Intellectual property, Technology - experience and qualifications

Mediating since 1991
M.S. in Civil Engineering
Registered Professional Engineer, Colorado, 1975
Experience in technology disputes  in mediation and arbitration.

Panels:  

CPR Institute on Dispute Resolution

American Arbitration Assn., Energy Panel

v American Arbitration Assn., Large and Complex Case 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 law, I have some basic electric engineering training and am a registered professional engineer (civil). I have an MS in Civil Engineering from the University of Denver.

Intellectual property, technology subjects. I have worked in disputes involving, among others, the following:

The following are example IP, technology or telecommunication engagements: 

The following are representative engagements:  

Mediator, telecommunications, 2007 (parties confidential). Joe asked to design a process plan for mediation of a dispute concerning cell phone technology.

Arbitrator, telecommunications, 2006 (parties confidential). Joe was appointed arbitrator to resolve disputes of a telecommunications marketing agreement and allegations of slamming or other disputed marketing practices.

Mediator, telecommunications, 2003 (parties confidential). Joe designed a mediation process to assist the parties to a telecommunications dispute regarding conflicting interpretations of an Interconnection Agreement under the various laws, FCC rulings and Court precedent.

Arbitration Panel Chair, Communications Transmission Dispute, 2004 (parties confidential). Joe served as panel chair to resolve a dispute concerning fiber optic cable installation.

Mediator, telecommunications, 2000 (parties confidential). Joe designed a mediation process to assist the parties to a telecommunications dispute exchange of information and ideas to search for resolutions to disputes over telecommunication services, switching delays and service interruptions. 

Mediator, E-commerce, 2002 (parties confidential). Joe creates a process to help parties resolve their dispute over whether the Internet based e-commerce solutions provided met the client’s needs and the companies’ contractual responsibilities. Joe provided the parties with a process to assess both the legal and technical aspects of this conflict.

Mediator, software asset purchase, 2001 (parties confidential). Joe designed a process and conducted joint sessions in a dispute between the purchaser and seller of software assets.  He assisted the parties in better understanding their respective rights under the applicable agreements, and understanding how and why disputes occurred over the functionality of purchased software.

Settlement Counsel, technology leasing dispute, 2002 (parties confidential).  Joe negotiated an information exchange among disputing parties to reduce unnecessary conflict and permitted a final settlement on complex accounting and legal disputes concerning leased hardware.

Technology and communication related presentations or associations:

·    Presenter, Using ADR in Intellectual Property Controversies, ABA Litigation Section Roundtable, Denver, CO., Jan., 2003.

·    Co-author with EM Thiessen, Beyond Win-Win in Cyberspace, discussion of resolution of environmental disputes using "negotiation support systems" and facilitation, The Ohio State Journal of Dispute Resolution (15 Ohio S. J. of Disp. Res. 643 [1999]).