Mediator Resume

1977-1999: Member and managing litigation partner in midsize commercial and employment law firms in Honolulu, representing local and multinational companies in sophisticated commercial and employment litigation matters in State and Federal courts in Hawaii and on the Mainland U.S. Established solo practice in 1999, representing businesses in commercial and employment litigation, as well as individuals in employment litigation and arbitration. From 2013 to date, practice has been devoted to neutral work as fulltime arbitrator, mediator, workplace investigator and expert witness. Adjunct Professor of Appellate Advocacy 1985, 1993 and Pretrial Litigation 2005-06, Richardson School of Law.

Sole Practitioner

Attorney, Arbitrator, Mediator, Workplace Investigations, Expert Witness

Attorney, Sole Practitioner, 1999 - Present; Simons & Ichinose A Law Corporation, 1995 - 1999; Of Counsel, Simons & Associates, 1995; Head of Litigation, Foley Maehara Nip & Chang, 1991 - 1995; Managing Partner, Miller & Ichinose, 1985 - 1991; Partner/Associate, Mukai Ichiki Raffetto & MacMillan, 1977 - 1984. Adjunct Professor of Appellate Advocacy (from 1985 - 1993) and Pretrial Litigation (from 2005 - 2006), University of Hawaii, 1985 - 2006. Prior to law school, worked as a commercial writer/editor and staff member for the Judiciary of the State of Hawaii, and the State of Hawaii Department of Planning and Economic Development.

Over 47 years in law practice, 37 of them as a civil trial lawyer concentrating in litigating and arbitrating antitrust, contract, employment, fraud, partnership, professional negligence, and real property disputes; also experienced as Adjunct Professor at Richardson School of Law at University of Hawaii (appellate advocacy, pretrial litigation, mediation). Experienced in handling claims ranging in value from the thousands of dollars to over $100 million for plaintiff and defense. Current practice since 1999 has focused on alternative dispute resolution as mediator, arbitrator, workplace investigator, and expert consultant. Ceased accepting advocacy clients in 2012 to devote practice to work as a neutral. Representative litigation cases: pro bono representation of plaintiff Eugenie Parnar in Parnar v. Americana Hotels, which in 1984 established in Hawaii the right of an at-will employee to sue for wrongful termination; representation of plaintiff Kay Austen in Austen v. State of Hawaii, the first sex discrimination case in Hawaii to be successfully tried and upheld on appeal; representation of the Trustee in the bankruptcy adversary action, In re Airwest International, Inc. dba Air Hawaii (action for securities fraud, professional malpractice, breach of fiduciary duty, and racketeering); representation of Island Tobacco Co., plaintiff in Island Tobacco Co. v. R. J. Reynolds, the seminal (and only) case elaborating on restraints of trade under Hawaii’s antitrust statutes, Chapter 480 (Monopolies and Restraint of Trade) and Chapter 481 (Fair Trade Regulations); successful defense of ORS in USA v. ORS, Inc., et al.(criminal antitrust); defense of American Tobacco Co. in tobacco/asbestos litigation; defense of sublessee Costco, Inc. in The Queen Emma Foundation v. Poseiden Limited Partnership, et al. (commercial lease dispute); representation of plaintiff in Discovery Airways, Inc. v. Sanwa Bank (business fraud); representation of the Claimant-Intervenor in EEOC v. The Queen’s Medical Center; representation of two families of decedents in the Xerox killings (Kanehira et al. v. Uyesugi, et al.). Elected by members of the Bar Association of Hawaii to serve on the State's Judicial Selection Commission (2006-2013), and elected by members of that Commission to serve as Chairperson (2011-2013). Appointed to three three-year terms (1999-2002, 2002-2005, 2005-2007) as Lawyer Representative to the 9th Circuit Judicial Conference from the District of Hawaii. Elected by Ninth Circuit Lawyer Representatives to be At-Large Lawyer Representative to the Conference Executive Committee for the 9th Circuit Court of Appeals (2002-2005). Since 1995, consistently named Best Lawyer in litigation and several other categories by The Best Lawyers in America. For over a decade, those categories have been: Arbitration, Mediation, Employment Law (Individuals), and Employment Law (Management). Named a Tier 1 Best Law Firm in US News & World Report annually for the last 25 years. Served as Adjunct Faculty of the Richardson School of Law at the University of Hawaii in 2005, 2006, 2014; as a Member of Faculty, Hawaii State Bar Association Trial Academy, 2011, 2014, 2016, 2018, 2020. Panelist on Mediation Center of the Pacific's annual Mediator Training, 2019-2023. Appointed Discovery Master in 2021 by Judge Jeffrey P. Crabtree in State Circuit Court matter Patricia Adams v. Hawaii Medical Service Association, Civil No. 07-1-1388-07 JPC Recent service: as arbitrator on a three-member panel in a multi-district arbitration matter involving dozens of employees of a national company claiming violations of ERISA; as arbitrator on a local AAA panel involving employment related claims, and as solo arbitrator on commercial and employment disputes in Hawaii. Appointed as an Adjunct Professor on Commercial Transactions, Appellate Advocacy, at Richardson School of Law.

