James E. McGuire, Esq.

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

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

McGuire_James_Insurance_908