- Healthcare
- Insurance
"AV"-rated attorney with a quarter century of litigation experience including jury trials, injunctive relief, summary adjudication, arbitrations, appeals, etc. <br/><br/>Clients have included medical providers, insurers, consumers, domestic and international businesses, non-profits, and governmental agencies. Represented both plaintiffs and defendants with involvement in numerous multi-million-dollar claims. Rated “Preeminent” by Martindale-Hubbell; inducted into the Order of the Coif.<br/><br/>Prior experience has included teaching Insurance Law at the University of Iowa College of Law, co-authoring a Business Law textbook, serving as a national expert witness, and managing litigation and claims for a Fortune 50 insurer.
Phelan Tucker Law LLP - Partner
Attorney (nearly 100% ADR practice)
Partner, Phelan Tucker Law LLP, 2017 - Present; Adjunct Professor of Insurance Law, University of Iowa College of Law, 2008 - 2009; Attorney/President, Nierman Law PLC, 2001 - 2017; Attorney, Dell Richard Law Firm, 1999 - 2000; Claim Specialist, State Farm Insurance, 1990 - 1997; Staff Assistant, State Farm Insurance Agents, 1979 - 1990; Intern, Personal Insurance Federation of California, 1989.
As an advocate and claims manager, participated in dozens of mediations, settlement conferences, and arbitrations including insurance (first and third party), torts, healthcare, professional liability, commercial, employment, real estate, probate, and civil rights.<br/>President of the American Academy of ADR Attorneys.<br/>Completed Harvard Law School's Negotiation Master Class.<br/>Frequent lecturer on mediation topics at continuing education seminars.<br/>Published articles on the psychology of mediation as well as issues in insurance arbitration.
Completed dozens of mediations with closure rate of over 90%. Comfortable with multi-party disputes, insured losses, inside and outside counsel, and distressed people, as well as both in person and virtual sessions. Parties have included Fortune 50 companies, governmental agencies, individuals, non-profits, and closely held entities.
Torts, commercial, employment, contract, real estate, probate, and civil rights.
I study the briefing carefully, keep the joint opening session short, connect with the parties, and get into the facts. Instead of being a "number carrier," I add value by finding creative solutions. I do not "bully"; rather, I give frank analysis and let the parties evaluate their risks.
Highly proficient in virtual formats (e.g., Zoom, Teams, etc.). Available for in person or online meetings (electronic exhibits preferred). Experience with ESI issues.
Harvard Law School (Negotiation Master Class - 2024); University of Iowa College of Law (JD, with High Distinction, Order of the Coif - 1999); University of California, Davis (BA - 1990).
Admitted to: <br/>U.S. Court of Appeals, Eighth Circuit (2001)<br/>U.S. District Court: Northern and Southern Districts of Iowa (1999) <br/>Supreme Court of Iowa (1999)
American Academy of ADR Attorneys (President; Board Certified Mediator)<br/>American Arbitration Association (Mediator and Arbitrator)<br/>American Bar Association: Business Law, Dispute Resolution, Health, GP Solo, Litigation, as well as Tort, Trial and Insurance Sections (plus several subcommittees)<br/>Robert R. Hansen Inn of Court (Board Member)<br/>Eighth Circuit Bar Association<br/>International Academy of Dispute Resolution<br/>Iowa State Bar Association: Alternative Dispute Resolution (Chair), Business Law, Health, Labor and Employment, and Litigation Sections as well as Federal Practice Committee; <br/>Johnson County [Iowa] Bar Association; <br/>Order of the Coif.
Publications:<br/>Comprehensive Business Law, 3rd ed., 2022, Cognella (co-author); “Arbitration of Iowa Insurance Claims,” Iowa Lawyer, 2023; “Virtually as Good? Psychological, practical, and performance issues in online mediation,” Iowa Lawyer, 2023.<br/><br/>Speaking Engagements:<br/>Tested and Proven Strategies for Success in Insurance Coverage Mediations, 2024, American Bar Association, Litigation Section; Virtual Meetings: Science, Challenges and Solutions, 2024, American Arbitration Association; How to Succeed in Virtual Mediations, 2024, American Bar Association, Tort, Trial and Insurance Practice Section, Insider TIPS Podcast; Psychological Issues in Virtual Hearings, 2024, Iowa State Bar Association; Virtual Mediation: Psychological and Other Considerations, 2024, Center for Conflict Resolution; Virtual Mediation: Psychological and Other Considerations, 2024, American Bar Association, TIPS Dispute Resolution Committee; Arbitration of Health Insurance Claim Disputes, 2023, Iowa State Bar Association; Virtually Mediation: Psychology & Practice, 2024, American Academy of ADR Attorneys; Taking Medical Provider Depositions (moderator), Iowa State Bar Association, 2024; Arbitration and Mediation: Preparation, Strategy, and Advocacy, 2023, Iowa State Bar Association; The Science behind Virtual Mediation and Arbitration, 2023, Iowa State Bar Association; Virtual Mediation: Psychological and Other Considerations, 2023, Iowa State Bar Association; 2023, Mediation and Arbitration: Preparation, Strategy, and Advocacy, 2023, Johnson County Bar Association; Virtual Mediation: Psychological and Other Considerations, 2023, Black Hawk County Bar Association; Helping All Parties Fully Participate in ADR, 2023, Iowa State Bar Association; Mediation - Psychological and Practical Considerations, 2020, Johnson County Bar Association.<br/><br/>Teaching:<br/>Adjunct Professor of Insurance Law, University of Iowa, College of Law, 2008-2009
$400 Per Hour
English
United States of America
Iowa City, IA
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.
