ARBITRATION:

JPurcell2wJim Purcell is an experienced arbitrator of complex business and healthcare disputes.  He has a unique combination of legal, business, and interpersonal skills which he brings to bear on dispute resolution, having been a commercial litigator, managing partner of his law firm, and the COO and CEO of a Blue Cross health insurance plan.

Jim litigated business disputes primarily in federal court and in arbitrations and before administrative panels while he practiced law.  He understands the difference between court litigation and arbitration, and his goal is to provide an alternative to court litigation that is speedier, less expensive, and scheduled in a way that eases the burden on counsel and clients.  Jim expects and requires courtesy and respect by all participants as well as high professionalism.  He brings to bear extensive healthcare and general business experience, particularly in the areas of contract disputes and business torts.

 

MEDIATION:

Through mediation, Jim helps businesses resolve disputes at the beginning of litigation, before trial, or even better, before litigation.   Mediation almost always makes good sense and is in the client’s best interest. Even so, the decision to mediate is a process that the client and counsel must work through sooner or later in the life of a dispute.  While mediation early on in disputes is far more preferable, there are times when that cannot happen for a variety of reasons.  However, settlement on the courthouse steps on the eve of trial is perhaps a client’s worst outcome given that the vast majority of all law suits result in eventual settlement on terms that are depressingly similar to those that could have been achieved much earlier in mediation.  Many lawsuits take at least three years to get to trial, with attendant attorneys’ fees and other costs in the hundreds of thousands of dollars.  And that’s not all.  Major litigation with ongoing business partners, which participants in the healthcare system and many other systems often are, is debilitating, distracting, and the very antithesis of good business.

By settling disputes early on with Jim, parties benefit from using a professional with expertise to minimize random outcomes, maximize confidentiality (very important in healthcare and most other industries), and maintain their ongoing relationships.

Experienced counsel, while zealously representing clients, understand that a “successful” mediation advances a client’s interests in ways that extended litigation does not.  Understanding that every client wants to “win,” the question is at what cost?

Jim can help you.  As a former trial lawyer who has represented clients in mediation, arbitration, and court and administrative matters, then having been a client himself (as CEO), and now practicing exclusively as mediator and arbitrator, Jim understands the challenges facing counsel AND clients. He can speak directly to and empathize with your clients and prepare them for settling what’s likely an emotional and critical dispute.  His style is empathetic but firm.

Jim is a certified member of the American Arbitration Association and American Health Lawyers Association National  Commercial and Healthcare Arbitration and Mediation Panels.  He is available to arbitrate and mediate matters that might suggest his legal and business background, particularly in healthcare and contractual matters.

We invite you to explore our website to see if we can be of assistance.


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