Mediator Resume

Construction mediator, arbitrator, and attorney with 35 years of experience resolving complex construction disputes. Since 2020, has served as a neutral in matters involving delay, disruption, defective work, change orders, differing site conditions, terminations, payment disputes, and insurance issues. Practical, prepared, and persistent mediation style informed by decades of experience with projects ranging from high-end residential work to major commercial, healthcare, energy, education, hospitality, and infrastructure projects exceeding $1 billion. Recognized by Forbes in 2025 as one of the top 250 attorneys in the country. Ranked highly by Chambers for many years. Leads AmLaw 100 litigation department.

Nixon Peabody, LLP - Partner

Attorney

Partner, Nixon Peabody LLP, 2008 - Present; Partner, Thelen LLP (and predecessor firms), 1999 - 2008; Associate, Thelen LLP (and predecessor firms), 1990 - 1998.

Construction focused attorney with 35 years of experience including contract drafting and negotiation, project counseling, and dispute resolution. As an advocate, represented owners, contractors, subcontractors, and design firms on public and private works both domestically and internationally. These range in size from smaller residential projects to large commercial projects in excess of $1 billion. Experience covers a range of industries including residential, healthcare, energy, hospitality, higher education, and transportation. Recent projects include a utility scale multi-site solar array, a major chip manufacturing plant, an AI and automation focused research building, a complex beverage processing facility, undergraduate dormitories, high-end residences, and cutting-edge rail projects. Issues arbitrated and litigated to conclusion include delay and disruption, construction and design defects, extra work, differing site conditions, prevailing wage, False Claims Act, contractor licensing, abandonment and cardinal change, and fraud and misrepresentation. In addition to ADR experience identified below, has tried numerous bench and jury trials to final verdict. Also has significant complex commercial litigation experience, including real estate, financial services, technology, governance, whistleblower, and fraud-related disputes. This broader disputes background is useful in mediations involving business relationships, institutional parties, insurance issues, reputational concerns, and parallel commercial claims. Has also led for many years the litigation department of an AmLaw 100 firm, including practice groups focused on construction and real estate litigation, labor and employment, government investigation and white collar defense, privacy and technology, IP, and complex disputes.

As a AAA mediator has handled and resolved all of the types of disputes that arise in construction projects including disputes over schedule and delay claims, defective work, change order and other payment issues, and the propriety of terminations. Parties have included owners, contractors, and designers, with insurer participation when appropriate. Experienced acting as a mediator both in person and in virtual platforms, whatever works best for the parties and that maximizes the opportunities to resolve the dispute. Mediation skills training and certificate through the American Institute of Mediation and continuing education.

Issues handled as mediator include schedule and delay, defect claims, change order and other financial disputes, and terminations.

How many times have we all heard that “a good mediation is when both parties come away unhappy?” I disagree. Mediation is the one form of dispute resolution where both parties should come away, if not happy, at least satisfied that they have found an alternative path better than initiating or continuing litigation or arbitration. That is true because mediation is the one form of dispute resolution where the parties themselves are in charge, and nothing gets decided without the agreement of the parties. I have a collaborative and flexible style that puts the parties first. I am empathetic - I will invest the time to understand where each party is coming from and make sure everyone feels heard. I am curious - I want to understand not just the facts and law of the dispute, but what makes everyone tick, and their goals, both economic and non-economic. I am experienced - I have resolved hundreds of construction cases through mediation over thirty-five years. Most of all, I don’t give up - I will keep working until the case is resolved. I prefer the parties to exchange briefs three days or more before the mediation. After the brief exchange (including any additional confidential briefing submitted only to me), I will have separate calls with the parties’ counsel to design our mediation and make sure we make the most productive use of our time together. I encourage the parties to exchange draft settlement agreements in advance of the mediation. There are many ways to structure our day together and the number and order of caucus sessions, joint sessions, attorney pull-outs, or client to client discussions will depend on what approach maximizes our ability to succeed. Our collective goal should be to leave the mediation only with a signed settlement agreement or term sheet. Authenticity and credibility are key in life and in mediation. I try to bring these qualities to everything I do. And the process works best when the parties and their counsel do the same. In a variety of roles over the years, I have learned how to work with personalities of all types and find ways to communicate and build trust no matter the challenge. I approach every interaction with the expectation that the other person deserves respect, empathy, my focused attention, and my candid feedback. While I am not evaluative to the point of predicting outcomes or attempting to frighten or browbeat a party into settling - that is not my role nor my style - I do believe that it is my role to share my observations on litigation risk, dispute expense, and opportunity costs, and help the parties understand the value proposition of a negotiated settlement. My goal is to settle a mediation that day. I am not a believer in serial mediations except when unavoidable. If the parties cannot agree to a term sheet or settlement agreement on the day of our session, I will stay involved as long as there is any prospect of settlement.

Experienced with in-person, remote, and hybrid mediation formats and familiar with major videoconference and document-sharing platforms. Also familiar with AI-assisted tools and their potential to improve efficiency, while recognizing that confidentiality, independent judgment, verification, and party expectations must control their use.

UCLA School of Law (JD - 1990); Williams College (BA, cum laude - 1987).

Admitted to the Bar: California (1990), Colorado (2008).

American Bar Association, Forum on the Construction Industry.

Speaks frequently on construction and real estate development topics including construction contract damages (co-taught lecture series with forensic accounting firm), annual real estate development and construction outlook for California, and best practices for contract drafting and project administration.

No charge for travel in greater SF Bay Area.

Hourly Rate: Not provided Daily Rate: $10,000.00 Study Rate: $800.00/hr Cancellation: $5,000.00/Day Cancellation Period: 7 Days Comment: $10,000 daily rate includes review and preparation, pre-mediation call with each party's counsel, and full day mediation for as long as it takes. Travel rate only charged for mediations beyond SF Bay Area.

English

United States of America

San Francisco, California