Burgess Dispute Solutions
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  • Home
  • About
  • Resume
  • Services
    • Mediations
    • Arbitrations
    • Advice
  • Forms
  • Schedule an Appointment
  • Contact

Solving Disputes Your Way.

​ADR Expertise

  • Broad Industry Expertise in healthcare, entertainment, insurance, technology, manufacturing, distribution, retail, and real estate.

  • Subject Matter Expertise in contracts, class actions, insurance bad faith, commercial torts (fraud, interference, fiduciary duty, conversion), unfair competition, corporate and LLC governance disputes, copyright, trademark, trade secret, ADA, Unruh Act, employment, wholesale dealer statutes, and legal and equitable remedies.  

  • Decades of Experience as a trial advocate, strategic advisor, decision maker, negotiator and mediator.

My Philosophy

  • Preparation: I do my own independent research and study the parties' briefs.  
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  • Listening:  It is critical to listen carefully to the lawyers and their clients.  They know their case and the underlying facts.  Understanding each party's position on the facts and the law is critical to identifying gaps or biases, and formulating a path for resolution.  
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  • Collaboration: For mediations, collaboration with each party is essential. Each party needs to understand what is communicated to the other party.  Jim views his role as a neutral to be a mutual advocate for each side to arrive at an agreeable solution.  Transparency is essential to collaboration and trust.  For arbitrations, counsel should collaborate on  timing, logistics, discovery and manner of presenting evidence, but a fair process will be imposed if no such agreement is possible.  
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  • Joint Sessions (Mediations Only): A joint session at the beginning or during the course of a mediation will be held only after discussing the issue with counsel and making sure all parties understand the productive purpose for a joint session. Counsel will never be asked to give an opening statement or to confront the other side without prior consultation and agreement.  
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  • Strategic Advice: During mediations, Jim will give parties his honest evaluation and advice based on his experience at the appropriate time after listening to them fully.  If you are right, he will say so.  But, often a different perspective can help parties understand their situation more clearly and can test their commitment to their position.  
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  • Rulings (Arbitrations Only): Unless the parties do not want a closing argument or it is unnecessary, closing arguments will be in a question and answer format after post-trial briefs are submitted and after a tentative award is written so that more informed and consequential questions can be asked.  Jim explains his rulings to show that he consistently follows the law and faithfully enforces the terms of the parties' contract.  

The V Logo

Winston Churchill showing V for Victory.
The "V" stands for both "Victory" and "Peace."  During World War II, the index and middle fingers were held up to form a "V" for Victory.  During the 1960's, those same fingers formed a "V" for Peace.  This symbol seems apt for an ADR practice.  In mediation, parties often want Victory, but usually need Peace.  In arbitration, there is only one Victor but the award often leads to finality and Peace.  My goal is to help parties navigate complex legal,  business, personal and emotional issues, and to faithfully and consistently follow the law so parties can achieve Victory and Peace.  
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Any endorsements or testimonials do not constitute a guarantee, warranty or prediction regarding the outcome of your legal matter.
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