Mediator Resume

Highly experienced federal trial judge in nonjury civil cases against the U.S. government. Skilled in resolving complex matters in diverse industries such as defense contracting, construction, cybersecurity, energy, technology, and healthcare.

Coster Williams ADR - Independent Arbitrator, Mediator, and Special Master

Retired Federal Judge; Arbitrator, Mediator, Special Master

Independent Arbitrator/Mediator/Special Master, Coster Williams ADR, 2023-Present; Judge, U.S. Court of Federal Claims, 2003 - 2023; Administrative Judge, Board of Contract Appeals, General Services Administration, 1989 - 2003; Partner, Janis, Schuelke and Wechsler, 1987 - 1989; Assistant U.S. Attorney, D.C., Civil Division, 1983 - 1987; Associate, Schnader, Harrison, Segal and Lewis, 1979 - 1983; Associate, Fulbright and Jaworski, 1977 - 1979. Adjunct professor at various times: Duke Law, American University School of Law, Columbus School of Law at Catholic University, and Johns Hopkins Advanced Academic Program.

Presided over more than 100 civil nonjury matters and resolved disputes involving many industries, including: national defense, energy, construction, technology, banking/finance, real estate, transportation, and healthcare. Resolved discovery disputes, privilege issues, varied procedural and dispositive motions as a trial judge. Appellate judge in vaccine injury cases. Handled class actions in employment and real estate cases and multi-party patent infringement cases. Adjudicated and mediated contract, IP and construction cases involving international projects and sovereign-state issues. As an adjunct professor taught Remedies, Administrative Law, Litigation with the Federal Government, Government Contracts, Intellectual Property, and The American Civil Trial.

Conducted over 100 mediations nationwide involving breach of contract disputes, healthcare payor- provider disputes, multi-party patent infringement, multi-party False Claims Act litigation, international construction and commercial contracts, misrepresentation, tortious interference, breach of oil and gas leases, multiparty 5th Amendment takings claims, tribal claims, attorney fees, and tax. Handled complex mediations involving tens and hundreds of millions of dollars.

Contract interpretation in healthcare, energy, technology, aerospace, national defense, construction, commercial and financial sectors; prime-sub disputes; federal procurement, contract formation, breach of the duty of good faith and fair dealing, implied- in-fact contracts, joint ventures, course of dealing, integration of multiple agreements, False Claims Act, civil fraud, interpretation of statutes and regulations, patent infringement, patent claim construction, invalidity, damages, licensing, reasonable royalties, healthcare payor -provider dispute involving hundreds of millions of dollars, multi -party 5th amendment Takings, tribal sovereignty issues, tribal trust obligations, real estate appraisal, apportionment of damages, expert witness reliability and disqualification, international construction, issues with host government, waivers of sovereign immunity, differing site conditions, changes, design defects, defective specifications, work sharing contracts, vaccine injury, tax refund and credit, attorney fees, and interest.

I prefer to have a solid understanding of the parties’ positions before the mediation. Typically, I request written mediation summaries to be exchanged with the other party, and if appropriate, a confidential addendum for my eyes only. Following receipt of these papers, I may, if the amount in controversy warrants it, conduct ex parte discussions with each party via phone. Then, we design the mediation process as the parties desire - - it can be a joint session followed by individual ex parte sessions or exclusively ex parte discussions. I respect party autonomy in mediation and only share my views of the respective parties' positions and litigation risk when requested or when it appears that it will assist with resolution. I encourage creative approaches to resolution and appreciate candor of the parties and counsel in their discussions with me.

Conducted trials, oral arguments, and mediations using online platforms such as Zoom.

Duke University School of Law (J.D., Duke Law Journal-1977); Catholic University (B.A./M.A. combined degree, summa cum laude-1975).

Admitted to the Bar: D.C. (1978).

American Bar Association (ABA), Section of Public Contract Law (PCL), Intellectual Property Law, and Dispute Resolution and Litigation (Representative of PCL in ABA House of Delegates; Life Fellow, American Bar Foundation; Bar Association of D.C.; Federal Circuit Bar Association; Court of Federal Claims Bar Association; Lawyers Club of D.C.; Barristers, D.C.

The United States Court of Federal Claims: A Brief Overview of the “People’s Court,” Juriste (2020); Intellectual Property Suits in the United States Court of Federal Claims, 10 No. 1 Landslide 30 (2017). Extensive speaking engagements at judicial conferences and bar association legal education events. For a more detailed listing please see: www.costerwilliamsadr.com

DC metropolitan area

Hourly Rate: $800.00 Daily Rate: Not provided Study Rate: $800.00/hr Cancellation: $400.00/Day Cancellation Period: 5 Days Comment: Compensation rates, established by the AAA, are set forth in the applicable Consumer Mediation Procedures.

English

United States of America

Bethesda, Maryland