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James E. McGuire, Esq.

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

  • Recognized by Best Lawyers as one of the 2016 Best Lawyers in America for ADR
  • 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

Disclaimer

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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