Selected by Best Lawyers in America as its Mediator of the Year in Hawaii (2024-25), as well as its Employment Law-Individuals Best Lawyer of the Year (2024-25). Has consistently been selected as a Best Lawyer in Mediation, Arbitration, Employment Law-Individuals, and Employment Law-Management for decades. Mediated cases through various ADR providers, and as a court-appointed mediator for approximately 25 years. In 1999, established a solo practice as a commercial litigator for plaintiff and defense, and began to concentrate more on ADR activities as a neutral workplace investigator, as an expert witness in employment cases, and as a neutral in employment. Mediating, arbitrating, and expert consultations in the fields of Employment and Commercial Litigation disputes are now principal areas of concentration in neutral work. Successfully mediated privately, as well as for public record court-appointed cases, which have included the following: the Sharon Black v. HPD case (high profile sexual harassment case); the Kornya v. HSI non-compete case; the Suzuki v. HWM sexual harassment case; cause cases brought by the EEOC (EEOC v. MORI, sexual harassment and wrongful termination) and HCRC (Hoshijo v. Schuman Automotive); and other public record litigations involving government parties (age discrimination, disability discrimination, antitrust). Has also mediated cases for confidential settlements not made part of the public record. Had also maintained a commercial litigation practice until the end of 2013, when decided to concentrate entirely on neutral practice; no longer accepts litigation clients.

Employment issues mediated have included: sexual harassment, sexual orientation harassment, retaliation, age discrimination, disability discrimination, non-compete covenants, wrongful termination of a contract employee, wrongful termination of an at-will employee, and wrongful termination of a union employee. Contract issues mediated have included: breach of publishing agreement, breach of trust agreements, intra-corporate dispute among family members, close corporation dispute, multi-party anti-competition litigation, and consumer credit transactions. Real property cases mediated have included: DROA disputes, condominium disputes, and development disputes.

I believe in mediation as a process and as a genuinely satisfactory alternative to litigation. I have represented sophisticated litigants as well as unsophisticated litigants in multi-million dollar disputes that have exhausted the litigation (or arbitration) process; and have been struck by the failures of our system to afford true justice to most litigants. Mediation is an effective method of addressing claims and defenses without having to exhaust the process, and the parties' resources in that process. I expect the parties to come to the table in good faith with the objective of fully engaging in the mediation process. Whether or not that engagement will result in compromise and settlement is not the only goal; but it is often achieved when the parties truly lend themselves to negotiation. I usually adhere to a standard process but will vary from it as needs and circumstances dictate. My standard process is to invite the parties to provide me with confidential mediation statements prior to mediation, after which I consult privately by phone and/or Zoom with each party confidentially. Should the parties be open to sharing viewpoints prior to the formal mediation, I encourage that, to the point of requesting a first offer and a first response prior to the sit-down. I will mediate in person, preferably; but am open to conducting mediations by Zoom, particularly if one or more parties are out-of-State. In multimillion dollar cases, should the parties fail to resolve their differences in the initial mediation, I have let the initial court process play out in order to resume mediation after initial court proceedings.

Is hands-on at the computer, utilize Zoom to conduct meetings and ADR sessions as needed, conduct witness interviews and meetings while taking contemporaneous computer notes in Word.

Hastings College of Advocacy (1979); University of Hawaii, Richardson School of Law (JD-1977); George Washington University (AB, English, Philosophy and History-1968). Conducted and/or attended conferences, seminars, trainings annually under Hawaii State Bar Association auspices and/or requirements.

Admitted to the Bar: Hawaii (1977); U.S. District Court: District of Hawaii (1977); U.S. Court of Appeals: Ninth Circuit (1981); U.S. Supreme Court (1985).

