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James E. McGuire, Esq.

T: 617-228-0200
F:617-228-0222

Locations

Available worldwide
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James E. McGuire, Esq., a dispute resolution professional since 1989, has extensive experience in all aspects of ADR including mediation and arbitration. He has served as a special master and neutral evaluator.

ADR Experience and Qualifications

  • Experience and expertise in resolving a wide variety of disputes including financial and commercial, securities, insurance, class actions, employment, intellectual property, construction, partnerships and family-owned enterprises, professional liability and medical malpractice matters
  • Mediated over 150 cases and served as an arbitrator in over 100 cases
  • More than ten years of experience as settlement counsel for firm clients in patent licensing, environmental insurance, securities, banking, and finance matters

Representative Matters
Mediations:

  • Business:
    • Mediated wrongful death dispute over pharmaceutical manufacturer's failure to warn
    • Mediated contract dispute concerning failed construction of solar farms
    • Mediated sale of restaurant business from one partner to another (business valuation, accounting, trade name, payment structure, and security issues)
    • Mediated dissolution of law firm partnership (client lists, real estate and equipment leases, A/R and collection, insurance, and publicity issues)
    • Mediated brokerage firm-advertising agency contract termination
  • Intellectual Property:
    • Mediated trans-national patent licensing dispute with European and United States parties (field of use restrictions, royalty accounting issues)
    • Mediated software licensing/ownership dispute between start-up company and terminated executive/co-founder
  • Employment:
    • Mediated termination of doctor from specialty group practice
    • Mediated termination of senior executive in e-commerce music business

Arbitrations:

  • Chair: 3-member arbitration on insurance coverage for intellectual property claim
  • Arbitrator for accounting malpractice claims involving international accounting firm and major corporation
  • Arbitrator for high tech employment dispute: theft of trade secrets; interference; non-solicitation
  • Arbitrator for termination of charter school management contract
  • Arbitrator for fast food franchise partnership disputes
  • Arbitrator for trans-national sale of biotech business

Honors, Memberships, and Professional Activities

  • Best Lawyers in America: Arbitration/Mediation (2006-2015)
  • Best Lawyers, New England, 2015 
  • International Who's Who Legal: Mediation (2014)
  • Dispute Resolution Affiliations: JAMS (2004-present); American Arbitration Association, arbitration panel (1991-2004), mediation panel (1991-2006); International Institute for Conflict Prevention and Resolution ("CPR") mediation panel (1990-2010); World Intellectual Property Organization, WIPO arbitration and mediation general panel (2006-present); HUM, Croatian Mediation Association, mediation panel (2012-present)
  • International ADR Training/Lectures
    • South Korea, International IP ADR Center, IP Mediation, Seoul, South Korea (2014)
    • Trainer, MCLE, Commercial Mediation (2005-2012)
    • Croatia Mediation Association, Mediation Advocacy Workshop, Zagreb, Croatia (2012)
    • Croatia Mediation Association, Risk Analysis in Mediation, Zagreb, Croatia (2011)
    • University of Zagreb Law School, Global Mediation, Zagreb, Croatia (2011)
    • China, Xiangtan University School of Law, Mediation Training and Train-the-Trainers Course, Changsha, Hunan Province, PRC (2011)
    • Canada, ADR Institute of Canada, Global Mediation, Keynote speaker, Calgary (2010)
    • Netherlands, Mediation: Pro-Active Model Workshop; Master Class on Mediation, The Hague, Netherlands (2010) (workshop materials published as booklet)
    • International Trademark Association, Mediation Training Course, Boston (2010)
    • China, Northwest University of Politics and Law, Xi'an Province, PRC, Mediation: Theory and Practice, (2009 (materials on mediation published as chapter in book with Professor Zhao, NWUPL, 2010))
    • China, China Academy of Social Science, History and Practice of U.S. Mediation, Beijing, (paper published by CASS) (2009)
    • China, Beijing Arbitration Commission, Court-Connected Mediation, Beijing (paper published by Judicial Reform Office, Supreme People's Court) (2009)
    • China, China Law Society, Symposium on Mediation, Changchun, Jilin Province, PRC (2009)
    • Canada, Fraser Milner Casgrains, LLP, Advanced Mediation Advocacy, Course for Counsel; Conflict Coaching Clinic, Toronto, Montreal, Calgary, Edmonton (2006, 2007)
    • Jordan, IP Mediation, Jordan Intellectual Property Organization/World Intellectual Property Organization, Joint Program (2006)
    • Jordan, Mediation and Arbitration Training for Insurance Commission of Jordan, Amman, Jordon, (two-week program sponsored by ABA 2006)
    • Norway, Mediation Training Seminar, (Teaching assistant for Harvard PON mediation course, 2005)
    • Russia, Commercial Mediation Training, Rostov-on-Don, Russia (2005)
    • Russia, Mediation of Transnational IP Patent Licensing Disputes, Moscow Commercial Court, Moscow (2004)
    • Boston University School of Law, Mediation: Theory & Practice Seminar (Lecturer, 2003-2007; Guest Lecturer, 2008-2014)
    • Harvard Law School, Program on Negotiation, Mediation Seminar, (Lecturer, 1989-2011)
    • Northeastern University School of Law; Mediation in the Public Interest (Adjunct Professor, 1999-2002)
    • Johns Mansville Asbestos Mediation Program, Mediation Training, (Faculty, 1990)
  • Publications
    • Numerous articles in ABA Dispute Resolution Magazine and other periodicals on various aspects of mediation process and mediation advocacy
    • Mediation: A Practical Guide (2014)
    • China, Building a Common Language, (English-Mandarin book on ADR and mediation process) published by China Legal Press (2011)

Background and Education

  • Mediator and Arbitrator, JAMS, 2004-present
  • Chair, ADR Practice Group, Brown Rudnick LLP, 1989-2004 (Associate and Partner, Trial Department, 1982-1989)
  • Associate, Litigation Department, Goodwin, Proctor & Hoar, 1975-1982
  • Law Clerk for Hon. Joseph L. Tauro, U.S. District Court, District of Massachusetts, 1974-1975
  • J.D., Boston University School of Law, 1974 (Editor-in-Chief, Law Review, 1973-1974)
  • B.A., Harvard College, 1968