Mediator Resume

After more than seven years as an Arizona Superior Court judge and more than 30 years of experience, practice focuses on trial and appellate matters. Regularly works with parties to mediate resolutions, both before and after litigation commences. Able to offer unique perspective on likely jury reactions and trial probabilities.

Osborn Maledon, P.A. - Member

Attorney, Retired Superior Court Judge

Member, Osborn Maledon P.A., 2022-Present; Judge, Arizona Superior Court - Maricopa County, 2015-2022; Partner/Associate, Bryan Cave LLP, 2000-2015; Associate, Squire Sanders & Dempsey LLP, 1999-2000; Associate, Teilborg Sanders & Parks P.C., 1996-1998; Law Clerk to Hon. Edward C. Voss III, Arizona Court of Appeals, 1995-1996.

Current trial practice focuses on complex commercial litigation, product liability, and election matters. Regularly serve as an arbitrator on the AAA panel in commercial, healthcare payor, and other disputes. Also serves as a court-appointed special master to resolve discovery disputes or other discrete issues. As a trial judge, presided over hundreds of jury trials, bench trials, evidentiary hearings (e.g., preliminary injunctions), and oral arguments. Civil trials included commercial torts, consumer fraud, contract, professional malpractice, and personal injury claims.

Since leaving the bench in 2022, routinely serves as a neutral to assist parties find negotiated resolutions. Most matters tend to involve commercial disputes, such as business divorces, unfair competition, RICO and other statutory claims, and contract matters. Other subject areas include professional malpractice and personal injury/wrongful death.

Business divorces are frequent matters, as those particularly benefit from negotiated resolutions. Those include stock subscriptions, investments in LLCs, earn-out provision disputes, and corporate control issues. Other recent representative matters include a construction defect claim regarding a project in Gilbert, Arizona; a commercial lease dispute regarding property in Chandler, Arizona; and a Phoenix-based dispute over covenants not to compete and employee departures to a competing financial services firm.

I prefer mediation statements a week in advance to leave time to analyze the information and to speak with counsel separately before the mediation. My mediation style is pragmatic, analytical, and solution-oriented. I focus on helping parties make informed decisions by evaluating the real-world risks, costs, and probabilities associated with continued litigation and trial. Drawing on my litigation experience, I work with counsel and clients to assess the strengths and vulnerabilities of each side’s claims and defenses, the likely range of outcomes, and the economic and strategic implications of proceeding further. I view mediation as a decision-making process, not just a negotiation exercise. To that end, I encourage candid discussions about risk tolerance, litigation expense, timing, and business or personal objectives. Where helpful, I provide direct, reality-tested feedback grounded in legal and practical considerations, while respecting each party’s perspective and autonomy. At the same time, I aim to move beyond positional bargaining by helping parties identify interests and opportunities that may not be immediately apparent. This often includes exploring creative or non-monetary solutions, structuring agreements to address future contingencies, and reframing disputes in ways that open paths to resolution. My process is flexible and tailored to the needs of the case and the participants. I am comfortable using a facilitative approach, an evaluative approach, or a combination of both, depending on what will be most effective. I work to maintain momentum throughout the mediation, while ensuring that parties have the information and space they need to make thoughtful decisions. My goal is to create an environment where parties can realistically assess their options, consider alternatives they may not have previously explored, and reach durable, informed resolutions.

University of Notre Dame (JD, cum laude-1995); Arizona State University (BS, summa cum laude and Phi Beta Kappa-1992).

Admitted to the Bar: Arizona (1995).

Federal Bar Association; American Bar Association; Maricopa County Bar Association; member of the State Bar of Arizona Civil Jury Instruction Committee; former member of State Bar of Arizona Civil Practice & Procedure Committee.

Speaker, “Thoughts on Rule 11,” State Bar of Arizona, June 15, 2023; Panelist, “One Year Later: How Voir Dire has Changed After the Elimination of Peremptory Challenges,” State Bar of Arizona, January 18, 2023; Speaker, “Ethical Issues for In-House Lawyers: What Judges Might See,” Association of Corporate Counsel, September 27, 2022; Panelist, “Working With Expert Witnesses in Litigation,” Maricopa County Bar Association, September 23, 2022; Panelist, “Professional Courtesy and Litigation,” Arizona Association of Defense Counsel, September 22, 2022; Panelist, “Judges’ Round Table on E-Discovery,” Women in E-Discovery, August 18, 2022; Panelist, “Effective Advocacy for Construction Lawyers,” State Bar of Arizona, 2022; Speaker, Advanced Legal Research, Arizona State University College of Law, 2022; Panelist, “What Does Jury Selection Look Like During a Pandemic,” JuryScope CLE presentation, 2020; Guest Speaker, “Tips for Trial Practitioners During the Pandemic,” Thurgood Marshall American Inn of Court, 2020; Panelist, “Civility in the Practice,” ABA Tort Trial and Insurance Practice Section Mid-Year Meeting, 2020; Lecturer, State Bar of Arizona Professionalism Course, 2018.

No travel charges within the Phoenix, Arizona, metropolitan area.

Hourly Rate: $605.00 Daily Rate: Not provided Study Rate: $605.00/hr Cancellation: $2,000.00/Day Cancellation Period: 2 Days Comment: May charge 20 cents per page to print voluminous materials (>100 pages).

English

United States of America

Phoenix, Arizona