Mediator Resume

Career fully devoted to mediation and alternative dispute resolution, with availability in multiple states both in-person and virtual. Passionate about helping businesses, insurance companies and individuals resolve their disputes efficiently and out of court.

Mediator, ADR Neutral

Mediator/ADR Neutral, 2021 - 2026; Founding Partner, Menter & Witkin, LLP, 2000 - 2021; Partner, Newmeyer & Dillion, 1994 - 2000; Attorney, Katten Muchin, 1992 - 1994; Attorney, Thelen Marin Johnson & Bridges, 1990 - 1992.

Prior to the career in alternative dispute resolution (ADR), had more than 30 years active legal practice with emphasis on complex litigation, construction claims, insurance disputes, and conflict resolution in numerous different states and venues from California to Florida. In 2000, co-founded the law firm Menter & Witkin, LLP that focused in large part on risk sharing and funding of large lawsuits. This allowed the experience to represent both plaintiffs and defendants, as well as third-party defendants and insurance companies. With this extensive legal and collaborative background, had the opportunity to cooperate with counsel from around the country and work on every side of civil lawsuits (including in the case of construction litigation, representation of owners and HOA’s, developers and builders, and subcontractors and design professionals).

35+ years in practice, with the past several years exclusively devoted to mediation and ADR. Representative mediation matters include both commercial and residential construction defect claims (from the $1/2 million to $100+ million range); construction delay claims; products liability claims; insurance coverage claims (including GL, E&O, professional liability, OCIP, CCIP, D&O, etc.) and bodily injury (including construction site accidents).

Business and consumer disputes, commercial, high-rise and residential construction defect claims; construction delay claims; products liability claims; insurance coverage claims (including GL, E&O, professional liability, OCIP, CCIP, D&O, etc.) and bodily injury (including construction site accidents).

Both before and during the mediation, careful attention to the claims and defenses, as well as to the subtleties of funding and allocation, make the process more efficient for everyone. Successful mediation is not simplistically about "splitting the difference," and due respect should be given for a party's concerns about precedent, standing on principle, and evaluating risks. While I find value in both "evaluative" and "facilitative" mediation styles, all good mediators have two things in common: the willingness to listen carefully and respectfully without pre-judgment, and the diligence to put in the work before and after the mediation to follow up, to identify the issues and obstacles, and to work through them to get to resolution. Before the mediation even starts, I have found it productive and rewarding to not just review, but often also respond to mediation briefs either in writing or with pre-mediation calls. And after the mediation, I find that follow-up calls or even a "mediator's proposal" can help bridge a void and get the matter settled.

University of California (J.D. - 1990; B.A., cum laude 1987; Phi Beta Kappa; Phi Eta Sigma). National Conflict Resolution Center (Mediator Training - 2017).

Admitted to the Bar: California, Tennessee, Colorado (inactive), Texas (inactive).

Recent Publications: “Mediation Success – Strategies for Avoiding Prolonged Litigation and Getting to ‘Settled,’” American Bar Association “The Dispute Resolver” (co-authored 2025); “The Value of Pre-Mediation Calls with Counsel,” American Bar Association “The Dispute Resolver” (2023); “Return to In Person Mediation? For Some but it’s not Automatic,” Arbitration Mediation Conciliation Center (2021). Recent Speaking Engagements: Allocation of Responsibility for Construction Defects, 2025 (Pete Fowler Construction Webinar); Tips from the Trenches: Using the Mediator’s Proposal to your Best Advantage, 2024 (American Bar Association - Toolbox Series).

Hourly Rate: $800.00 Daily Rate: Not provided Study Rate: $800.00/hr Cancellation: $2,000.00/Day Cancellation Period: 7 Days Comment: Compensation rates, established by the AAA, are set forth in the applicable Consumer Mediation Rules.

English

United States of America

College Grove, Tennessee