Patricia Thompson

Patricia H. Thompson, Esq., FCIArb

JAMS Arbitrator and Mediator


Case Manager
Brad McNamara
T: 215-246-9494
F: 215-246-0949
1717 Arch Street, Suite 3810, Philadelphia, PA 19103

Patricia H. Thompson is available to conduct cases virtually. JAMS is equipped to provide virtual ADR services on a variety of online platforms, including Zoom, Microsoft Teams, WebEx, and more.

Biography

Patricia H. Thompson, Esq. is a full-time arbitrator and mediator at JAMS, concentrating her practice in construction and surety claims, employment discrimination, wage and non-compete disputes, fidelity and business insurance coverage analysis, and other complex commercial disputes.

As an arbitrator, she uses lessons learned over 46 years of trial, arbitration, and appellate practice to pro-actively manage arbitrations to be a more efficient, fair and cost-effective method of dispute resolution than litigation. As a mediator, she guides the exchange of necessary information in advance of the parties’ joint sessions, assists in planning how to structure the negotiation sessions, and uses experience and preparation to help the parties assess risk, value claims, and make informed decisions as to the best avenues of resolution.

Ms. Thompson has been regularly listed in The Best Lawyers in America, Chambers USA Guide to America's Leading Business Lawyers, The International Who's Who of Construction and Business Lawyers, and similar Florida publications ranking attorneys in her areas of practice concentration. She is a fellow of both the American College of Construction Lawyers and the Chartered Institute of Arbitrators, and a member of ArbitralWomen.

Ms. Thompson has served as chair and in other senior leadership roles of major committees of the Tort and Insurance Practice and Litigation Sections of the American Bar Association. In 2012, she was awarded the Martin J. Andrew Award for Lifetime Achievement in Fidelity and Surety Law by the Fidelity Law Committee of the Tort, Trial and Insurance Practice Section of the ABA.



Representative Matters

Construction

  • Chaired a construction arbitration panel which resolved conflicting claims of material breach of contract, defective work, delay, and wrongful termination
  • Served as umpire in assisting two expert appraisers in resolving a multi-million dollar dispute under the loss appraisal protocol of a construction policy
  • Served as party-appointed arbitrator in an ad hoc defective construction dispute
  • Served as single arbitrator in a construction dispute over hurricane damage remediation on a Caribbean island.
  • Mediated numerous construction defect, delay, non-payment, and wrongful termination claims
  • Mediated coverage issues raised in multi-insurer construction dispute
  • Litigated construction delay claims by surety against architect and engineer
  • Litigated nonpayment and wrongful termination claims by contractors against developers
  • Defended developer against nonpayment claim of contractors, in arbitration involving claims of design negligence and defective work
  • Litigated numerous claims of nonpayment by subcontractors against contractors and sureties
  • Litigated numerous performance bond claims by public and private owners against sureties
  • Negotiation of numerous take-over and completion agreements between sureties and owners

Employment

Arbitrated and mediated numerous wrongful termination, retaliation, unpaid wage and various types of employment discrimination claims, including:
  • Mediated a claim by a senior university employee for breach of employment contract
  • Mediated sexual harassment and discrimination claims
  • Mediated a class/collective action involving 200 employees of a construction industry company asserting FLSA overtime claims
  • Arbitrated employee claims of disability discrimination and race discrimination
Litigated and investigated many employment disputes, including:
  • Obtained injunctive relief to enforce non-compete agreements
  • Investigated and resolved numerous ADA premises liability claims
  • Investigated and resolved numerous administrative charges involving gender, age, race and national origin discrimination, harassment, and retaliation claims
  • Defended Title IX discrimination claim involving university professor
  • Handled case involving  international telecommunication company against claims of gender, age, and natural origin discrimination by senior executive on expatriate assignment, resulting in summary judgment in favor of client
  • Handled case at trial and appellate levels  involving  claims of gender, age, and natural origin discrimination by senior executive on expatriate assignment against international telecommunication company
  • Litigated and arbitrated numerous wage and hour claims involving multiple types of businesses
  • Settled matter between national credit reporting company against claim of age discrimination by sales employee
  • Handled case involving national moving company against claim of gender discrimination by warehouse employee
  • Multiple collective FLSA actions against national restaurant chain
  • Multiple ADA premises liability actions against national restaurant chains and shopping center owners
  • Numerous retaliation actions involving wage, workers compensation, and whistle-blower claims

Commercial

  • Arbitrated commercial and consumer disputes involving claims of fraud, FDUTPA, and multiple breach of warranty claims
  • Arbitrated numerous TCPA, FCCPA, and other related state law claims
  • Arbitrated Fair Credit Reporting Act claims
  • Arbitrated several claims for breach of contract
  • Defended evidentiary proceeding on motion for preliminary injunctive relief in connection with contractual right of first refusal in sale of business; motion denied and case settled
  • Handled numerous claims on notes and mortgages, including foreclosures involving low income rental properties
  • Defense of claim in arbitration for damages for alleged breach of contract to purchase shopping center
  • Defended and pursued claims on letters of credit

