Services

Mediation

My role as a mediator is, first and foremost, to facilitate a candid, robust and respectful exchange of information, interests and ideas. After this exchange has taken place, I will help the parties figure out whether they can 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.

Where I believe that I have a useful perspective, I may use a range of evaluative techniques to test whether the proposals are meaningful and calculated to lead to a resolution of the matter.

I will do my best to create and promote a respectful, collaborative environment that is conducive to an exchange of interests, ideas and proposals – and, ultimately, the resolution of the dispute.

Arbitration

I have experience both as a single arbitrator and party-appointed arbitrator on three-arbitrator panels. I have extensive familiarity with the rules of the American Arbitration Association and JAMS. I advised the AAA on the development of its rules relating to disputes between healthcare payors and providers.

While I will abide by the agreement of the parties with respect to how the arbitration is conducted, I will actively manage your arbitration to ensure that the proceedings are conducted in a timely and efficient matter so that the parties realize the benefits of participating in a process that is more flexible and nimble than litigation. I typically issue reasoned awards unless the parties prefer otherwise. I make maximum use of technology to minimize costs for the parties.

Special Master

A special master is a neutral party appointed by a court, often with the consent of the parties, to assist in resolving disputes. Special masters are typically appointed in complex cases in which there are numerous disputes over procedural issues or discovery. With the assistance of an experienced special master, these disputes can often be resolved more quickly and efficiently than if the assigned judge had to decide all the issues herself. Special masters may be appointed pre-trial, during trial or post-trial.

I am well-qualified to serve as a special master due to my many years of experience as a civil procedure professor and complex litigation practitioner.

Early Neutral Evaluation and Summary Jury Trials

Parties engaged in legal disputes are often unsure of the strength of their positions. The application of the law to their case may be ambiguous or difficult to predict. In such a situation, early neutral evaluation can help provide clarity and a more meaningful basis for negotiation and settlement than the mere predictions of counsel. Early neutral evaluation is a process in which a neutral party examines the evidence, listens to the disputants’ positions, and then gives the parties his or her evaluation of the case.

Another innovative case evaluation tool is the summary jury trial. A summary jury trial can take much of the uncertainty out of a legal dispute. The plaintiff and defendant may agree on the facts of a case, but disagree on what the outcome would be at trial. In summary jury trials, attorneys for each party make abbreviated case presentations to a mock jury, the party representatives and a presiding neutral. The mock jury renders an advisory verdict. The verdict is frequently helpful in resolving the dispute, particularly where one of the parties has an unrealistic assessment of its case.

I am available to serve either as a neutral in early neutral evaluation processes or to preside over summary jury trials or similar case assessment exercises.

Corporate Monitor

Settlements of government investigations involving a wide range of compliance issues often call for the appointment of a corporate monitor to ensure that the settling party adheres to its obligations under the settlement agreement and otherwise maintains and enforces a robust compliance program. As a former federal prosecutor and General Counsel of a major publicly traded company, as well as lead counsel for clients in numerous high-stakes government investigations involving corporate integrity agreements, I am well-positioned to serve as a corporate compliance monitor.