Mediation

An arbitration is a party-chosen means to resolve a dispute outside of the court system. Many of the procedures followed in court are followed in an arbitration, although a bit less formally. Most parties have chosen arbitration as an alternative dispute resolution option to achieve a quicker, less costly, private, means to resolve a dispute. The arbitrator(s) is typically chosen by the parties and, barring some egregious irregularity, the arbitrator’s decision is final. An arbitrator has to have the ability to conduct a fair proceeding, giving each side the opportunity to perform some discovery (generally less than in a court proceeding) and then conduct a hearing where each side is given the opportunity to present witnesses that can be cross-examined, and make arguments advocating the client’s respective position. The arbitrator must conduct that hearing in a fair and reasonable manner, ruling on objections to evidence, evaluating the evidence and applying the law where appropriate.

Jim Fitzgerald has first-chaired 50 civil jury trials and dozens of arbitrations, (e.g. business disputes, including insurance disputes before the AAA and JAMS, judicial arbitrations, securities and financial disputes before NASD/FINRA, reinsurance disputes under ARIAS, and entertainment matters before the Independent Film and Television Alliance). Based on that experience Jim brings the skills necessary to arbitrate disputes in a professional, fair and compassionate manner. Jim intimately knows trial and arbitration procedure, and applies the rules of evidence when and where necessary to achieve fair consideration to all parties involved. While arbitration is an alternative means to get a ruling and resolve a dispute without the intervention of a court, Jim believes that the parties still deserve the impartiality, fairness, and even-handed respect that a court would provide to the parties and counsel. This is why arbitrators must have, and exercise, their listening skills and application of fairness to the arbitration so that they can render a decision and award that is fair and just. The parties deserve no less from their arbitrator. That is the service that Jim provides.

Upon being selected as the arbitrator, Jim will request the Demand for Arbitration, the Response, and, within 30 days, a 10-page brief addressing the salient facts and the essential issues in the case and each party’s position as to each issue. Jim will then conduct a pre-hearing meeting to discuss the merits of the case, anticipated evidentiary and legal issues, discovery, the tribunal’s applicable rules and scheduling. Jim will guide the attorneys and their clients to focused, limited discovery so as to achieve the goal of arbitration - efficiency, reduced cost, and quicker resolution. All attempts will be made to schedule the arbitration hearing within six months of the pre-hearing meeting at a time and location that is mutually amenable to the attorneys, their clients and the arbitrator(s). At the parties’ request a reasoned award will be rendered within 45 days of the hearing; however, if any post-hearing briefing is involved that will extend the deadline for the arbitrator’s decision.

Jim will work with the parties and their counsel to conduct their arbitration within the confines of their arbitration agreement, the chosen tribunal’s rules, fairness, civility and professionalism.

Fitzgerald Legal Consult, P.C. arbitrator services are charged as follows: (1) an hourly rate for the arbitrator’s pre-hearing work and assistance, (2) a flat full or half day rate for each day of the arbitration hearing, and (3) a flat rate for deliberation and issuance of a reasoned award.

Jim Fitzgerald has been an adviser to clients for over forty years on a wide variety of their issues, problems and disputes. One of Jim’s attributes that clients have valued so highly is his ability to not just think like a lawyer, but also like a C-suite business executive. Jim is equipped to perform decision tree analysis designed for risk avoidance and risk management while balancing the legal issues and ramifications to the case and the business’ goals. To just consider the legal analysis without the effect on the client’s business is only performing half of the job - consideration of the interplay and effect of one on the other is critical.

Jim’s approach to a client’s problem is a trial lawyer approach - result-oriented, and razor-focused on the real issues in the dispute. Because of his trial skills, Jim has often been retained by clients as a trial consultant or co-counsel to assist in, or direct, the preparation for trial, including theme development, witness problems, expert witness identification and selection, risk assessment, trial briefing and focusing the trial team on the critical issues to be tried. Jim has also been used to help mediate a case where the relationship between counsel is not conducive to fostering a realistic settlement. While surprises always arise during trial, excellent preparation mitigates potential surprise and/or “ambush” during trial. There is no substitute for proper preparation, which is why Jim has developed over the years a template for the 120 days before trial. He has also developed and presented a program for in-house counsel to assist them in directing and monitoring outside counsel’s trial preparation and trial performance. Jim is an excellent teacher of trial skills and enjoys bringing along younger lawyers looking for experienced guidance in trial preparation and the vagaries of trying cases. He has honed these educator skills by volunteering his services as a trial instructor for the National Institute of Trial Advocacy (NITA) for over 30 years. He has helped literally hundreds of young litigators from all around the country hone their trial skills - an invaluable and rewarding experience he has treasured for the past 30 years.

Jim’s has always been a team player - and always helped identify the best choice of the lawyer to best try a particular case. He has tried many cases with other firms as co-counsel, either behind the scenes or on the front line in the courtroom. Jim’s temperment and affable personality have made it easy for him to assimilate with other lawyers within his firm, with outside counsel and with in-house counsel or other client representative. He has tried matters with partners of other firms, general counsel of the client or other business executives. In short, Jim has the capacity to work with anyone to achieve the best result or solution for the client.

Fitzgerald Legal Consult, P.C. works with clients to develop the best basis for charging for its services - flat fee, project based fee, phased rates, and hourly rate - that is acceptable to the client.