Joseph P. McMahon Jr.

Arbitration, Facilitation and Mediation 

+303-333-1960
Fax: 480-393-4745
617 Steele St., Denver CO  USA 80206-3941

Home  Site Map    E-Mail: jpmcmahon@jpmcmahon.com

Business law and conflict - experience and qualifications

Mediating since 1991
30 years in business law
23 years with a large commercial law firm
Trial and appellate experience in business law disputes in various state and federal courts
Experience in a wide variety commercial disputes  in mediation and arbitration.

Panels:  

CPR Institute on Dispute Resolution

American Arbitration Assn., Large and Complex Case Panel

American Arbitration Assn., Denver, Construction and Energy Panel

Panel, U.S. Institute for Environmental Conflict Resolution

General experience. I have been working in ADR since my initial mediation training in 1991, and also began service as an arbitrator at that time. In addition to litigation, I have worked with company boards, general counsel and drafted/negotiated business agreements. As a trial lawyer for more than 20 years, I  assisted clients in a wide variety of natural resources and commercial cases in both state and federal trial courts, and in appeals in the Supreme Courts of Colorado and Montana, in the U.S. Supreme Court, and in the U.S. 10th and 3rd Circuit Courts of Appeal. In arbitration, I have also developed tools and processes to simplify the presentation of evidence in arbitration. E.g., Making The Job Easier For Your Arbitrator, published in the Colorado Journal, 2000. For approximately 10 years, I was an instructor in trial advocacy for the National Institute of Trial Advocacy. 

Business law subjects. I have worked in disputes involving, among others, the following:

Banking
Franchising
Human resources, employment
Oil & gas
Investments
Partnerships and dissolution
Break up of professional practices
Attorney malpractice
Agricultural disputes/litigation 

 

 

 

Construction contracts
Mining agreements
Refinery construction
Dissenting shareholder rights
Technology
Minerals exploration and development
Acquisition agreements
Medical group/hospital disputes
UCC Article 2 disputes

The following are example commercial disputes: 

  • Mediator, 2008, dispute over failure of agricultural seed to germinate, and claimed damages

  • Mediator, 2008, claim of attorney malpractice and damage issues

  • Mediator, 2008, investment repayment dispute

  • Arbitrator, 2008, joint investment construction projects.

  • Mediator, 2007, dispute over nature of investment in oil & gas property.

  • Arbitration panel chair, 2006, case regarding disputes concerning an exploration and development agreement.

  • Arbitrator, 2007, partnership agreement disputes and dissolution.

  • Mediator, 2007, senior employee termination

  • Claims for delivery of oil & gas and improper grade delivered.

  • Disputes of over rights to purchase agreement set aside account.

  • Claims for delivery of oil & gas and improper grade delivered.

  • Disputes over on line technology and web sales project.

  • Effective dates of acquisition and rights of purchase.

  • Force majeure suspension of obligations to deliver or take.

  • Disputes over heavy oil projects and use of thermal/steam methods.

  • Claims for damage to Plants due to improper usage.

  • Construction claims regarding refinery.

  • Damage claims for claims of improper transportation and pipeline usage, resulting in claims of isolated resources.

  • Claims of damages for failure to obtain permits.

  • Damages claimed for improper gathering and compression charges.

  • Claims for fraud and intentional misrepresentation in seeking oil and gas investments.

  • Damages claimed for failure to pass good title to property.

  • Claims of mismanagement resulting in increased costs and decreased revenues.

  • Claims for the statutory rights of a dissenting shareholder in improper purchases or sales.

  • Claims concerning toxic torts.

  • Product liability