Hawaii State Bar Association (Past Elected Director); State of Hawaii's Judicial Selection Commission (Hawaii State Bar Association Elected Representative 2007-2013; Vice Chair 2009-2011; Chair 2011-2013); Hawaii Women Lawyers Association (Current member, Past President, Past Director); Ninth Circuit Judicial Conference (Former Delegate, member of Conference Executive Committee, Past Lawyer Representative); American Inns of Court (Bencher Emeritus); State Supreme Court (Committee on Pattern Jury Instructions, Head of Employment Law Subcommittee). HSBA-Appointed Member of the Board of Directors (2007-2017) of the Legal Aid Society of Hawaii (elected President of the Board, 2013-2015); Member, Board of Directors of Mediation Center of the Pacific, 2018-2024; Member, Judiciary of Hawaii's Civil Justice Improvements Task Force, 2018-2019. Faculty Member, Hawaii State Bar Association Trial Academy at Richardson School of Law, 2011, 2014-2020.

"Mediation," Chamber of Commerce of Hawaii Annual Conference 2005; "Avoiding Improper Termination under the FMLA," FMLA Update, August 2005; "The Revised Uniform Arbitration Act," HAWAII BAR JOURNAL, November 2002; "Hot Topics in Litigation," Hawaii State Bar Association Convention, October 2002; "Sexual Harassment Redux," HAWAII BAR JOURNAL, 1996; co-author, "Effective Appellate Practice in Hawaii," National Business Institute, 1994; "How to Use Negotiation, Mediation and Arbitration," Hawaii Institute of Continuing Legal Education, 1993; "Avoiding Lawsuits for Employment Discrimination," HAWAII LABOR AND EMPLOYMENT LAW, National Business Institute, 1991; "'Civil Rights in Employment,' They're Broader Than You Think," BASIC ISSUES IN EMPLOYMENT LAW IN HAWAII, National Business Institute, 1990; "Hawaii's Supreme Court Recognizes Tort of Retaliatory Discharge of At-Will Employees," HAWAII BAR JOURNAL, vol. XVII, no. 2, 1982. SPEAKING ENGAGEMENTS: Panelist, Hawaii State Bar Association seminar on Lales v. Wholesale Motors decision by Hawaii Supreme Court, at Hawaii State Bar Association April 29, 2014; Speaker and Trainer, “Preventing Discrimination and Harassment in the Workplace,” for Legal Aid Society of Hawaii attorneys and staff, January 6, 2012; Speaker and Panelist, Hawaii State Bar Association Annual Meeting morning session on Ethical Issues for Employment and Labor Lawyers, Sept. 23, 2011; speaker and panelist, "Going to the Balcony to Get to Resolution" - Tips from Professional Mediators, Advanced Mediation Training Workshop, Mediation Center of the Pacific, May 14, 2011; speaker and panelist, "Generational Differences in Practicing Law," U.S. District Court (Hawaii) Judicial Conference, April 15, 2011; Lecturer, "Judges and Their Selection," September 27, 2011, and September 29, 2010, LLM Program in International Law, Richardson School of Law; speaker and panelist, "Mediating Disability Cases," Hawaii Civil Rights Commission Annual Civil Rights Training: EEO in Hawaii: Keeping Pace with Recent Trends, October 13, 2010; Lecturer, "Retaliation Avoidance for Managers," Department of Public Safety, State of Hawaii, December 15, 2009; "New Developments in the Law," Hawaii Civil Rights Commission Annual Civil Rights Training, October 7, 2009; "Mediation and Ethics," Hawaii State Bar Association Annual Meeting, September 18, 2009; "EEO in Hawaii: What's Hot and What's Not," Hawaii Civil Rights Commission Annual Civil Rights Training, May 9, 2007; "Mediating the Employment Case," Hawaii State Bar Association Annual Meeting, October 25, 2006; "Preparing Clients for Mediation," American Bar Association Annual Meeting, August 6, 2006; "EEO Basics," American Bar Association Annual Meeting, August 3, 2006; "Gender and Mediation," The Mediation Center of the Pacific, Center for Alternative Dispute Resolution, April 12, 2006; Instructor, HSBA's Second Annual Trial Academy, September 16-17, 2005; speaker and panelist on Mediation, EEOC seminar, August 2-3, 2005, Honolulu, Hawaii; presenter, Family Medical Leave Act retaliation claims/defenses, Hawaii FMLA Update 2005, August 16-17, 2005, Council on Education in Management; presenter on "Mediation," Chamber of Commerce of Hawaii Annual Conference 2005.

The island of Oahu, comprising the City and County of Honolulu, State of Hawaii.

Hourly Rate: $500.00 Daily Rate: Not provided Study Rate: $500.00/hr Cancellation: $500.00/Day Cancellation Period: 5 Days Comment: Travel time when mediation is outside Downtown Honolulu is computed at 50% of the mediation rate. No cancellation fee if five working days' notice is given.

English

United States of America

Honolulu, Hawaii