ADR refers to processes such as mediation and arbitration that provide alternatives to traditional courtroom litigation.
There is no single process that is best for every dispute.
In the right situation, mediation may offer benefits such as flexibility, potentially lower costs, faster scheduling, privacy, and an opportunity to preserve business relationships.
Mediation can be used for many types of commercial, construction, contract, property, development, employment, and organizational disputes, depending on the circumstances and the willingness of the parties to participate.
Mediation itself generally does not impose a decision on the parties.
However, a settlement reached through mediation may become legally binding when it is properly documented and signed.
Arbitration may be binding when the parties have agreed to binding arbitration and applicable law allows the decision to be enforced.
For more than 45 years, I have worked with clients and organizations in many different industries. My experience includes serving as a CEO, President, CFO, Board Member and Chair, Owner/Developer, Owner’s Representative, Strategic Business Development Executive, Project Manager, Construction & Engineering Management Consultant, Neutral, Expert Witness,and Right-of-Way Negotiator.
Read More...Over the years, I have learned that many costly business disputes do not start because people do not understand the law. They often begin because decisions, communications, expectations, responsibilities, or risks were not clearly addressed early enough.
My work is focused on helping executives, owners, developers, contractors, professionals, and organizations make good business decisions before disagreements become claims and claims become lawsuits.
“The most expensive dispute is the one that could have been prevented.”
Good executives do not only ask, “Who is right and who is wrong?”
They also ask, “What is the best decision for the business and the people we are responsible for?”
A dispute can start with a misunderstood conversation, an unexpected delay, an unclear expectation, or an uncertain responsibility.
Read More...A decision made under pressure can create bigger problems. By the time attorneys become involved, people may have taken strong positions, relationships may have been damaged, and the available solutions may be more limited.
An independent executive advisor can provide an objective point of view before the situation reaches that stage. This can include helping evaluate difficult decisions, assisting with difficult conversations, identifying practical solutions, and determining whether a problem can be solved without becoming a formal claim.
My role is independent and practical. I do not provide legal advice, and I do not replace attorneys, project executives, risk managers, or leadership teams.
Instead, I work alongside these professionals and bring decades of experience in executive leadership, construction, finance, management, development, and dispute resolution to difficult situations.
Companies spend significant time and money on estimating, scheduling, quality control, safety, financial management, risk management, and project planning because preventing problems is usually less expensive than fixing them later.
Conflict should be handled the same way.
Read More...The cost of an avoidable dispute is much more than attorney fees. Litigation can take up management time, delay projects, damage business relationships, affect reputation, distract leadership, and cause the loss of opportunities that may be worth much more than the dispute itself.
My objective is simple:
I do not help companies win lawsuits; my objective is to help my clients avoid lawsuits whenever a practical solution is possible.
velopment, forestry, transportation, export logistics,
renewable energy, humanitarian projects, Standing Advisory, and dispute resolution.
I have worked on and advised projects and engagements with
combined values exceeding $2.5 billion.
My work has involved organizations throughout the continental
United States, Hawaii, the Caribbean, Bahamas, Turks and Caicos, Aruba, Costa
Rica, Haiti, Venezuela, Europe, Japan, South Korea, and China.
I hold an MBA, have completed doctoral-level studies, and hold a
law degree.
For more than 20 years, I have served as an adjunct professor in
undergraduate and graduate programs. I have taught subjects including:
In September 2001, I founded the Construction Management
Institute of Maine and Miami, where I continue to support professional
education and sound management practices.
I am also a Certified Mediator in the Judicial Branch for the
State of Maine, a member of the Maine Association of Mediators, an Adjunct Law
Faculty Member, and a statewide Right-of-Way Negotiator involved in
eminent-domain procedures.
I have also provided expert-witness testimony for law firms
seeking fair and practical solutions to complex controversies and disputes.
My professional service has included humanitarian work as well.
This included work with the Ministry of Haiti following the 2010 earthquake.
As a construction and business and neutral, I help
people and organizations address disputes before they become unnecessarily
expensive or damaging.
Mediation provides a structured process where an independent
neutral helps the parties communicate, understand the issues, consider their
options, negotiate in good faith, and work toward an agreement that is
acceptable to everyone involved.
My experience is especially useful in matters involving:
Depending on the situation, the agreements involved, and
applicable law, alternative dispute-resolution processes may include mediation,
arbitration, or other structured approaches.
Litigation can involve significant legal, discovery, expert, and management costs. Standing Advisory may allow the parties to address the real issues earlier and with fewer procedural costs and burdens.
Standing Advisory is generally private, subject to applicable law and the parties’ agreements. This can allow sensitive business matters to be discussed without unnecessarily exposing them through public litigation.
Standing Advisory can be designed around the needs of the situation. The parties decide whether and how an agreement will be reached.
Arbitration can also provide a structured alternative when the parties have agreed to a binding resolution.
Court schedules and litigation procedures can take a great deal of time. Private Standing Advisory can often be scheduled around the parties’ availability, allowing the dispute to be addressed sooner.
The parties can select a or neutral who has experience in the industry or subject involved in the dispute.
When people or companies need to continue working together, Standing Advisory can focus on finding a solution rather than simply deciding who wins and who loses.
About 45 years ago, I wished there had been someone I could call an experienced executive advisor who could provide an independent point of view before a difficult business situation became a major problem.
That experience helped shape the way I work today.
My motivation is service: to provide experienced and objective judgment when it can make a difference.
Sometimes the best time to ask for advice is before there is a dispute, claim, lawsuit, or damaged relationship.
Sometimes all it takes is a conversation.
A conversation costs nothing except a bit of your time.
The objective
To help you achieve your goals, protect your interests, preserve valuable relationships, and resolve problems before they become more costly than they need to be.
Executive Advisor | Mediator | Construction And Business Neutral | Conflict Avoidance And Dispute Resolution