Biography
A former senior partner at a large law firm with substantial litigation and dispute resolution experience in resolving insurance coverage disputes, Mr. McGuire also has extensive experience as a mediator and arbitrator where insurance and insurance coverage issues are central to the resolution of the dispute.
Representative Mediations
- Mediator in business disputes with claims against officers and directors as well as corporation, involving D&O coverage issues, with counsel defending under reservation of rights, including mediation within mediation to resolve coverage and allocation issues
- Mediator in complex, multi-party environmental dispute with multiple allocation issues among parties with insurance coverage/partial coverage and no coverage with down-gradient contribution claims and related issues involving leaking underground storage of petroleum products including matrix analysis for fair allocation among primary and excess carriers and insured’s multiple self-insured retentions under various policies
- Mediator in major medical insurance claim dispute involving hospital, medical insurance providers, and corporate employer with coverage and authorization issues
- Mediator in major medical malpractice case with coverage and allocation issues, resulting in mediation within mediation to resolve defense/insurance disputes as integral step to resolution of wrongful death malpractice action involving doctors, nurses, and medical facilities
Representative Arbitrations
- Chair arbitrator on coverage dispute involving IP claims and professional liability insurance
Supplementary Matters
- CGL coverage for environmental claims: Settlement counsel/litigation counsel on coverage disputes, usually on behalf of Fortune 500 and other corporate clients.
- Securities Fraud Class Actions: As settlement counsel for Debtor-in-Possession, settled successfully a major securities fraud class action, including negotiated contributions from carriers providing D&O coverage
- Specialty lines, including underground storage of natural gas: As settlement counsel, facilitated settlement of multiple claims concerning loss of product in underground storage of natural gas, including resolution of occurrence/proof of loss disputes and allocation issues among primary and excess carriers
Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.
- Best Lawyers in America: Arbitration/Mediation (2006-2022)
- 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)
- 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
Counsel Comments
- “Informed decision-makers and able counsel working with an experienced mediator are the key ingredients to a successful mediation.”
- Jim McGuire - “I appreciate the patience, manner, and openness of the mediator. I thought his approach was very constructive and even creative in a difficult case. He was also savvy about evaluation the weakness of part of plaintiff's case.”
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Practice Areas
- Arbitration
- Banking
- Business/Commercial
- Class Action/Mass Tort
- Construction Defect
- Employment
- Insurance
- Intellectual Property
- International & Cross-Border
- Life Sciences
- Professional Liability
- Securities
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