Services provided

Providing mediation, conflict consultation and arbitration for business, environmental, construction and natural resource/land conflicts.

Clarity

Mediation, when approached thoughtfully and in good faith, should present to the parties a more clear view of their options.

Settlement challenges

"Ignorance more frequently begets confidence than does knowledge."

Charles Darwin, Descent of Man, 1881

Arbitration

When a dispute needs a third party resolution, the process can and should be streamlined for efficiency.

More efficient arbitration

Coming to the table

When conflicting parties finally come to the table, very helpful conversations can occur.

Mediated conversations

There is an immense difference between a healthy conversation and multiple intersecting monologues.

Preparation

Success in ADR is very directly related to the level of preparation.

Evaluative vs predictive

A mediator can be very analytic and evaluative without offering guesses about the outcome of the eventual trial. Evaluation is useful - prediction is often no more than a hip shot.

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Well planned arbitration

A well planned arbitration, arising from a good scheduling hearing, moves more effectively and efficiently to conclusion.

Barriers and errors

In almost all cases, the barriers to resolution and the errors made by parties are not unique.

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Illusions

At the core of every conflict is one or more illusions. An effective mediation helps parties find and address their illusions.

Authenticity

When mediation conversations are authentic, the air clears and options emerge.

Technical complexity

In all forms of ADR, care should be given to how technically complex issues are best addressed.

Services provided.

Providing mediation, conflict consultation and arbitration for business, environmental and natural resource/land conflicts.

Technical teams

On matters of factual or technical complexity, the formation of a joint technical team can help resolution.

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Mediation

My mediation focus is finding real alternatives to litigation, rather than processes that merely ‘soften’ litigation. It's the confluence of conflict and collaboration.

Mediation approach

Engaging conflict

"Dealing" with conflict is not the same as meeting it, and engaging with and in it.

Mediate to avoid settlement errors

Avoid settlement errors

Litigation and the "1st law of holes"

"If you find yourself in a hole, stop digging."

-Denis Healy

Impasse

The causes of impasse are usually not unique; there are three principal causes of impasse.

Causes of impasse

Opposing party

"Understanding the other side's thinking is not simply a useful activity that will help you solve your problem. Their thinking is your problem."

Getting to Yes, Fisher & Ury, 1981, pp 22-3 (emphasis added).  

Conflict and wisdom

"The wise man does at once what the fool does finally."

-Gracian

Convening

An extremely useful but seldom used ADR option. Its simple and it works, but is largely ignored as an ADR option.

Using a convening

Conflict consultation

On occasions, it is helpful to get the advice of a conflict and dispute specialist to see what process could work in your case.

Conflict consultation

Facilitation

An analytic approach is a good way to address complex multi-party matters.

Analytic facilitation

Conflict stages

For all conflicts, four stages are applicable.

Four stages

Arbitration

Begun as a way for more cost effective and fast method of dispute resolution, criticism of arbitration has increased. It has become more expensive and time consuming. Yet, there are methods to get arbitration back to achieving its goals of speed and efficiency. Experience in commercial, construction, environmental, natural resources, lands and oil & gas matters.

Arbitration qualifications

  • Arbitrating commercial, resource, energy, natural resource matters since 1995
  • CPR Institute for Dispute Resolution, N.Y., N.Y.; Panel of Distinguished Neutrals (Denver)
  • American Arbitration Association: Panel of Arbitrators, Commercial, Construction Panel, Energy Panel, Oil & Gas Panel, Large Complex Panel
 

Mediation

Mediation, when approached thoughtfully and in good faith, should present to the parties a more clear view of their options. The process can fail when one or more participants is using it for purposes other than settlement. Conversely, when approached with suitable attitude, mediation is very effective. Experience in commercial, construction, environmental, natural resources, lands and oil & gas matters.

Mediation qualifications

  • Mediating commercial, natural resource, water and corporate matters since 1991
  • National Roster of Environmental Conflict Resolution and Consensus Building Professionals, U.S. Institute for Environmental Conflict Resolution, Tucson, AZ.

Joseph P McMahon Jr. LLC

Joseph P McMahon Jr. LLC is a solo firm, based in Denver, Colorado, through which I work in arbitration, mediation, conflict management, transformation and dispute resolution. My goal is to seek more thoughtful and efficient approaches to conflict. I have mediated and facilitated many matters, and have been appointed as arbitrator in approximately 90 cases.

Among others, this can involve the following:

I have, and seek to apply, substantial experience in complex multi-party disputes.

Key links

In

My LinkedIn Profile

 

Personal: I am married with two children and two grandchildren, and have advanced degrees in law and engineering. I moved to Colorado in 1962 to go the the USAF Academy. After military service, I went to graduate school in Denver in engineering and later in law. I practiced engineering in the early 70’s, and law through 2000 (in Colorado, I am licensed in law and also a Registered Professional Engineer). I began my work in mediation and facilitation in 1991.

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This website is intended for informational purposes only, and does not constitute a solicitation, an advertisement, or legal advice.