Dwight Golann

This user account status is Approved

This user has not added any information to their profile yet.

United States - MA
English
Mediation Profile

Dwight Golann is one of the most respected neutrals in the United States. He

  • Has successfully resolved hundreds of disputes involving contract, tort, real estate, corporate, insurance, employment, construction, intellectual property, franchise, personal injury, class action, securities and other issues.
  • Been named one of the Best Lawyers in America for 2008 and 2009 and an Honorary Member of the American College of Civil Trial Mediators.
  • Serves on the Panel of Distinguished Neutrals of the International Institute for Conflict Prevention and Resolution (CPR Institute), the Middlesex Multi-Door Courthouse, and other leading institutions.
  • Has represented individual and corporate clients in private practice and, as Chief of the Government Bureau and Trial Division for the Attorney General of Massachusetts, supervised all litigation involving state agencies. He has extensive jury trial experience, and has argued at every level of the American court system.
  • Has trained mediators for courts, state and national bar associations, the Department of Justice, the European Union, and the China Council for the Promotion of International Trade and taught negotiation in the United States, Europe and Asia.

Professor Golann has mediated hundreds of legal disputes. Examples of mediations conducted by Professor Golann include: Litigation arising from the sale of businesses and real estate. Disputes between international firms over employee hiring, contract performance, software development, lending contracts, and distribution agreements. Software development disputes between hi-tech companies and consultants. Employment discrimination and harassment claims against businesses and universities. Disputes arising from the construction of public buildings, condominiums and residences. Cases involving shareholder and business partner claims against internet companies. Malpractice actions involving estate plans, investment advice and real estate projects. Partnership disputes between lawyers, accountants and other professionals.

The essence of a good mediator is impartiality, persistence and adaptability. No single approach works with all people or all cases, and an experienced mediator will change tactics and style to match the needs of individual clients. I talk with each lawyer before the mediation to learn about legal issues, personal dynamics and non-legal obstacles to settlement. If necessary I work before the mediation session to facilitate exchanges of information or obtain the presence of key decisionmakers. Many of the cases that come to me present complex legal, pesonal, and business issues. In order to settle them I may manage hard bargaining, deal with sharp disagreements over the merits and confront strong feelings. I investigate facts, ask hard questions, press for offers, advise bargainers, predict litigation outcomes, make proposals, and deal with other obstacles as needed in each case. I am willing to use unorthodox tactics in the service of settlement. With the assent of counsel I may, for example, set up direct discussions among principals or meet offsite with a litigant. If a case does not settle at mediation I will follow up with counsel. A recent article in Dispute Resolution Magazine titled “Nearing the Finish Line: Dealing with Impasse in Commercial Mediation,” describes my approach to bargaining impasses. I take it as a personal challenge to settle every case. My approach is also described in a new book, Mediating Legal Disputes, published by the American Bar Association in 2009.
Commercial, contract, employment, business tort, product liability, partnership, professional malpractice, personal injury, insurance, intellectual property, real estate, environmental, construction and securities cases.

My rate varies by the type of case and location of the mediation. For a quotation, please contact [email protected]

Professor of Law, Suffolk University Law School. Member of the Executive Committee, International Institute of Conflict Prevention and Resolution (CPR Institute), New York City Distinguished Neutral, CPR Institute, and Panelist for the ADR Center of Rome, China Council for the Promotion of International Trade and the US-China Business Mediation Center in Beijing Honorary Member, American College of Civil Trial Mediators Member Boston and American Bar Associations.

General references are included in the IMI certification process. References in specific areas of practice will be provided on request.

Training and Education

I received basic and continuing mediation training at J.A.M.S., Endispute and other mediation organizations. I have served as the designer and lead teacher in training for J.A.M.S. national panelists. I provide training for mediators for numerous organizations in the U.S., Europe and Asia, as described above.

Basic and Advanced Mediation Skills: U.S. District Courts (Los Angeles, W.D.Michigan, Oklahoma, S.D.N.Y.), U.S.-China Business Mediation Center (Beijing); CPR Institute for Dispute Resolution; European Union (with Italian, Belgian, French and Danish Chambers of Commerce), Milan Chamber of Commerce, J.A.M.S. National Panel, Louisiana Bar Assn., Michigan Bar Assn., Georgia Conference of Neutrals, Yale-Quinnipiac Dispute Resolution Workshop, Judicial Academy of Sweden, Court-Related Dispute Resolution Conference of the Netherlands, Pepperdine, Oregon and Penn State Law Schools. Mediation Advocacy: Schering Plough Pharmaceuticals, General Electric; ABA Sections of Litigation and Dispute Resolution; GE Capital; Gillette Corp.; Covington and Burling; Centre for Effective Dispute Resolution (London); Wilmer Cutler; Herbert Smith; Goodwin Proctor

Publications

Books written or co-written by Dwight Golann include: Mediating Legal Disputes: Effective Strategies for Lawyers and Mediators (ABA 2009) (co-winner, CPR Institute Book Prize) Mediation: The Role of the Lawyer and of the Neutral (co-author) (Aspen 2006) Lawyer Negotiation (co-author) (Aspen 2006) Resolving Disputes: Law, Theory and Practice, (co-author) (Aspen Publishers 2005) Manuale del Conciliatore Professionista (Guiffre Editore, Milan 2004) (co-author).

Compliance

IMI Code of Professional Conduct For examples of how I would recommend responding to specific ethical dilemmas, see D. Golann, Mediating Legal Disputes (ABA 2009), Chapter 10.

IMI Professional Conduct Assessment Process

I maintain insurance with Complete Equity Markets in the amount of $300,000. I have never had a claim, and maintain insurance solely to cover possible defense costs.

Contact
Dwight
Golann
Dwight Golann
01 617 573 8183
01 617 909 7900
01 617 573 3086
Boston
2108