Facilitation, Conflict Management and Dispute Resolution 
Joseph P. McMahon Jr.  

+303-333-1960   

617 Steele St., Denver CO  USA 80206-3941

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Mediation training/experience

Mediation experience includes: Business, environmental (including NEPA, CWA, ESA), construction, natural resources, contract, securities, real estate, water, water rights, intellectual property, intra-governmental, stock purchase, shareholder dissent, manufacturing, natural gas, medical practice, tort, employment and inter-personal disputes, including multi-party, multi-issue mediations.

Memberships and service.

·   National Roster of Environmental Conflict Resolution and Consensus Building Professionals, U.S. Institute for Environmental Conflict Resolution, Tucson , AZ.

·   CPR Institute for Dispute Resolution, N.Y. , N.Y.

o Panel of Distinguished Neutrals ( Denver )

o Environmental Panel

o Oil & Gas Panel

o Construction Panel

o US-China Business Mediation Panel

o Member, GMC-GM Dealers Dispute Resolution Pool

·   Facilitator, USAEP ( United States Asia Environmental Partnership, Exchange Program for Sustainable Growth), Certification Program for Professional Associations, Feb., 2003.

·   American Arbitration Association

o Panel of Arbitrators – Commercial

o Construction Panel.

o Energy Panel

·   Member: Assn. for Conflict Resolution, American Bar Assn., Colorado Bar Assn.

·   Colorado Office of Smart Growth, Intergovernmental Land Use Dispute Resolution Program, List of Qualified ADR Professionals.

·   Mediator, Victim Offender Reconciliation Program ("VORP") of Denver . Inc.

Mediation or ADR Training (more than 100 hours of formal mediation training).

  • Introductory Mediation Training, Center For Mediation in Law, CA (1991).
  • Advanced Mediation Training, Power Imbalance in Mediation, Center For Mediation in Law, CA (1992).
  • Advanced Mediation Training, Mediation in the Commercial Setting, Center For Mediation in Law, CA (1996).
  • VORP Training Familiarization Training, Denver, Co., January 1996.
  • VORP Staff Training, Denver, Co., June 1996.
  • Misc. Bar Association ADR trainings, and extensive personal study in mediation, conflict analysis and dispute resolution.
  • Ethical Considerations for Lawyers as Mediators; Ethical Issues in Negotiations, CLE of Colorado, Inc., September 1999.

ADR Training conducted    

  • ·   Lawyer as Problem Solver, Colorado Bar Assn., Denver , July 28, 2006 .

    ·   Mediation Styles, Colorado Bar Assn., basic mediation course, lecturer, May, 2005.

    ·   Using Technical Teams in Mediation and Settlement, Colorado Bar Assn., ADR Section, Denver , May, 2005.

    ·   Engaging Attorneys and Clients in Interest-Based Bargaining, co-facilitator, ABA 6th Annual Dispute Resolution Section Conference, NY , NY , April 2004.

    ·   Bringing Your True Self to the Table, co-presenter, Association For Conflict Resolution, Annual Family Section Conference, Denver, CO., July, 2003

    ·   A Mediation Process to Increase Value in Settlement, Moye Giles O’Keefe & Vermeire, Denver, CO., Apr, 2003

    ·   Improving Communications in Mediation & Removing Barriers to Settlement,  presented at Wheeler, Trigg & Kennedy, Denver, CO., July, 2003; Holme Roberts & Owen, Denver CO., June, 2003; Holland & Hart, Denver, CO., Jan., 2003; Univ. of Colorado Hospital (Legal Dept), Dec, 2002; Morrison & Foerster, Denver, CO, Oct. 2002; Hydrosphere, Inc., Boulder, CO, Oct. 2002; Ireland, Stapleton, Woods & Levy, Denver, CO, Sept. 2002; Sherman & Howard, Denver, CO, Sept 2002; Isaacson, Rosenbaum, Woods & Levy, Denver, CO, Sept. 2002; Snell & Wilmer LLP, Denver, CO., May 2002.

    ·   Improving Communication in Mediation, Colorado Bar Assn., ADR Section, Denver , Sept. 2002.

    ·   Improving the Resolution of Commercial Disputes, Front Range Association of General Counsel, Broomfield, CO., August, 2002

    ·   Improving Communications in Mediation and Removing Barriers to Settlement, Colorado Association of Corporate Counsel, Denver , June, 2002.

