Mediation & Arbitration

I have often explained that anything that can happen to people on land or in land-based commerce or mineral activities can also happen to them on the water. As a mediator, I continue to use a maritime, commercial, oilfield and insurance vocabulary about injuries and contracts, and the evidence likely to be available, including charter parties, bills of lading, general average, letters of undertaking or of indemnity, Carriage of Goods by Sea, seamen’s status, master service agreements, navigation, and statutory and general maritime remedies. I invite counsel’s efforts to inform and educate me as a neutral, and I continue to try to be able to see each problem from each party’s respective points of view.

The unliquidated elements present in damages claims for personal injury and wrongful death make these claims frequent subjects for compromise negotiations in mediation. Experience with the professional experts advising either side of this docket helps the lawyers representing parties in these cases evaluate the strength or trustworthiness of the anticipated testimony from these experts. That same experience helps the mediator counsel the lawyers and their clients about the likely effectiveness of the expert evidence and provide a measure of objectivity about the size of likely recovery, whether seen from the plaintiff’s side or the defendant’s side.

The insurance contract to transfer risk can sometimes require adversarial interpretation. Whether in litigation, arbitration, or mediated negotiation, coverage questions may sometimes be carried along with the litigation of any disputes arising directly from the loss itself, and may not be capable of resolution before the claim itself is liquidated in mediation.

Employment disputes—whether involving termination, discrimination, wage claims, or workplace conflicts—often involve differing versions of the same event or action. Through mediation, employers and employees can engage in privileged and constructive dialogue to reach voluntarysettlements that address both legal and personal concerns, often preserving working relationships. When a forced decision is needed, arbitration offers a structured, confidential process that delivers enforceable outcomes without the delays, costs, or public exposure of courthouse litigation. While ADR methods cannot correct a contract to make it fair in everyone’s eyes, they should be expected to make the process of dispute resolution fair.

Commercial disputes—whether involving contracts, partnerships, intellectual property, or supply chain issues—can disrupt operations, damage relationships, and impact profitability. In mediation, businesses engage in confidential, guided dialogue to reach negotiated resolutions that address both legal and commercial priorities while preserving valuable relationships. When a forced resolution is needed, arbitration offers a structured, time-sensitive process that delivers enforceable outcomes efficiently, privately, and without the delays or publicity of courthouse litigation.

Admiralty / Appellate / Commercial / Contract Disputes / Employment / Oilfield / Engineering / Industrial / Insurance / International / Natural Disasters / Personal Injury / Premises Liability / Product Liability / Professional Fees / Property Damage / Torts / Transportation / Longshore Act / Wrongful Death.