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Dedicated
to service as a Hawaii mediator, arbitrator,
facilitator and neutral services
provider in Hawaii. Mediator since
1984 (commercial, construction and civil
disputes in Hawaii, Guam and the Pacific)
and an Arbitrator since 1978 (business, construction
& labor matters). On the panels of the Dispute
Prevention & Resolution,
Inc., American Arbitration Association (Mediation,
Construction, Commercial, Large Complex Case
Panel, Labor), Federal Mediation & Conciliation
Service, The Accord Group, Hawaii Labor Relations
Board,
Bankruptcy Court Mediation Panel (Hawaii) and
other local, national and international organizations.
Over 30 years as a civil and commercial trial
lawyer (licensed in the federal and state courts
of Hawaii), arbitrator and mediator concentrating
in construction, commercial, corporate, real property,
financial services, franchise, arbitration and
litigation. Majority of practice in construction
law representing owners, developers, design professionals,
contractors, subcontractors, surety and suppliers
involving public and private residential, commercial
and industrial projects (custom homes, high rise
condominiums, planned unit developments, hotels,
warehouses and production facilities). Handled
disputes involving a broad range of design and
construction deficiencies, changed conditions,
change orders, bond claims, insurance defense
and coverage, product defects, petroleum and mold
contamination and other issues. Remainder of practice
includes labor and employment matters, property,
corporate, professional liability, franchise,
licensing, banking and financial services.
Panel arbitrator under various public and private
sector collective bargaining agreements. Arbitrations
of labor and employment matters have included
rights and interest arbitrations and discipline
and termination grievance arbitrations
concerning attendance, theft, job performance,
conduct,
workplace violence, violations of work
rules, drugs, discrimination and contract interpretation
issues. Employment mediation matters have involved
sexual harassment, workplace violence, at will
wrongful termination, whistle-blower, sexual,
age and
ethnicity discrimination.
Facilitator of Partnering workshops and projects
for or through Dispute Prevention & Resolution,
Inc., The Accord Group and Herbert Chock &
Associates. Facilitation of public meetings (Advertiser
community visioning, Hawaiian sovereignty, Northern
Hawaiian Islands Reefs dialogue, Stryker Brigade,
Collaborative Education).
Educational
Background
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·
University of California,
Berkeley, Boalt Hall, Juris Doctor
1973
· University
of Hawaii, Bachelors of Art, 1969
(Phi Beta Kappa) |
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Professional
Practice Areas
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Since January 2003, practice dedicated
to serving as a neutral mediator,
arbitrator, facilitator, trainer or
neutral services provider in the following
fields:
·
Construction deficiency
and Design Professionals liability;
·
Commercial, contract, real
property, technology and financial
services;
·
Labor and Employment;
·
Franchise;
·
Probate and family business;
·
Professional liability
and Personal Injury;
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Professional
Associations
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·
American Arbitration Association,
Board of Directors (1997 - 2005)
· Association
for Conflict Resolution, Hawaii (formerly
SPIDR)
· Society
of Professionals in Dispute Resolution
(SPIDR), Director [1993 - 99], Co-chair,
Commercial Sector, Qualification Commission,
Past President - Hawaii Chapter
· Hawaii
Bar Association and its Subcommittees
on Labor and Alternative Dispute
Resolution. |
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Teaching
Experience
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· Adjunct
Faculty/Lecturer at the Matsunaga
Institute for Peace, University
of Hawaii, Manoa. Advanced Facilitation
and Mediation, Graduate Certificate
in Dispute Resolution program.
Fall,
2003/2005.
· Adjunct
Professor/Lecturer: Wm. S. Richardson
School of Law, University of Hawaii,
Manoa. Mediation and Advocacy.
2005
· Faculty
trainer of Arbitrators and/or mediators
for the American Arbitration Association,
Center for Alternative Dispute Resolution,
The Accord Group, Federal Mediation
and Conciliation Service, Australian
Commercial Disputes Centre, Hong
Kong International Arbitration Centre,
Subordinate Court-Singapore, Kuala
Lumpur Regional Centre for Arbitration,
Supreme Court of the Republic of
Palau and others.
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Sample
Cases
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· Sole
arbitrator of construction and design
disputes arising out of the development
of a US$300 million luxury resort.
Multi-million dollar claims were
raised between the owner, developer,
general contractor, prime sub-contractor,
architect, design consultants, suppliers
and sub-contractors concerning claimed
defective design and construction
of mechanical systems, boatway transportation
system, tile delamination, petroleum
spillage, accounting and insurance
claims.
· Co-mediator
of a thirty-five party, complex
construction and design deficiency
claim involving a senior citizens
residential complex. Mediator/Discovery
Master of claims involving group
of 100+ residential homeowners against
developer and others concerning
deficient siding, water infiltration,
concrete and other problems.
· Arbitration
of hotel management contracts and
accounting disputes.
· Arbitration
panel chair of disputes between
a Korean general contracting company
and American subcontractor involving
construction of airport facilities.
· Sole
or panel arbitrator of construction
industry, design, construction and
material failure claims of various
kinds. Construction projects have
included government and private
sector projects
and have included various types
of residential, commercial and high
rise construction.
· Sole
Mediator of labor and employment
discharge, discrimination (Title
VII and ADEA) and harassment claims,
family business and professional
liability matters.
· Mediator
and co-mediator of business and
commercial matters, hotel/resort
contract disputes, hotel ground
lease controversies following hurricane
damage and conflict between municipal
mayor and county council.
· Mediator
of family business and intergenerational
disputes over transition and liquidation.
Mediator and arbitrator of probate,
trust and guardianship issues between
feuding siblings, mother and grandchild.
· Discovery
Master in civil and designated
complex cases.
· Special
Master of Construction disputes
· Mediator
of construction design deficiency
claim concerning a government water
treatment facility. This mediation
involved multiple parties, including
the government agency, design professional
firms, the general contractor, sub-contractor,
supplier and surety.
· Mediation
of breach of contract and fiduciary
obligation claims between title
and escrow company, selling and
purchasing principals and fidelity
bonding company.
· Mediator
of service contract dispute between
a Pacific island nation government
and American marketing agent.
· Co-mediator
of termination related claims involving
a non-profit service agency and
its Executive Director.
· Mediator
of numerous and varied, simple,
complex and multi-party construction
and design deficiency cases since
1984 ranging from single family
residential, condominium, subdivision,
industrial, commercial, high-rise
and public works projects in Hawaii,
Guam and the mainland United States.
· Mediator
of double wrongful death action,
Koror, Palau.
· Administrative
Hearings Officer for the Department
of Land and Natural Resources.
· Party
appointed arbitrator of operational
and accounting disputes between
multi-state hotel chain owner and
national tour and travel enterprise.
· Fact
Finder for intra-organizational
conflict.
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