Joseph McMahon, Arbitration and Mediation | Addressing and managing conflict: commercial, natural resources, oil & gas, water and land

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:

Mediation and facilitation.
Improving settlement decision making.
Using “conflict assessments” to determine which process is suitable.
Arbitration and improving arbitration efficiency.
Serving as “settlement counsel” for institutions facing conflict or litigation.
Using creative dispute resolution approaches.
Mining, construction, environmental, energy, oil & gas, natural resources, water, public lands, tribal, business, contract and other types of disputes.

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

Professional background – summary

Graduated from the US Force Academy/commissioned; 1966
USAF Fighter pilot, (US, SEA and NATO); 1967-1972
MS in Civil Engineering/consulting engineer; 1972-1976
JD, University of Denver; 1978
The law firm of Davis, Graham & Stubbs (Denver) commercial, resource, environmental litigation, 1977-2001
Project mgr/consultant, various development projects (Viet Nam, Kenya, Tanzania and Uganda); 1990-2000
ADR specialization (Mediation, arbitration and conflict consultant), 1991 to date

Key kinks

Common steps in mediation (a schematic)
2014 Article on “Distinguishing Evaluation from Prediction in Commercial Mediation.”
2013 Article on “Common Barriers and Decision Errors in Settlement and Mediation”
My CV
List of publications and presentations

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.

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

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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."

Arbitration

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

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.

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.

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.

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.

Engaging conflict

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

Mediate to avoid settlement errors

Litigation and the "1st law of holes"

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

Impasse

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

Conflict and wisdom

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

Convening

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

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.

Facilitation

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

Conflict stages

For all conflicts, four stages are applicable.

Arbitration

Arbitration qualifications

Mediation

Mediation qualifications

Joseph P McMahon Jr. LLC

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Mediation as the new Arbitration

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