Jerry began his ADR practice 30 years ago and currently focuses solely on serving as a mediator or arbitrator. In the area of construction law, he previously represented clients involved in construction claims and litigation, including architects, engineers, surveyors, owners, contractors, subcontractors and suppliers.
He has handled virtually every type of claim arising on a construction project, i.e., defects in all design disciplines, delay and impact, job site safety, wrongful termination, liquidated damages, cardinal change, differing site conditions, and other contract disputes. Has tried hundreds of cases (jury trial, bench trial, and arbitration).
In the first 25 years of his practice, he gained extensive experience with personal injury, wrongful death, product liability, premises liability insurance law and insurance coverage disputes (including agency/broker errors and omissions, first party claims, arson, fraud, property/casualty, professional liability insurance, architects’ and engineers’ insurance, crop insurance, primary/excess issues, and casualty and environmental insurance).
He has tried more than 100 cases (jury trial, bench trial, and arbitration) and participated in hundreds of mediations and settlement conferences as an advocate.
Jerry has served as a mediator on cases involving commercial law, construction, insurance, business disputes, products liability, personal injury/wrongful death, employment, and other areas of the law, for example:
In complex cases, pre-mediation conferences and meetings, virtual or in person, are often helpful for a successful mediation.
Generally, I do not hold joint sessions or invite opening statements. However, in some cases fact-finding sessions are necessary or may be agreed-upon.
I prefer that the parties settle the case on their own terms, if possible, but if that does not succeed, it may be helpful for me to become proactive (i.e., a mediator’s proposal).
I believe that the mediator should do more than merely “carry water” between the parties, providing a reality check as appropriate. I don’t believe that the mediation process should “just about the money; in fact, I enjoy digging into the details, to the extent necessary for the particular dispute. I am not a high-volume mediator since most of the cases I mediate are complex and/or multi-party disputes.
Jerry has been a member of the American Arbitration Association Commercial Panel since 1994 and its Large Complex Construction Case Panel.
Jerry has written or co-authored more than 60 awards in arbitration cases, for example:
Jerry has been using computer technology since the 1980’s. He has experience with e-discovery and management of ESI (i.e., Relativity) as a practicing attorney and arbitrator. He is proficient with various types of software, including Word, Excel, Relativity and Zoom (professionally trained).