Mediation And Arbitration the Way It Should Be

• Experience • Substantive Knowledge • Preparation • 93% Settlement Rate

Why Masini Mediation | ADR On The Merits ?

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-“Unfortunately, given the nature of my business, I have been involved in several lawsuits. I have encountered lawyers and mediators that were very good, and others who were worthless. I first hired Jon in 2010 through a referral for a case that eventually went to trial. Not only did Jon obtain a defense verdict for us, we recovered on our Counterclaim and the jury awarded us punitive damages, which is extremely hard to do in California. When we used Jon as a mediator in a subsequent dispute, he was outstanding. His technical knowledge, thoroughness and professionalism resulted in settlement of a multi-million dollar case which none of the parties expected would settle. I can’t say enough about Jon as a lawyer, mediator and all around great person”

Robert D. Moore — President

RDM International | RDM Warehouse | RDM Transportation

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“I have been an attorney for nearly 40 years primarily representing small to mid-sized companies in commercial and construction litigation. I have been involved with numerous arbitrations and mediations representing both claimants and respondents. Recently, I defended a general contractor in an arbitration involving complex issues of law and fact. Mr. Masini was the neutral for the arbitration proceeding. After the proofs were closed, Mr. Masini had the insight to realize that a ruling would likely not be in either party’s best interest. He, therefore, suggested a mediation process for the parties and, with the consent of the American Arbitration Association, changed his role and became a mediator. Due to the complexity of the issues involved and the parties’ relative positions, I was extremely skeptical of any success with the mediation. However, Mr. Masini’s skill and approach to the mediation resulted in an agreement between the parties resolving all of the issues. If it were not due to Mr. Masini’s insight and mediation skills, the parties would certainly not have been able to resolve their dispute amicably. Mr. Masini is extremely knowledgable in his field, and I would definitely choose him as one of my first choices for any future arbitration or mediation proceedings. “

James Karras, Esq.

Kelly & Karras, Ltd.

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“I have known Jon for years as a construction litigator, typically in cases representing co-defendants. When we selected Jon as the mediator in a multi-party, complex construction case, Jon’s extensive experience (as an architect, lawyer and mediator) was a tremendous benefit to all parties and Jon worked tirelessly and was able to get the case settled. “

Edward Fitzsimmons Dunne, Esq.

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“WHEREAS, Mr. Jon Masini was assigned to be the mediator for this Mediation. Mr. Masini is a renowned attorney in the area of construction litigation with more than 25 years of experience. Mr. Masini’s legal practice has involved representation of owners, architects, construction managers, contractors, all engineering disciplines, surveyors, and insurance companies in all types of construction-related matters, including cases and contract negotiations involving government projects. Mr. Masini also is an experienced architect and has a detailed technical understanding of disputes that arise on construction projects. Mr. Masini is on the approved panel of mediators for the American Arbitration Association and has successfully mediated more than 30 matters. Mr. Masini has met with each Party individually to address the strengths and weaknesses of each Party’s claims and defenses. Mr. Masini has also reviewed various documents and information related to the Project.”

The above is an excerpt from a settlement agreement prepared by counsel for the settling parties, who were required to identify the qualifications of the mediator in the agreement.

As the founder of Masini Mediation | ADR On The Merits, I decided to become a mediator and arbitrator in 2007 because, quite frankly, having participated in well over 100 mediations and arbitrations since 1989 as a litigant in numerous large, complex, multi-party construction and commercial cases, I was becoming increasingly frustrated that some mediators and arbitrators did not seem to have a full understanding of the substantive technical issues or the details of the case.

As the name implies, at Masini Mediation | ADR On The Merits, our dispute resolution philosophy is to thoroughly delve into, and challenge, the merits of each party’s positions, including a detailed assessment of all factual, technical, expert and legal contentions – on both liability and damages issues. What sets us apart is our decades of experience handling and settling extremely technical cases. We believe that is why parties choose Masini Mediation | ADR on the Merits to serve as their mediator or arbitrator. We pride ourselves on our thorough attention to detail, as well as our extensive experience handling all types and sizes of complex construction and commercial litigation matters.

For mediations, preparation is imperative. In addition to our own comprehensive analysis “on the merits”, we schedule separate meetings and/or conference calls with each party in advance of the mediation, the purpose of which is to discuss, in detail, all disputed liability and damages issues, get clarification on any facts, issues or positions, and discuss each party’s preliminary settlement positions so that, at the mediation, we can promptly engage in negotiations and make the best use of everyone’s time.

Please see examples of REPRESENTATIVE CASES WE HAVE HANDLED AND SETTLED.

If you have a technical case, and you want it resolved- on the merits- let us lead the way.

Jon B. Masini

BIOGRAPHY