Patrick is available to serve as a consulting expert or expert witness in matters related to arbitration or mediation. Besides regularly consulting with fellow arbitrators and mediators, and training mediators and arbitrators, Patrick assists parties and lawyers in exploring areas of uncertainty surrounding neutral and process selection, disclosure and conduct. As a former executive with the American Arbitration Association (AAA), an AAA arbitrator and mediator, and counsel for parties in many AAA arbitrations, he is particularly familiar with the AAA’s processes, various rules and the code of conduct required of its neutrals. His work includes collaborating on appeals after a mediated settlement or an arbitration award is rendered, and consulting while a case is in progress.
Frequently, parties believe that an arbitrator or mediator has potentially conducted a mediation or arbitration in a manner that is not in accord with particular federal or state laws governing the ADR process or ADR neutrals, or with specific ADR provider rules or various professional codes of conduct for neutrals. Sometimes they are right and need help working through the various options available to remedy the situation. Other times, they are wrong and can benefit from consulting with someone who is both independent and highly experienced in the field of ADR.
In one particularly large high-stakes arbitration, Patrick assisted a party and its lawyers in challenging an arbitrator’s continued service based upon pre-arbitration disclosure deficiencies. Because the issue was raised in a proper and timely manner, the case quickly settled and caused the parties and the neutral no further expense, embarrassment or publicity.
References available upon request.