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James Stapleton
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IMI Certified Mediator
AAA - American Arbitration Association
Mediation Profile

Of Counsel/Partner, Day Pitney, LLP (formerly Day Berry & Howard, LLP), 1978-present; Judge, Connecticut Superior Court, 1973-1978; Corporation Counsel in Bridgeport, Connecticut, 1970-1973; Associate/Partner, Marsh, Day & Calhoun, 1958-1973; Attorney, Appellate Section of Anti-Trust Division, U.S. Department of Justice, 1957-1958. Over forty-five years of experience as an active trial lawyer in Connecticut specializing in commercial litigation, employment litigation and alternative dispute resolution. Commercial litigation, arbitration and mediation experience includes cases involving corporate, contracts, securities, utilities, insurance, employment and telecommunications issues.

Business-related mediations have included two cases involving disputes between partners in the start-up of new businesses, a claim by a condominium association and several unit owners against the developer of a large condo complex, a contract dispute between a surgical practice group and a management firm, and a dispute between various family members over the breakup of a multi-family real estate partnership, the sale of its assets and the liquidation of the LLC. Employment cases have included the alleged violation of an employment contract in the termination of a water company president, sexual harassment claims and pregnancy discrimination.

My approach is generally as follows: Start with a joint meeting to explain my role, learn all of the relevant facts and understand the positions and emotions of the parties on the issues; facilitate parties understanding of the issues, both favorable and unfavorable to their cause and an understanding of the views of the opposing party; appropriate and targeted questioning to help the parties understand the facts and problems with their own case; separate meetings with the parties and counsel to see if the parties are close enough to resolve the dispute and if there is some common interests that can be achieved to help bridge the gap; understanding what each party needs from a resolution which is not always openly expressed; help the parties to understand the alternatives to settlement; assist in creating and refining settlement options; propose some settlement options and, if the parties agree, place a settlement recommendation on the table; bring closure to sessions; occasionally monitor and facilitate enforcement of settlement.

As a Connecticut Superior Court Judge for five years, mediated all manner of civil lawsuits from business disputes through real estate and probate matters to personal injury and employment cases. For the past twenty years, has also acted regularly as a Special Master for the Federal District Court and as a Referee for the Superior Court in mediating civil cases for the courts. As a member of the Connecticut Bar Association Lawyer-to-Lawyer Dispute Resolution Committee, has mediated a number of cases involving legal fee disputes between lawyers. Private practice for the past seven years has been heavily concentrated (95%) in acting as a neutral mediator or arbitrator at the request of private parties either directly or through an ADR provider.

Hourly mediation rate is $500.00. The rate applies to preparation, mediation session and follow-up, if necessary. Minimum four hours billed for scheduled mediation session days. Reasonable travel/lodging expenses where required. Cancellation: Four hours billed for each scheduled mediation session day, if less than forty-eight hours advance notice given.

College of Commercial Arbitrators (Fellow); American College of Trial Lawyers (Past Regent; Connecticut State Committee, Chair; Fellow; Federal Rules of Evidence Committee); American Board of Trial Advocates; Connecticut Bar Association (Past President); Federal Bar Council (former member Board of Trustees, Vice-Chair); American Bar Association (Past House of Delegates).

Dominic Fulco, III, Esq., Reid and Reige, P.C., E-mail: dfulco@reidandriege.com, Phone: (860) 240-1031; Barbara S. Miller, Esq., Brody Wilkinson, P.C., E-mail: bmiller@brodywilk.com, Phone: (203) 319-7133; Stephen P. Fogerty, Esq., Halloran & Sage, LLP, E-mail: fogerty@halloran-sage.com, Phone: (203) 227-2855; Mark P. Carey, Esq., Carey & Associates, P.C., E-mail: mcarey@capclaw.com, Phone: (203) 255-4150; James E. Nealon, Esq., Kelley, Drye & Warren, L.L.P., E-mail: jnealon@kelleydrye.com, Phone: (203) 324-1400; additional references available upon request.

Training and Education

CPR Institute, Mediation Training, 2003; College of Commercial Arbitrators Annual Meeting, 2008; American Arbitration Association Neutrals Conference, 2006, 2003; American Arbitration Association Pro Se: Managing Cases Involving Self-Represented Parties, 2006, 2003; American Arbitration Association Neutrals Roundtable, 2004; various mediator training programs at the National Judicial College in Reno, NV, 1973.

Panelist and lecturer at seminars on trial practice and alternate dispute resolution sponsored by the American Bar Association, Connecticut Bar Association, Connecticut Bar Foundation, Federal Bar Counsel and Connecticut Defense Lawyers Association, including the New York State Commercial Division Judges’ Judicial Institute at Pace University Law School in June 2008.

Publications
Compliance

IMI Code of Professional Conduct

IMI Professional Conduct Assessment Process

Attorneys Liability Assurance Society; maximum limit per occurance is $35 million.

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James Stapleton
Arbitrator And Mediator
United States
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