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Mediator Resume

Denise M. Motta, Esq.

Denise M. Motta, Esq.

Professional Summary

Experienced arbitrator and mediator specializing in construction and commercial projects and disputes. Extensive experience with disputes involving claims up to $100,000,000. Proven record in resolving complex construction and commercial disputes. Chair, DRI Alternative Dispute Resolution Committee; Vice Chair, Alternative Dispute Resolution Section of the Kentucky Bar Association; Vice Chair, ABA Tort & Insurance Practice Section, ADR Committee; Secretary, NAWIC #97 (Louisville/Southern IN).

Current Employer-Title

Wilson Elser Moskowitz Edelman & Dicker LLP - Of Counsel

Profession

Arbitrator, Mediator, and Attorney

Work History

Of Counsel, Wilson Elser Moskowitz Edelman & Dicker, 2025 - Present; Partner/Of Counsel, Gordon & Rees Scully Mansukhani LLP, 2018 - 2025; Senior Counsel, Travis & Herbert PLLC, 2015 - 2018; Associate General Counsel/Litigation Manager, The Rawlings Company, 2010 - 2015; Senior Litigation Counsel, Ferreri & Fogle PLLC, 2009 - 2010; Partner/Associate, Ulmer & Berne LLP, 1997 - 2008; Associate, Pedley Zielke Gordinier Olt & Pence, 1997 - 1997; Associate, Hodge & Kelley, 1996 - 1997.

Experience

Construction Expertise: Represented project participants (owners and contractors of all tiers) in complex construction cases. Experience includes representing clients and serving as arbitrator/mediator in disputes involving construction contract disputes (change order claims), delay/acceleration/lost productivity claims, design defects, bond claims, construction defects, and professional negligence claims. Claims involving public and private projects, with disputes exceeding $100,000,000 on stadiums, buildings, bridges, road projects, and other construction projects. Experience includes OSHA violations, insurance coverage disputes, and litigation involving bonding companies, sureties, and insurance carriers. Commercial Expertise: Expertise includes consumer protection act claims, credit repair organization claims, truth in lending violations, employment, and other complex commercial disputes.

Mediator Experience

To foster the mediation process, uses pre-mediation conferences with counsel and/or the parties before the date scheduled for the mediation and mutual exchange of mediation submissions. It is the job of a mediator to help the parties assess the information and realistically evaluate potential outcomes and craft business solutions. Mediation is rarely successful if any participant is uninformed as they will be unable to recognize the strengths and weaknesses of the case. On the other hand, an informed and knowledgeable party will be better able to evaluate the adversary’s position. Mediation is a process and not an event. Therefore, will encourage exchange of key documents and mediation statements, as well as expert involvement.

Representative Issues Handled as a Mediator

Construction, contract disputes, payment disputes, delay claims, bond claims, contract disputes, contract negotiation, design defect, construction defect claims, tort claims, insurance coverage, ERISA, Medicare, medical malpractice, employment, professional liability cases, insurance coverage, employment, and commercial cases.

Mediator Style & Process Preferences

Mediation style is based on neutrality, active listening, empathy, problem-solving, confidentiality, patience, and persistence. As a mediator, I use my legal knowledge and experience to identify the key information and issues to help the parties find a pathway to resolution. My level of activism is dictated by the desire of the parties, the nature of the dispute, and the dynamics of the mediation. I use evaluative techniques, as well as consideration of the parties’ needs, desires, and objectives to facilitate discussions that foster settlement. Because mediation offers the parties an opportunity to control the ultimate outcome of the dispute, shape the ultimate resolution, and manage expenses inherent in the dispute resolution or litigation process, I believe that a successful mediation is based upon trust, respect, and information. Mediation is a process and not an event. A mediation will rarely be successful if any participant is uninformed as they will be unable to recognize the strengths and weaknesses of the case. On the other hand, an informed and knowledgeable party will be better able to evaluate the adversary’s position. To foster the mediation process, I suggest separate pre-mediation conferences with counsel and/or the parties before the date scheduled for the mediation and mutual exchange of mediation submissions. It is my job as a mediator to help the parties assess the information, realistically evaluate potential outcomes, and aid in reaching a resolution.

Technology Proficiency

Adept at conducting virtual arbitrations and mediations. Significant experience managing ESI and predictive coding in complex cases, including use of artificial intelligence. Clearbrief Academy certified.

Education

Northern Kentucky University, Salmon P. Chase College of Law (JD, magna cum laude, Order of Curia - 1996); University of Louisville (BA, cum laude - 1993).

Professional Licenses

Admitted to the Bar: Kentucky (1996), Ohio (1997); U.S. Court of Appeals: Sixth Circuit; U.S. Supreme Court, and multiple United States District Courts.

Professional Associations

Panel Member, American Arbitration Association; American Bar Association, Forum on Construction Law; Defense Research Institute, Construction Law Steering Committee; National Association of Women in Construction, Member Louisville Chapter.

Recent Publications & Speaking Engagements

Speaking Engagements: · “Best Practices and Ethical Considerations for Mediation,” Kentucky Bar Association, Kentucky Law Update Series, 2006. · “Labor & Supply Chain Pressures: ADR’s Role in Managing Workforce and Material Disruptions,” AAA-ICDR Construction Conference (June 2026) · “OSHA – Best Practices for Protecting Your Company and People,” National Association of Women in Construction, Louisville Chapter (April 2026) · “Back to the Future: Key Components for Preparing for a Successful Mediation,” DRI Annual Meeting (October 2025) · “That’s Totally Bogus, Man! Strategies for Defending Against Back Charge Claims,” VCSSFA Annual Meeting (September 2024) · “How to Build a Better Mouse Trap: Putting Together Change Orders that Will Get Paid,” SASF Fall Meeting (October 2024) · “Communication Errors: Tips to Avoid Common Communication Mistakes to Prevent Disputes and Damage Claims,” Kentucky Damage Prevention Summit (June 2024) · “Don’t Go Changing to Try and Please Me – But it Would Please Me if You Follow These Change Order Strategies,” National Association of Women in Construction, Louisville Chapter (April 2024) · “You Can’t Handle the Truth ... or Can You? Effective Use of ADR for Resolution of Construction Disputes,” DRI Construction Law Seminar (January 2024) · “The Times They Are A-Changin’: Putting Together Change Orders that Will Get Paid,” National Association of Ornamental & Miscellaneous Metals/Metalfab 2024 (January 2024) Publications: · “Back to the Future – Key Components for Preparing for a Successful Mediation,” DRI’s The Briefcase (November-December 2025) · “Legal Protections Related to Project Delays and Acceleration,” Connector (Spring 2025) · “Delay Claims: What Are They and What Do You Need to Know About Them?” Surety Bond Quarterly, Spring 2022

Compensation

Hourly Rate: $550.00 Daily Rate: Not provided Study Rate: $550.00/hr Cancellation: $5,000.00/Day Cancellation Period: 7 Days Comment: Travel to include all expenses (airfare, lodging, meals, mileage, etc.) Will consider reduction or no charge for travel expenses on certain cases.

Languages

English

Citizenship

United States of America

Locale

Louisville, Kentucky