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R. Malcolm Graham

Hon. R. Malcolm Graham (Ret.)

Case Manager
Christopher Justis
T: 617-228-9168
F: 617-228-0222
One Beacon Street, Suite 2210, Boston, MA 01721


Hon. R. Malcolm Graham (Ret.) brings over 30 years of judicial experience to his JAMS practice, including a decade as Associate Justice of the Massachusetts Appeals Court.  As a career jurist, Graham places special weight on parties’ ability to achieve a full and fair hearing.  He believes that ADR plays an important role in the efficient administration of justice.  Parties value Justice Graham’s careful consideration, quick wit, and his full and frank assessment of the issues.

In addition to mediation and arbitration Justice Graham is also available for Neutral Analysis work with Title IX subject matters. He has experience in reviewing Universities current policies and procedures, with a focus on the systems for handling and responding to complaints of discrimination, harassment or abusive conduct.

ADR Experience and Qualifications

Justice Graham has extensive experience in the resolution of complex disputes in the following areas:

  • Administrative Law
  • Arbitration
  • Business/Commercial
  • Civil Rights
  • Construction
  • Employment/Labor
  • Entertainment & Sports
  • Insurance
  • Personal Injury
  • Real Property
  • Title IX

Representative Matters

Justice Graham has adjudicated, mediated, or arbitrated a wide variety of matters including:

  • Several labor disputes between major public utility and its various bargaining units
  • A wide variety of personal injury cases involving negligence and defective product claims
  • Contract and commercial disputes
  • Medical malpractice claims
  • Construction litigation
  • Municipal land use and zoning requirements
  • Neutral Analysis
    • Neutral investigation into racism at a large University resulting from complaints brought by former and current student athletes against a coach.
      • Justice Graham reviewed university systems, climate, and the culture of handling complaints, and recommended actions and changes, including those related to personnel.
      • Helped provide the campus with a thorough and objective look at what occurred, what information could be used to make improvements.
      • Worked closely with the Title IX administrative coordinator.
      • Made recommendations, which were implemented, on changes to the college's Title IX disciplinary hearing procedure.

Published decisions relative to ADR include:

  • Massachusetts Highway Department v. Perini Corp., et al., 83 Mass. App. Ct. 96 (2013) (civil action challenging arbitration awards with respect to public agencies overseeing the Central Artery/Tunnel Project (Big Dig))
  • Falmouth Police Superior Officers Ass’n., et al. v. Town of Falmouth, 80 Mass. App. Ct. 833 (2013) (arbitral question, collective bargaining, grievance procedure, public employment)
  • Sherriff of Suffolk County v. AFSCME Council 93, 67 Mass. App. Ct. 702 (2006) (arbitral award exceeded scope of authority granted)
  • Member, Massachusetts Superior Court Alternative Dispute Resolution Committee, 2000-2004
  • Recipient, Honorary Doctor of Laws, New England School of Law, 2004
  • Chairman, Board of Trustees, New England Sports Museum, 2001-2004
  • Member, Executive Committee of the Massachusetts Judges Conference, 1992-2001
    • Founding Member, International Judicial Exchange Program, 1997-2001 (Rule of Law Programming in the former U.S.S.R. and the Far East)
  • Recipient, Massachusetts Judges Conference Award for Judicial Excellence (President’s Award), 1998
  • Member, Massachusetts Superior Court Personnel Committee, 1986-1998
  • Co-Author and Editor, Judicial Wellness: A Stress Management Guide For and By Judges, National Judicial College, 1996
  • President, Massachusetts Black Judges Conference, 1987-1995
  • Member, Advisory Board for “Citybridge,” a tuition free summer and after school academic enrichment program sponsored by the Concord Academy
  • Member, American Bar Association
  • Member, Massachusetts Bar Association
  • Member, Boston Bar Association
  • Member, World Champion Boston Celtics (1968, 1969)
  • Recipient of the 1992 National Collegiate Athletic Association College Athletes Top Six Silver Anniversary Award for athletic achievement in college for collegiate activities, baccalaureate degree, career achievement and civic accomplishments
  • Silver Anniversary Award 1992 from the National Association of Basketball Coaches, for outstanding achievement in college basketball, civic and career achievement
  • Silver Award Winner for Outstanding Accomplishments in College Sports, National Collegiate Athletic Association, 1969
  • Associate Justice, Massachusetts Appeals Court, 2004-2014
  • Certificate, Dispute Resolution, National Judicial College, 2009
  • AEI-Brookings Institute Symposium on Critical Issues in Construction Defects Litigation, 2006
  • Associate Judge, Massachusetts Superior Court, 1986-2004
    • Chairman, Appellate Division, 2002-2004
    • Regional Administrative Judge for Superior Court Criminal Business in Middlesex County, 1985-1997
  • Associate Judge, Roxbury District Court, 1982-1986
    • Presiding Judge by Designation, Middlesex County Superior Court, Civil Part, 1983, 1984, 1985
  • Of Counsel, Budd, Reilly and Wiley, Boston, MA, 1981-1982
  • Associate, Peabody & Brown, Boston, MA, 1974-1981
  • J.D., Boston College School of Law, 1974
    • Recipient, Earl Warrant Legal Defense Fund Award
  • Member, Boston Celtics World Championship Teams, 1967-1969
  • Member, Academic All America Basketball Team, 1967
  • B.S., Business Administration, New York University, 1967
    • Recipient, Rudolf K. Brosius Key for Outstanding Achievement, Business Writing and Speaking



Practice Areas

  • Administrative Law
  • Arbitration
  • Business/Commercial
  • Civil Rights
  • Construction
  • Employment/Labor
  • Entertainment & Sports
  • Insurance
  • Personal Injury
  • Real Property
Available nationwide


This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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