Mediator

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Tom McNeill ADR

Unique Mediator Expertise

I bring an independent, neutral and unbiased perspective to the factual, legal and practical complexities of a business dispute.

Working collaboratively with business people and their attorneys, I assist in bringing to conclusion the risk, uncertainty, expense, distraction, and the enormous investment of time and energy required for the daily battle and grind of litigation.

I focus on building trust with clients and counsel. I fully engage client decision makers as the single most important factor in a successful mediation.

For this reason, I prefer in person sessions, which from my experience best creates an environment of exchange, momentum, movement and rapport/trust building. I also am adept at Zoom mediation for all participants, or in-person/Zoom combinations to accommodate remote participants.

Experience

The Touchstone of Mediation

For me, it is critical to prepare in extensive detail for every mediation, so that I fully understand the nuances of the factual, legal and practical issues that create risk and settlement leverage in the case. This the only way I can truly assist business people and their counsel as they evaluate and re-evaluate their risk, in choosing resolution over continued litigation.

The touchstone of mediation should be a collaboration among mediator, counsel and their clients to tailor the approach in each case to meet the needs of all parties, including adopting unconventional approaches and one-off mechanisms to advance the cause of resolution.

I bring to mediation conference rooms four decades of litigation experience in more than thirty-five business litigation subject matter disciplines.

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Achievment

Tom McNeill Mediation Experience

  • Automotive supply
  • Breach of Contract (many industries)
  • Business merger, purchase and sale transactions
  • Business torts
  • Class Actions (securities, consumer, antitrust, ERISA)
  • Company/officer/director/shareholder disputes
  • Fiduciary duty (many settings)
  • Financial statement accounting and damage analysis
  • Non-compete agreements
  • Private equity transactions and portfolios
  • Trademarks
  • Trade secret misappropriation
  • Automotive supply
  • Breach of Contract (many industries)
  • Business merger, purchase and sale transactions
  • Business torts
  • Accounting and Actuarial standard of care/malpractice
  • Antitrust
  • Business breakups
  • Cannabis supply chain, and dispensary and cultivator ownership
  • Capital equipment and medical device sale and distribution
  • Commercial real estate, development, buy, sell, lease
  • Construction
  • Consumer matters, including class actions
  • Contracts in a wide array of contexts and industries
  • Employee agreements and at will employment
  • Class Actions (securities, consumer, antitrust, ERISA)
  • Company/officer/director/shareholder disputes
  • Fiduciary duty (many settings)
  • Financial statement accounting and damage analysis
  • Employee embezzlement and theft
  • ERISA pension and health benefit plans, including class actions
  • Executive compensation and equity grants (stock, options, RSUs)
  • Financial institutions and borrower disputes
  • Franchisor/franchisee
  • Freedom of Information Act and Open Meetings Act obligations
  • Insurance coverage
  • Intellectual property
  • Joint Venture agreements
  • Lawyer standard of care/malpractice
  • Non-compete agreements
  • Private equity transactions and portfolios
  • Trademarks
  • Trade secret misappropriation
  • LLC operating agreements
  • Non-compete and non-disclosure agreements
  • Physician Practices, Law Firm and other Professional firm breakups, disputes and shareholder/member/partner departures
  • Private Equity Investment and Mezzanine Lending
  • Securities (Federal and State), including class actions
  • Shareholder agreements, including buy-sell
  • Supply Distribution in many industries
  • Shareholder oppression
  • Uniform Commercial Code Article 2 (sale of goods) and Article 9 (secured transactions)
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Tom McNeill ADR

Contact Tom

Based upon that experience, I seek to facilitate resolution in a way that best benefits the parties, ultimately brings them closure, and ends throwing more money into the fire of litigation.

I have observed, curated, selected, collected, and refined a combination of practices that I embrace.

My goal, approach and strategy is designed to place business people in the best position to move forward in a constructive and positive way, to conclude the dispute in a way that enables them to do what they do best, which is to build and maintain a successful business.