Biography
James E. McGuire, Esq., brings over 20 years of experience as an international mediator and arbitrator. His experience covers all areas of dispute resolution including mediation, arbitration, as well as work as a special master and as a neutral evaluator. A former senior partner at a large law firm, Mr. McGuire has substantial experience as both a litigator and a neutral in resolving patent licensing disputes and insurance cases of all types. Mr. McGuire is known for his keen intellect and his ability to rapidly grasp the details of even the most complicated cases.
ADR Experience and Qualifications
- Experience and expertise in resolving a wide variety of international disputes including financial and commercial, intellectual property, joint ventures and partnerships
- Mediated over 150 cases and served as an arbitrator in over 100 cases
- International trainer for mediation/arbitration programs in Russia, China, South Korea, Croatia, Canada, Norway, and Netherlands
Representative Matters
- Mediations
- Mediated intellectual property (IP) and joint venture business dispute between Taiwanese family business and U.S. company in adjustable electric beds industry (patent ownership; IP licensing; manufacturing contracts)
- Mediated trans-national patent licensing dispute with European and United States parties in medical device area (field of use restrictions, royalty accounting issues)
- Mediated dispute between Mexican business entity and global fuse and switch products supply company in semiconductor industry, headquartered in France with multiple subsidiaries worldwide (sales territory; performance under various sales/distributor agreements)
- Mediated dispute between major insurance carrier and insurance broker firm concerning bond underwriting in international shipping
- Mediated dispute between Italian company and U.S. company concerning video surveillance/facial identification software (patent ownership/infringement; copyright ownership/infringement; misappropriation of trade secrets)
- Mediated distributor dispute between domestic U.S. subsidiary of international engine manufacturer and commercial distributor (also resolved two prior pending arbitration matters in other jurisdictions)
- Mediated software licensing dispute between U.S. software company and global high-tech recruitment firm (software multi-language functionality; performance and payment issues)
- Mediated IP and business venture dispute between South Korean manufacturer and U.S. tech company concerning high-tech ink and printing processes (trademark/copyright issues; trade secret technology)
- Mediated financial dispute with Brazilian bank and Massachusetts realty trust concerning commercial leases
- Arbitrations
- Accounting malpractice dispute with accounting firm's global tax practice group and U.S. technology company (3-member panel)
- Trans-national sale of biotech business (sole arbitrator)
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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- 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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