    ·   Negotiation & Appropriate Dispute Resolution, American Corporate Counsel Assn., Denver, CO., January 2001.

    ·   Negotiation & Appropriate Dispute Resolution, Colorado Assn. of Corporate Counsel, Denver, CO., February 2001.

    ·   Better Negotiations and Improved Settlements, Colorado Attorney General’s Office, Spring, 1999.

    ·   Better Negotiations and Improved Settlements, Colorado Bar Assn., Jan 2001

    ·   Better Negotiations and Smarter Settlements, Colorado Bar Association, January, 2001

    ·   Guiding Institutions Through Conflict; Moving from Litigation to Mutual Gains Bargaining, ABA Dispute Resolution Conference, San Francisco , April 2000.

    ·   Online Dispute Resolution, Harnessing the Internet to Efficiently and Effectively Resolve Disputes, October, 2000, Phoenix , Arizona .

    ·   Serving as Settlement Counsel, Duke Univ. Law School , December 2000.

       Intellectual Property

    ·   Using ADR in IP Controversies, ABA Litigation Section Roundtable, Merchant & Gould, Denver, CO., Jan., 2003

       Environmental

    ·   Interest-based Bargaining in Environmental Disputes, Rocky Mountain Association of Environmental Professionals, May 2001.

    ·   Ethics in Environmental Negotiation, Colo. Bar Assn., Environmental Law Section, December 1999.

    ·   Interest-based Bargaining in Environmental Disputes, Colo. Bar. Assn., Environmental Law Section, January 2001.

    ·   Mediation Styles, US Institute for Environmental Conflict Resolution, May 2000.

    ·   Guiding Institutions and Organizations Through Mediation: A Hypothetical Based on the Snake River Adjudication, panel facilitator, U.S. Institute For Environmental Conflict Resolution program on ADR and Natural Resources/Environment, May 2000.

    ·   Visiting Professor and role-play facilitator in the mock negotiation of the San Francisco Airport Runway Expansion Negotiations, Advanced Negotiations Course, Stanford Law School , Program on Mediation and Negotiation, April 2001.

       Land Use

    Mediating Land Use Disputes, lecturer, Colorado Municipal League 81st Annual Conference, Pueblo, CO., June 2003.

       Natural Resource & Energy

            Improving Natural Resource and Energy Dispute Resolution, Colorado Bar Natural Resource and Energy Section, Denver, CO., March 2004.

      Employment

    ·   ADR in Employment Disputes, Univ. of Denver Law School , Oct., 2002, 2004.

    ·   ADR in Employment Disputes, Univ. of Colorado Law School , May 2000.

      Government ADR

    ·   Confidentiality in ADR: Challenges and Emerging Solutions, Panel Member, ACR Annual Convention, San Diego , August 2002.

    ·   Training facilitator, Confidentiality in Government ADR Processes, US Institute for Environmental Conflict Resolution, Tucson , AZ., March, 2002.

     

Author or Presenter  

  • Contributing author, Building ADR Into the Law Firm; ADR Systems Design, published by CPR Institute for Dispute Resolution, 1997.
  • Author, Selecting a Securities Mediator: Exercising Your Options, ABA Securities News, Fall 1997.
  • Co-author, Beyond Win-Win in Cyberspace, discussion of resolution of environmental dispute using "negotiation support systems" and facilitation, The Ohio State Journal of Dispute Resolution, July 2000.
  • Author of Annual Summary of ADR Law (1999) in CLE of Colo., Annual Summary of Law.
  • Author on ADR for various publications including the Colorado Journal, Verdicts & Settlements (Los Angeles), Washington Journal (Seattle), Arizona Journal, and the Nevada Journal, including the following articles:

    A Three-Phased Approach to Settlement (Planning settlement efforts).

    Background Check (Interviewing potential mediators).

    The Write Stuff (Drafting ADR clauses to meet client needs)

    Get Together (Using a ‘neutral convening’ as an ADR option).

    What To Do When Litigation Threatens (Making prudent decisions when disputes are likely).

    Making the job easier for your arbitrator (Tips on preparation and presenting evidence at the hearing)

    What Ethical Duties Does a Lawyer Owe to a Mediator?

    Matching Bargaining Styles with ADR Options.