. As a final note, I am comfortable, when appropriate, with providing a mediator’s proposal or evaluation during or after mediation. Not all mediations allow for the full process outlined here and I am flexible in tailoring or expediting the process as the matter requires.

Proficient in the use of technology to support efficient administration, organization, and presentation of arbitration and mediation proceedings, including virtual and hybrid hearings, document intensive records, multi-party matters, and ESI issues. Frequently utilizes arbitrator-prepared demonstratives and visual aids to organize and share information with counsel during oral argument and hearings. Works with counsel and parties to tailor technology, submissions, confidentiality protocols, and hearing procedures to the needs of each matter.

University of Toledo College of Law (JD, cum laude - 1987, Editor-in-Chief, Law Review); Adrian College (BA - 1984). Harvard Business School Executive Education (Finance for Senior Executives - 2012) (immersive week-long program including capital structuring, financing, and valuation issues).

Admitted to the Bar: Ohio (1987), Florida (2009); U.S. District Court: Northern and Southern Districts of Ohio, Eastern and Western Districts of Michigan; U.S. Court of Appeals: Fifth, Sixth, and Federal Circuits; U.S. Supreme Court.

Academy of Court-Appointed Neutrals; United States Magistrate Judges Association; Sixth Circuit Judicial Conference, Life Member.

Panelist, “Ask an Arbitrator,” ACI 17th Annual Advanced Forum on Managed Care Disputes and Litigation, Chicago, 2026 (arbitration best practices). Article, Characteristics of an Effective Arbitrator, March 22, 2023. Additional publications and speaking engagements are available at jamesdthomas.com/news-insights/.

Miami, FL Chicago, IL New York, NY Columbus, Cleveland, Cincinnati, OH

Hourly Rate: $725.00 Daily Rate: Not provided Study Rate: $725.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: Travel expenses charged separate from hourly rate.

English

United States of America

Columbus, Ohio