FN-14281 MN-14281 LN-14281, Esq.
Attorney, Arbitrator, Mediator
Atlanta, Georgia
Baker Donelson Bearman Caldwell & Berkowitz, P.C. - Managing Shareholder
Attorney, Arbitrator, Mediator
Managing Shareholder, Baker Donelson Bearman Caldwell & Berkowitz, PC, 2007- Present; Managing Partner, Gambrell and Stolz, L.L.P., 1993-2007; Partner, Martin, Cavan and Andersen, 1986-1993; Associate, Nall and Miller, 1983-1986; Teaching Fellow, Washington and Lee University School of Law, 1982-1983.
Engaged in litigation involving construction, fidelity and surety law, negligence, employment law, and business disputes. 65% of practice is in construction law, primarily representing general contractors, architects, engineers, designers, owners, developers, public agencies, and some sub and specialty contractors and sureties/insurers involving private (commercial, industrial, and residential) projects. 20% of practice is in employment law. 10% of practice is in negligence including medical malpractice: 50% on behalf of plaintiffs and 50% on behalf of defendants. 2% of negligence practice involves automobile accident claims. Legal experience in automobile negligence cases since 1983.
Serves as a mediator numerous times throughout the year, with 75% of the mediations involving construction-related matters.
Has served as a neutral primarily in construction cases, including large manufacturing facilities, delay claims, construction defect claims, project collapses, and design defect issues. Has also served as a mediator in contract disputes between insurance companies, employer/employee disputes (including discrimination claims).
The purpose of mediation is to resolve the matter to the satisfaction of the parties. I do not quit. I prefer to read submissions by the parties several days (or weeks in a large case) in advance and begin the process on the phone, separately, with counsel for the parties. This allows us to be more efficient when everyone is together for the mediation. My role is to work hard to get the matter resolved. I am not afraid to work very long days. I believe I have a talent for keeping the parties excited about the process and respecting their attorneys. In resolving a case, the parties typically appreciate the good work their attorneys have done for them.
Washington and Lee University (JD-1983); Union College (BA, cum laude-1980).
Admitted to the Bar: Georgia (1983), District of Columbia (1984); U.S. District Court: District of Georgia (1985); U.S. Court of Appeals: Eleventh Circuit (1986).
American Bar Association (Past President); American Bar Association (Committee on Rules & Calendar of the House of Delegates; Coalition for Justice, Chair; Tort and Insurance Practice Section, Past Chair, Vice Chair; Trial Techniques Committee, Past Chair; Long-Range Planning Committee, Past Chair; Fidelity and Surety Committee, Past Vice Chair; Legislative Division, Chair; Membership Division, Co-chair); Atlanta Council Young Lawyers (Director); State Bar of Georgia (Past President; Professional and Liability Committee, Vice Chair; Uniform Rules Commission, Chair; Statewide Judicial Evaluation Commission, Co-chair).
Publications:
Over 50 published works, mostly on construction topics
Speaking Engagements:
Speaker, "Ethics Issues for Your Practice," Institute of Continuing Legal Education Georgia, video, November 2, 2001; speaker, "Multidisciplinary Practice Issues in Commercial Real Estate," Institute of Continuing Legal Education Georgia, November 1, 2001; speaker, "Ethical Considerations for Construction Lawyers," Construction Law for the General Practitioner, Institute of Continuing Legal Education Georgia, October 5, 2001; speaker, "How to Start a Successful Professionalism Commission," American Bar Association Mid-year Meeting, San Diego, February 16, 2001; speaker, "Emerging Issues Facing Bar Associations," National Conference of Bar Presidents Mid-year meeting, San Diego, February 16, 2001; speaker, "Arbitration in the New Millennium," American Arbitration Association Joint Program, January 25, 2001; speaker, "Law Practice Management: Ethics, Conflicts and Money," Institute of Continuing Legal Education Georgia, January 11, 2001; speaker, "Defending Depositions Considering Especially the New Federal Rules," Georgia, December 15, 2000; speaker, "New Trends in the Legal Profession, Multidisciplinary Practice, Multijurisdictional Practice and Others," Atlanta Bar Association, December 7, 2000; speaker, "The New Ethics Rules and How They Could Change Your Practice," Institute of Continuing Legal Education Georgia," November 17, 2000; speaker, "Running for Bar Office," Institute of Continuing Legal Education Georgia, September 15, 2000; numerous other speaking engagements.
Over 50 published works, mostly on construction topics
Speaking Engagements:
Speaker, "Ethics Issues for Your Practice," Institute of Continuing Legal Education Georgia, video, November 2, 2001; speaker, "Multidisciplinary Practice Issues in Commercial Real Estate," Institute of Continuing Legal Education Georgia, November 1, 2001; speaker, "Ethical Considerations for Construction Lawyers," Construction Law for the General Practitioner, Institute of Continuing Legal Education Georgia, October 5, 2001; speaker, "How to Start a Successful Professionalism Commission," American Bar Association Mid-year Meeting, San Diego, February 16, 2001; speaker, "Emerging Issues Facing Bar Associations," National Conference of Bar Presidents Mid-year meeting, San Diego, February 16, 2001; speaker, "Arbitration in the New Millennium," American Arbitration Association Joint Program, January 25, 2001; speaker, "Law Practice Management: Ethics, Conflicts and Money," Institute of Continuing Legal Education Georgia, January 11, 2001; speaker, "Defending Depositions Considering Especially the New Federal Rules," Georgia, December 15, 2000; speaker, "New Trends in the Legal Profession, Multidisciplinary Practice, Multijurisdictional Practice and Others," Atlanta Bar Association, December 7, 2000; speaker, "The New Ethics Rules and How They Could Change Your Practice," Institute of Continuing Legal Education Georgia," November 17, 2000; speaker, "Running for Bar Office," Institute of Continuing Legal Education Georgia, September 15, 2000; numerous other speaking engagements.
$695 Per Hour
English
United States of America
Atlanta, GA
The AAA’s Rules provide the AAA with the authority to administer a mediation including, mediator appointment, general oversight and billing. Accordingly, mediations that proceed without AAA administration are not considered AAA mediations, even when the parties select an mediator who is on the AAA’s Roster.
The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.
The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.