Insurance

  • Served as chair of a three-arbitrator panel sitting in Miami for an insurance coverage dispute involving international choice of law issues concerning coverage under a policy of insurance sold and issued in Costa Rica and allegations of negligence on the part of the soliciting insurance broker
  • Arbitrated employee theft coverage dispute between a college and its insurer
  • Mediated a coverage dispute between a school and its insurer over allegations of abuse of children
  • Litigated claims of reformation of insurance policy
  • Investigated and defended numerous coverage claims under Financial Institution Bonds and various commercial crime policies
  • Litigated numerous claims for disability or life insurance coverage
  • Issued numerous coverage opinions, cases involving issues of fidelity, forgery, and other claims under bonds and crime policies

Pro Bono

  • Mediated a dispute between the mobile home site renters and the owner of the mobile home park
  • Mediated an eviction dispute between a tenant of subsidized housing and the landlord
  • Litigated and settled several disputes involving churches, including issues including suit against a contractor who misused $50,000 in funds and employment related matters, and cases involving constitutional church-state statutes
  • Provided employment counseling to pro bono legal aid organization
  • Negotiated fraudulent claims in the area of elder law and care
Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.

Professional Recognition
  • Recognized as one of the Best Lawyers in America, 2018-2022
  • AV rating by Martindale-Hubbell
  • Listed in Best Lawyers in America, Employment Law – Management, Labor Law – Management (2006-2017, 2021)
  • Listed as Miami Labor Law - Management "Lawyer of the Year" in The Best Lawyers in America (2016)
  • Recipient of the 2013 Greater Miami Chamber of Commerce Salute to Miami’s Leaders Awards (Legal/Law)
  • Listed in Chambers USA Guide to America's Leading Business Lawyers (2006-2016)
  • Selected for inclusion in Florida Super Lawyers (2006-2016); Florida Super Lawyers' Top 50 Female Lawyers and Top 100
  • Selected for inclusion in The International Who’s Who of Construction Lawyers (2005, 2007, 2008, 2010, 2011, 2013, 2014, 2020)
  • Selected for inclusion in The International Who’s Who of Business Lawyers (2015)
  • Listed as a Top Lawyer in South Florida Legal Guide (2002-2003, 2005-2015)

Professional and Civic Activities
  • American College of Construction Lawyers
    • Past member, Board of Governors
    • Past member, Nominating Committee
    • Insurance and Surety Committee, Past Co-Chair
  • The Florida Bar
    • Eleventh Circuit Unauthorized Practice Law Committee "A," Former Chair
    • Past Member, Florida Bar Grievance Committee "llB"
  • American Bar Association
    • Forum on Construction, frequent author and speaker
    • Tort Trial and Insurance Practice Section
      • Fidelity and Surety Law Committee, Past Chair & Vice-Chair 
      • Past Program Co-Chair, Annual and Mid-Winter Fidelity and Surety Programs
      • 2012 Recipient of Martin J. Andrew Award for Lifetime Achievement in Fidelity and Surety Law
      • Frequent program speaker, author and contributor to Committee publications
      • Brief, Past Editorial Board Member
      • Professionalism Committee, Former Member
    • Litigation Section
      • Frequent program speaker
      • Construction Litigation Committee, Past Co-Chair
      • Mechanics Lien Subcommittee, Past Chair
      • Damages Subcommittee, Past Chair
      • ADR Committee, Membership Subcommittee, Past-Chair
      • Woman Advocacy Committee, Former State Coordinator
      • Past Member, Task Force on Model Rules of Ethics for Mediators
      • The Ethics of the Deal, Section of Litigation Annual Meeting, Program Chair, 2005
  • The Fidelity Law Association, Former Member, Board of Advisors
    • Surety Claims Institute Program Coordinator, January 2000
    • Fidelity Committee Member
  • American Arbitration Association, Past Member, Approved Panel of Arbitrators for Complex Commercial Cases
  • The Defense Research Institute, Former Member
  • The Eugene P. Spellman American Inn of Court, Past Member
  • Women’s Chamber of Commerce of South Florida, Past Officer and Director

