JONES WALDOArbitration and Mediation

Tim Houpt, the leader of our Arbitration and Mediation group, has served as a mediator or an arbitrator in more than one hundred different disputes. He has mediated and helped settle scores of personal injury cases and is regularly sought out to serve as a mediator in business and commercial disputes, including intellectual property conflicts. He has also arbitrated many cases in the automobile accident, medical malpractice and employment areas.

Mike O’Brien, our Litigation Department chair and long-time Labor and Employment practice group leader, also mediates and arbitrates disputes in this field. Craig Mariger, who heads our construction practice, serves as an arbitrator in construction cases as well.

Jones Waldo also offers superior expertise in representing clients in arbitration and mediation. We have for many years represented clients whose standard agreements contain arbitration clauses. We have often appeared in court in disputes over the enforceability of arbitration provisions. Tim Houpt and Lewis Francis successfully represented one client in an appeal before the Ninth Circuit Court of Appeals, Bradley v Harris Research, 275 F.3d 884 (9th Cir. 2001), which resulted in a ruling invalidating a California statute that attempted to prohibit franchisors from including out of state locations in their arbitration agreements. The firm regularly represents a health insurer in arbitrations concerning health insurance benefits and has gained significant expertise in the particular challenges of arbitration. Our attorneys have broad experience in mediations as well, and are well acquainted with the mediators most often employed in this community.

Many of our attornyes also have experience as arbitrators for private parties and for the American Arbitration Association, the Financial Industry Regulatory Authority and other dispute-resolution organizations. They are able to provide a way to resolve disputes that may be less costly to the parties than formal litigation. Attorneys serving as arbitrators or mediators include: Timothy C. Houpt, Craig R. Mariger, Michael Patrick O’Brien and Gary G. Sackett.