Mediator Resume

Highly experienced trial lawyer with over 30 years experience representing individuals and companies both as plaintiffs and defendants in state and federal court. Proficient in litigating complex cases many with substantial damages and handling multi-party litigation. Active appellate practice having prepared over 60 appeals, arguing most.

Ad Hoc Law, LLC d/b/a Guinan ADR - Owner

Attorney, Civil Litigator, Arbitrator, Mediator

Owner, Ad Hoc Law, LLC d/b/a Guinan ADR, 2024 - Present; Senior Partner, Governmental Law LLC, 2021 - 2025; Senior Partner, Erickson | Sederstrom, 1998 - 2021; Deputy County Attorney, Douglas County Civil Division, 1995 - 1998; Omnium LLC, 1993 - 1995.

Represented clients across a wide range of industries, including construction, telecommunications, trucking, road construction, healthcare, real estate, insurance, and government. Experience includes representing both plaintiffs and defendants in complex matters in federal and state courts, including the U.S. District Court for the District of Nebraska, Southern District of New York, Northern District of Illinois, Southern District of Iowa, and courts in Nebraska, Iowa, California, Texas, New York, and Missouri. Maintains a substantial appellate practice before the Eighth Circuit Courts of Appeal, as well as the Nebraska Supreme Court and Nebraska Court of Appeals, having prepared and handled more than 60 appeals, with oral argument presented in approximately two-thirds of those matters. Commercial Litigation: Extensive experience litigating large, complex commercial disputes before judges, juries, administrative agencies, and arbitrators requiring detailed factual and legal analysis. Regularly handled disputes involving closely held businesses and complex commercial relationships that sought a full spectrum of remedies, including declaratory and injunctive relief, as well as multimillion-dollar damages on behalf of businesses and individuals. Litigation experience encompasses breach of contract, breach of fiduciary duty, breach of confidentiality, misappropriation of trade secrets and confidential information, employee versus independent contractor liability, promissory estoppel, fraud in the inducement, tortious interference, business dissolution, member dissociation, deceptive trade practices, unfair competition, antitrust claims, tort liability, and challenges involving government regulation. Construction Litigation: Substantial experience representing general contractors, subcontractors, owners, and other project participants in disputes arising from commercial, residential, and civic construction projects. Construction litigation has spanned the full range of industry issues, including critical path and delay analysis, general conditions, standard specifications, Federal Acquisition Regulations (FAR), Manual on Uniform Traffic Control Devices (MUTCD) compliance, Occupational Safety and Health Administration (OSHA) requirements, substantial completion, construction defects, payment and lien disputes, delay and disruption damages, liquidated damages, value engineering disputes, scope of work and scope changes, change orders, bidding documents, and warranty claims. Matters have involved large-scale, ground-up projects such as office buildings, parking structures, and interstate highway construction; medium-scale infrastructure projects including sewer separation, roadway expansion, and recreational facilities; and small-scale renovation and residential construction projects. Frequently, litigated construction defect claims and workplace incidents that gave rise to related tort litigation involving owner or general contractor liability, scope of control over independent contractors, workplace safety obligations, duty, proximate cause, and efficient intervening cause. Employment Litigation: Represented both employers and employees in a broad range of employment-related disputes, including claims of discrimination, Americans with Disabilities Act (ADA), ADA Amendments Act (ADAAA), Age Discrimination in Employment Act (ADEA), Title VII of the Civil Rights Act, and the Family and Medical Leave Act (FMLA), as well as claims for harassment, wrongful termination, and retaliation. Has litigated executive employment contract disputes, non-compete and non-solicitation covenants, at-will employment issues, and constructive discharge claims, and regularly handled cases involving self-represented litigants. Serves as Chairperson of the Nebraska State Personnel Board, hearing employee grievance appeals.

Results-driven mediator with a demonstrated success rate exceeding 80% in resolving complex commercial disputes. Brings extensive experience mediating a broad spectrum of matters, including commercial and residential construction disputes, business separations and dissociations, commercial contract and franchise rule claims, commercial lease disputes, business litigation involving contracts, fraud, breach of fiduciary and loyalty duties, and minority shareholder oppression and insurance disputes. Regularly selected to handle cases involving substantial claimed damages, sophisticated legal issues, and complex multi-party dynamics. Known for a pragmatic, business-minded approach that emphasizes careful preparation, thorough understanding of the factual and legal issues, and strategic negotiation aimed at achieving durable, mutually acceptable resolutions. Brings a calm, even-handed presence to contentious matters and works effectively with counsel and parties to overcome impasse. Valued by counsel and parties alike for maintaining neutrality, managing risk, reducing litigation costs, and helping parties move past impasse to close difficult cases. Why Choose This Mediator • Proven Results: Resolves more than 80% of mediated cases, including complex, high-exposure disputes. • Go-To for Hard Cases: Regularly selected for multi-party matters and cases involving substantial damages. • Prepared and Practical: Comes to mediation with a strong grasp of the facts, law, and business realities. • Litigation-Savvy: Helps parties realistically assess risk and likely outcomes. • Efficient and Neutral: Keeps mediations focused, balanced, and results-driven. • Breaks Impasse: Skilled at moving parties beyond entrenched positions to close deals.