Publications
  • Panelist, “[PODCAST] Demystifying Mediation and Arbitration Myths in the Construction Industry,” JAMS ADR Insights, April 2022
  • Author, “Arbitration Appeals: A Safety Value That Is Fast, Fair, Cost-Effective and Final,” ADR Times, March 2022
  • Interviewee, “My Story” Featuring Patricia H. Thompson, Esq., JAMS ADR Insights, March 2022
  • Author, “Arbitration Appeals: A Safety Valve That Is Fast, Fair, Cost-Effective and Final,” JAMS ADR Insights, October 2021
  • Contributor, JAMS Global Construction Solutions, Fall 2021
  • Author, “Eight Tips for Mediating High-Profile Construction Disputes,” JAMS ADR Insights, September 2021
  • Co-author, “Private Adjudication — A Solution to Justice Delayed by Coronavirus Disruptions,” Daily Business Review, April 2020
  • Co-author, “Demystifying the Surety Industry's Expedited Dispute Resolution Bond,” Construction Executive, March 2020
  • Author, “An Indispensable Resource for Construction Arbitration: The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration” (4th ed. 2018) American Bar Association: Under Construction, Vol. 20, No. 1, Summer 2018
  • Author, “The Key to Saving Time and Money in Dispute Resolution: Staying Out of Court,” Daily Business Review, November 2017
  • Co-author, “Effective Use of Arbitration,” ARBITRATION AND THE SURETY, (ABA 2020)
  • Contributor, "PropertyCasualtyFocus," Carlton Fields (October 2016)
  • Co-Author, "Court Holds Insured vs. Insured Exclusion Unambiguous, Precluding Coverage," D&O Diary (April 2016)
  • Co-Author, "Drafting Disasters - Why You Need to Sharpen Your Clause," ABA Forum on Construction Midwinter Meeting (January 2015)
  • Co-Author, "Claims Management and Ethical Consideration," Commercial Crime Insurance Coverage, ABA (November 2014)
  • Co-Author, "The Danger of Inconsistent Choice of Law, Jurisdiction and Arbitration Clauses in Insurance Policies," Bloomberg BNA (May 2014)
  • Co-Author, "Is it time to include mandatory arbitration clauses in all reinsurance policies?," Global Reinsurance (March 2014)
  • Co-Author, "When One Size Does Not Fit All – Manuscript Endorsements," ABA program materials for ABA, Fidelity and Surety Law Committee Midwinter 2014 meetings (January 2014)
  • Co-Author, "Ten Steps to Help Insurers Preserve Their Right to Restitution Under Federal Victims’ Rights Statutes," Carlton Fields Web article (October 2013)
  • Co-Author, "A Primer In Contract Surety Law," Fundamentals of Construction Law, American Bar Association (September 2013)
  • "Top Ten Ways to Avoid/Minimize Employer Liability for Overtime Pay," CarltonFields.com (July 2013)
  • “Drafting a Takeover Agreement,” Carlton Fields Web article (February 2013)
  • Client Article: "Contractual and Federal Statutory Support for an Owner’s Right to Withhold Payment for Work Performed," (July 2012)
  • Client Article: "Ethical Business Practices Construction," (June 2012)
  • “Best Practices for Litigation Budgeting,” Carlton Fields Web article (December 2011)
  • Co-Author, "Claims Considerations for the Insurer Under a Financial Institution Bond When the FDIC is Claimant," program materials for the Fall Meeting of the ABA TIPS Fidelity and Surety Law Committee (October 2011)
  • Co-Author, “Can Direct Mean Direct? Untangling The Web of Causation in Fidelity Coverage,” XVI Fidelity Law Journal 125 (2010)
  • “The Unexpected Pleasure of Pro Bono Work,” The Woman Advocate, Volume 15, Number 4 (Summer 2010)
  • Co-Author, “A Work Product Overview in Light of Federal Rule of Evidence 502,” The Florida Bar Topics in Evidence seminar in Tampa, FL (March 2010)
  • “Florida,” State-by-State Guide to Architect, Engineer & Contractor Licensing (2002-2010 Cumulative Supplements)
  • Co-Author, “Financial Institution Bond Insurer’s Rights of Subrogation and Indemnity,” presented at the ABA TIPS Fidelity & Surety Law Committee meeting (January 2010)

Lectures
  • Presenter, “Busting the Myth: The Right to Fast, Fair & Cost-Effective Appeals in Arbitration,” Toolbox Talk Series by D1 Construction Litigation & Dispute Resolution, ABA Forum on Construction Law, December 2021
  • Moderator, “Mediation of High-Profile Construction Disputes,” International Association of Lawyers, June 2021
  • Panelist, “Thinking Differently about Commercial ADR” CLE Program, JAMS, December 2018
  • Panelist, “Lessons from the Battlefield,” Miami, November 2018
  • Shareholder, Carlton Fields, 1997-2016
  • Shareholder at Popham Haik Schnobrich & Kaufman, 1990-1997
  • Shareholder at Kimbrell & Hamann, 1982-1990
  • Associate at Kimbrell & Hamann from, 1976-1982
  • J.D., Vanderbilt University Law School, 1976
  • B.A., magna cum laude, St. Olaf College, 1973

Counsel Comments

    • “You are one of the best arbitrators I've ever seen in action....I don't want the opportunity to go by without saying that you have taught me a ton. The next arbitration that I conduct will be modeled on what I watched live...in this setting as an arbitrator or umpire. Someone should write a law review article on how you administer this process so fairly and equitably. Your focus on the law and the facts is like a diamond cutting through glass.”
    • “I cannot compliment Patricia enough nor thank her enough for the professional way she handled the mediation. The client needed to resolve the matter short of any litigation and Patricia assisted them greatly, all within her role as a mediator. She went above and beyond in moving the parties toward settlement.”
    • “Patricia Thompson with JAMS is a “first-class construction arbitrator” who excels across the full spectrum of disputes including non-payment claims, wrongful terminations, breaches of contract and defective work claims.”
      - Who's Who Legal, Florida 2020, Construction

News

Events

Practice Areas

  • Appellate
  • Banking
  • Business/Commercial
  • Construction
  • Employment
  • Engineering and Construction
  • Financial Markets
  • Insurance
  • Surety
Available nationwide

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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