Mark D. Zukowski, Esq.
Attorney - Construction, Construction Defect, Commercial, Insurance, and Personal Injury Litigation; Arbitrator, Mediator and Neutral Case Evaluator
Phoenix, Arizona
Jones, Skelton & Hochuli, P.L.C. - Partner
Attorney - Construction, Construction Defect, Commercial, Insurance, and Personal Injury Litigation; Arbitrator, Mediator and Neutral Case Evaluator
Partner, Jones, Skelton & Hochuli, P.L.C., 1983 - Present
Over 40 years of experience as a civil trial attorney with a strong emphasis in construction, construction defect, commercial, personal injury and insurance litigation. <br/><br/>CONSTRUCTION AND CONSTRUCTION DEFECT LITIGATION - has represented owners, developers, general contractors and subcontractors in the following areas: <br/>- construction defect litigation <br/>- construction injury litigation <br/>- breach of contract <br/>- prompt pay act <br/>- liens and lien enforcement <br/>- indemnity and risk transfer <br/><br/>COMMERCIAL - experienced in the following areas: <br/>- breach of contract <br/>- landlord/tenant disputes <br/>- homeowner association disputes <br/>- hospitality <br/>- collections <br/><br/>PERSONAL INJURY - has represented plaintiffs, self insureds, insurance carriers and their insureds in all aspects of personal injury litigation including: <br/>- auto <br/>- premises <br/>- product liability <br/>- coverage <br/>- homeowner <br/>- construction injury <br/>- defamation/libel/slander <br/>- A.D.A <br/>- wrongful death <br/>- professional liability <br/>- medical malpractice <br/><br/>INSURANCE GENERAL <br/>- Business interruption/property loss <br/>- Agency/broker issues <br/>- Claims management practices <br/>- Claims service agreements <br/>- Large deductible/self-insured retention programs <br/>- Alternative risk funding mechanisms <br/>- Insurance coverage <br/>- Directors & Officers Insurance <br/>- Property/Casualty Insurance <br/>- Life/Health/Disability Insurance <br/>- ERISA <br/>- Worker Compensation Insurance <br/>- Fidelity Insurance <br/>- Professional Liability Insurance <br/>- Errors and Omissions Insurance <br/>- Architects and Engineers Insurance <br/>- Crop Insurance <br/><br/>INSURANCE COVERAGE <br/>- Allocation of loss among multiple insurers <br/>- Primary/excess issues <br/>- Trigger issues and number of occurrences <br/>- Exhaustion of policy limits <br/>- Toxic torts and hazardous wastes coverage <br/>- Casualty and environmental coverage <br/>- Professional liability coverage <br/>- Employer liability coverage <br/>- Various other first-and third-party coverage.
Arbitrator, Mediator and Neutral Case Evaluator since 1991 with extensive experience in all aspects of construction and construction defect litigation, commercial, insurance and personal injury litigation. American Arbitration Association panelist since 1991. Judge Pro Tem for the Arizona Court of Appeals 1992 to 1997. Judge Pro Tem and Settlement Conference Judge Pro Tem for the Maricopa County Superior Court since 1995 to 2023. Arizona, California, New Mexico and Nevada experience.<br/><br/>Awards and Honors: Beta Gamma Alpha Honorary Accounting Society; Beta Gamma Sigma Honorary Business Society; Listed, Southwest Super Lawyers, 2013 - Present; Phoenix Magazine's Top Attorneys in Arizona, 2014; Listed Best of AZ Business Magazine, Top Alternative Dispute Resolution Attorneys, 2012-2013; The Best Lawyers in America for work in Arbitration and Mediation 2018 - Present; and Rated, AV® Preeminent™ 5.0 out of 5.
Mediated all facets of construction and construction defect litigation, including: pay application issues, breach of contract issues, multi-party construction injury and defect cases, delay damage cases and scheduling issue cases. Also mediated a wide variety of personal injury cases involving product defect, premise liability, auto, and medical and legal malpractice.
I believe parties want an honest, respectful and assertive Mediator and this is how I approach Mediation. I am careful not to impose my evaluation of a case on parties, but instead challenge them to carefully consider how a jury may view their case. My ultimate goal as a Mediator is to share my 40 years of experience as a litigator and provide creative settlement strategy to assist parties in reaching a settlement they are happy with.
Maintain compliance with all AAA technology requirements as well as ongoing technology training through law firm. Also proficient in the use of Zoom for remote Arbitrations/Mediations.
University of Arizona (JD-1980); University of Michigan Law School (Summer 1980); Wayne State University (BS-1978).
Admitted to the Bar: Arizona (1981); U.S. District Court: District of Arizona (1981); U.S. Court of Appeals: Ninth Circuit (1981); U.S. Supreme Court (1991).
American Bar Association; U.S. Law; American Association for Justice; American Board of Trial Advocates; Claims and Litigation Management Alliance, Arizona Association of Defense Counsel; Arizona Dispute Resolution Association; Beta Gamma Alpha Honorary Accounting Society; Beta Gamma Sigma Honorary Business Society; State Bar of Arizona; and National Academy of Distinguished Neutrals.
“A Mediator’s Settlement Proposal,” Author, Arizona Attorney Magazine, November 2022<br/><br/>“Online Mediation Goes Mainstream,” Author, Arizona Attorney Magazine, June 2020<br/><br/>“Nine Best Practices to Protect Your Next Virtual-Teleconferencing Meeting,” Author, JSH Legal Update, April 2020<br/><br/>“Capitalize on Your Mediator’s Expertise to Maximize Your Settlements,” Author, Arizona Attorney Magazine, November 2019<br/><br/>“Capitalize on Your Mediator’s Expertise to Maximize Your Settlements,” Author, The JSH Reporter Fall 2019<br/><br/>“ADR Talks,” Presenter, State Bar of Arizona Convention, June 2019<br/><br/>“Coming Full Circle: Making the Case for the Return of the Initial Joint Mediation Session,” Author, The JSH Reporter, Fall 2018<br/><br/>“Hot Topics in Arbitration – A Panel Discussion,” Panelist, Maricopa County Bar Association – Construction Law Section, October 2018<br/><br/>“The Expert Witness: A Seldom Used But Powerful Resource to Improve Your Mediation Success,” Author, The JSH Reporter, Spring 2018<br/><br/>“How Experts May Improve Your Mediation Success,” Author, Arizona Attorney, March 2018
$495 Per Hour
English
United States of America
Phoenix, AZ
The AAA’s Rules provide the AAA with the authority to administer a mediation including, mediator appointment, general oversight and billing. Accordingly, mediations that proceed without AAA administration are not considered AAA mediations, even when the parties select an mediator who is on the AAA’s Roster.
The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.
The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.