Successfully mediated a wide range of complex commercial, construction, employment and insurance disputes. These mediations have involved both individual claimants and sophisticated business entities, often requiring careful balancing of legal risk, economic exposure, and practical business considerations. Commercial & Contract Disputes Successfully mediated disputes involving commercial agreements such as franchise agreements, real estate purchase agreements, lease agreements, and service contracts. Additional disputes include breach of fiduciary duty, breach of confidentiality, misappropriation of trade secrets and confidential information, employee versus independent contractor, promissory estoppel, fraud in the inducement, tortious interference, business dissolution, member dissociation, derivative actions, deceptive trade practices, unfair competition, anti-trust, tort liability, will contests, trust disputes, and government regulation. Emphasizes understanding both the legal and business context of disputes, helping parties explore creative, durable solutions beyond strict legal remedies. Construction & Real Estate Mediated disputes involving contractors, subcontractors, owners, and developers across commercial, residential, and public works projects. Cases have included construction defects, critical path analysis, general conditions, standard specifications, Federal Acquisition Regulations (FAR), Manual on Uniform Traffic Control Devices (MUTCD), Occupational Safety and Health Administration (OSHA), substantial completion, construction defects, payment disputes, delay damages, liquidated damages, value engineering, scope of work, scope of changes, change orders, bidding documents and warranties. Disputes have encompassed large-scale ground up projects such as office buildings, parking garages, or interstate highway construction, medium-scale projects involving sewer separation, road expansion, and recreational facilities and small-scale projects such as renovations and residential construction. Guides the parties through complex technical and contractual issues, fostering understanding and resolution without the need for prolonged litigation. Employment & Workplace Conflicts Experienced in mediating workplace disputes, involving discrimination, harassment, wrongful termination, retaliation, executive contracts, employee grievances harassment, non-compete covenants, non-solicitation, at-will employment, and constructive discharge. Assists employers and employees to communicate effectively, clarify expectations, and reach equitable solutions, drawing on experience with administrative processes, collective bargaining, and personnel rules.

Mediation is a party-centric process. Necessary to this process is engaging the parties in a meaningful way so they are invested in the process and, if the case resolves, able to accept the outcome as fair—even if it does not fully align with any one party’s ideal result. Central to an effective mediation is ensuring that each party has an opportunity to be heard. Whether a party needs to explain the impact of an event, provide context and history surrounding the claim, or voice a grievance, many participants must first tell their story before there can be a productive exchange of information. I serve as a neutral sounding board to facilitate that process. Mediation statements should be provided at least one week in advance. These statements should summarize the case and key issues, outline the procedural history, summarize material testimony, and include copies of key documents, evidence, and any dispositive briefing. Depending on the complexity of the issues, the amount of damages at stake, the dynamics of the case, and the history between the parties, a pre-mediation conferences with counsel only may be requested. Mediation is driven by the parties and the nuances that emerge during the process are the intangibles that often help overcome impasse. Because each mediation is unique, allowing the parties to teach what truly matters in their case is imperative. No single mediation technique fits every dispute. However, commonly employed evaluative tools include asking probing questions, testing perceptions, and challenging counsel’s legal interpretations when appropriate, help lead to the goal of guiding the parties toward a thoughtful and durable resolution.

Proficient using Word and Excel over many applications. Experience moderating hearings and conferences over Zoom. Working knowledge of file sharing applications such as Dropbox, and document management systems such as AgileLaw and ProLaw. Electronic documents and exhibits are preferred. Paper documents and exhibits will be accepted in expedited and less document intensive arbitrations.

University of Nebraska College of Law (JD - 1993); University of Nebraska (BS - 1990).

Admitted to the Bar: Nebraska (1993); Iowa (2024); US District Court: Nebraska (1993); US Court of Appeals: 8th Circuit (2007).

Nebraska Bar Association (1993); Iowa Bar Association (2024); Nebraska State Bar Foundation - Fellow (2013); Nebraska Defense Counsel Association (2015); Nebraska Association of Trial Attorneys (2021); Omaha Bar Association (1993); Nebraska State Personnel Board (Chairman) (2016); Nebraska State Bar Association Small and Solo Firm Management Executive Committee Member (2025); Iowa State Bar Association Alternative Dispute Section Board Member.

Panelist and Presenter at Nebraska Risk Management Association Annual Conference - “County Government Hot Topics;” “Conditional Use Permits and Scope of Discretion,” 2022. Panelist at Nebraska County Government Annual Conference - "Sovereign Citizens and Pro Se Litigants," 2023.

Two hundred and fifty miles from Omaha including regional locations such as Kansas City, Lincoln, NE, Des Moines, IA, Sioux City, IA, and Sioux Falls, SD.

Hourly Rate: $300.00 Daily Rate: Not provided Study Rate: $300.00/hr Cancellation: Not provided Cancellation Period: 2 Days Comment: Compensation rates, established by the AAA, are set forth in the applicable Consumer Mediation Procedures.

English

United States of America

Bellevue, Nebraska