JUST ACCORD, INC. P.O. Box 88213 Black Forest, CO 80908 Dave Rudy, Mediator/Arbitrator (719) 495-0000 (719) 352-9000 (cell) (877) 217-2522 (fax) www.daverudy.com Dave Rudy is now in his 25 th year as a full-time neutral. During his years of mediation practice and thousands of mediations, Dave has earned the respect of both his mediator colleagues and his clients. Having been a trial lawyer, he has a profound respect for the parties ownership of the mediation process and the attorneys control of the negotiation. A mediation with Dave is not all about him, but about the participants. Dave has made a decades-long study of conflict (especially in the legal arena) what starts it, drives it and, of course, what stops it. Dave continues to be active in mediator training and is a frequent presenter of both written and live presentations (recent examples listed below. While Dave adheres to the facilitative model of mediation, he also knows that an ill- informed mediator does a disservice to the participants. He is a quick study and has the ability to comprehend and master complex legal and factual issues quickly. Often, Dave has found that patience and empathy on his part can mean the difference between success and failure. Dave is legendary for his commitment to keep the negotiation alive even if the matter cannot settle in the original time allotment. Dave believes that to retain his over 95% success rate, both his commitment to assisting the parties resolve the matter and his commitment to seeing the process through to completion must be absolute.
LEGAL CAREER AND PRIOR EXPERIENCE Full-time mediator, arbitrator, special master (1991-present) Rudy, Gumbiner & Eskridge (1988-1991) Bianco, Brandi, Jones & Rudy (1986-1988) Feeney, Sparks & Rudy (Feeney & Sparks) (1974-1986) Many jury and court trials to judgment, including one 13-month jury trial EDUCATIONAL AND PROFESSIONAL AFFLIATIONS Member, American Board of Trial Advocates Diplomate Member, National Academy of Distinguished Neutrals, 2007- present (invitation only) Colorado Bar (non-practicing member), 2008-present; Alternative Dispute Resolution Section Construction Section California Bar, 1974-present Adjunct Professor Insurance Law (15 years), Trial Practice, Appellate Practice, 1976-1993 University of San Francisco Law Alumni, Past President; Past Member, Board of Governors Board of Directors, San Francisco Trial Lawyers Association, 1986-87 Past member, Lawyers Club of San Francisco, San Francisco Bar Association, Alameda-Contra Costa Bar Association Mediation trainer/speaker for numerous groups, including: Charles University, (Prague) Lloyd s of London and London Insurance Market American Bar Association Colorado Bar Association Colorado Defense Lawyers Association
California Bar Association San Francisco Bar Association University of San Francisco, School of Law University of California, Hastings College of the Law Denver University School of Law Daniels Business College, Denver University The Master s College (CA), School of Business Association of Defense Counsel of Northern California San Francisco Trial Lawyers Association Lorman seminars TRAINING Bill Lincoln (Harvard Negotiation Project) CDR Associates American Arbitration Association San Francisco Bar Association Bates Edwards Group, among others J.D., University of San Francisco School of Law, magna cum laude, 1974 M.A., University of Chicago, 1969 B.A., Tufts University, magna cum laude, 1968 ADR EXPERIENCE AND SPECIALTIES Working with the pioneers of commercial mediation in San Francisco, Dave began full time with Bates Edwards Group in 1991. He remained with JAMS after the Bates Edwards merger for several years, and then was affiliated with American Arbitration Association. He determined early in his mediation career to specialize in resolution of
dispute rather than particular subject-matters. That has enabled him to achieve specialty in a wide variety of civil disputes: construction defect insurance disputes (including interinsurer) real estate employment commercial and business products liability class actions medical and legal malpractice catastrophic injury. RECENT PUBLICATIONS/ARTICLES/SPEAKING ENGAGEMENTS Mediating the Class Action case, Plaintiff magazine, January 2015 2012-2014 Multiple speaking engagements (Continuing Legal Education) on mediation ethics, negotiation skills, ethics and social media, complex case logistics Perspectives on Mediating Class Actions and Other Complex Cases, Plaintiff magazine, January 2013 Impasse (A New Perspective) The Recorder, Litigation Supplement, Nov. 17, 2009 Mediation Reflections (2007) Design Professional/Construction Manager Liability Law, ABA Press, January 2007 (Author of chapter on Alternative Dispute Resolution) American Bar Association, San Francisco, Spring 2010 Deadly Mediator Mistakes Construction Update, Lorman Seminar, Denver, June, 2010
OTHER INTERESTS Dave s other interests include turning wood (and alternative materials) on a lathe, and most of all spending time with his wife, children and eight (soon to be nine) grandchildren.
Representative cases (Construction and Insurance) Dave specializes in complex, multi-party, challenging cases of all kinds. He has mediated numerous six- seven- and eight-figure cases. Being a process specialist, he has significant specialty experience in a wide variety of types of cases, including: Construction Defect and Claims Design Professional, Owner, Contractor cases High-rise construction Horizontal construction High-end single family home multi-family (including condominium, affordable housing) Commercial Construction Mixed-Use projects Construction Claims Horizontal construction Public works and improvements Schools Variety of mold cases Insurance Coverage and Extra-contractual cases Insurance disputes arising under many kinds of insurance policies, including: general liability professional liability
developer (including conversion) employment errors and omissions insuring securities broker/dealers, real estate brokers, legal malpractice commercial and residential property mold environmental (first and third party) inter-insurer disputes relating to allocation among liability insurers for indemnity, cost of defense, construction defect liability coverage issues arising between owners, developers, contractors, subcontractors, second and third tier subcontractors Other intra-insurer allocation/coverage disputes Equitable subrogation and contribution Insurer-insured coverage disputes First party property disputes involving homes, businesses, condominiums Life insurance underwriting/agency cases, including threatened class actions Broker Malpractice/Binding/Insurance placement issues Cumis and related duty to defend and third-party issues