Thomas L. Vitu, Esq.
Attorney, Mediator, Arbitrator
Rochester Hills, Michigan
- Employment
- Construction
- Commercial Transactions
- Product Liability
- Civil Rights Violations
Experienced litigation, trial attorney and mediator. Handled high exposure employment, product liability, commercial and construction claims and litigation from pre-suit investigation through trial. Class action work and regulatory work with CPSC and FDA on medical device products. Additional experience in medical malpractice, recreational sports injuries and automobile liability. Full time neutral practice since 2020.
Advocate Mediation, LLC - Founder<br/>Fulltime Neutral
Attorney, Mediator, Arbitrator
Founder/Fulltime Neutral, Advocate Mediation, LLC, 2020-Present; Partner/Shareholder, Moffett, Vitu, Lascoe, Packus & Sims, PC, 1995-2020; Senior Associate Attorney, Kaufman, Payton & Chapa, 1990-1995; Associate Attorney, Schwartz & Jalkanen PC, 1986-1989.
Product Liability<br/>Served 21 years as national counsel for a manufacturer of electric heating products and medical devices. Extensive involvement in fire loss cases from first notice, assembling fire origin and cause and electrical engineering experts, participating in fire scene investigation, evidence collection, forensic laboratory exams. Formulated and implemented comprehensive, coordinated and consistent litigation strategies from pleadings, discovery, and expert testimony through trial for cases within 43 different States. <br/><br/>Commercial Contracts/Supply Agreements<br/>Enforcement of commercial supply agreements with overseas manufacturers and insurance carriers, entailing contract interpretation, insurance coverage work and tender requests for defense and indemnity on product claims and litigation.<br/><br/>Medical Malpractice<br/>Handled medical malpractice claims from pleadings, discovery, expert depositions and trials.
Full-time neutral since 2020 mediating employment, commercial and product liability disputes for courts and parties with over 400 cases mediated through 2023. Have mediated many multi-party and high exposure actions.
Employment/wrongful termination, product liability, fire loss, commercial, construction, real estate transactions, civil rights violations, excessive use of force by police; medical malpractice; premises and automobile liability.
My style is relaxed and conversational. I like to start with a brief joint session to introduce myself to the parties and make sure everyone understands the nature of the mediation process, especially for those who do not regularly participate in mediation. The three hallmarks of mediation that I lay out for the parties is my neutrality in the process, self-determination of outcomes and confidentiality. <br/><br/>My commitment is to the parties and the mediation process. I take my role as an impartial neutral mediator seriously and strive to assist all participants with equality and neutrality. I will not give up on the parties and will keep encouraging them to continue negotiations even when the going gets tough. <br/><br/>I generally require the parties to exchange and provide a summary and any case materials prior to mediation, so I can learn about the case and to ensure each party is fully aware of their opponent’s positions. I practice both facilitative and evaluative styles depending on the need and requests of the parties.
Most mediations conducted via Zoom as that is the preferred method of most attorneys. In-person mediations at the parties request, and also have conducted or continued mediations through emails, phone calls or texts.
Thomas M. Cooley Law School (J.D., Cum Laude-1986); Michigan State University (B.A., Business-1983).
Admitted to the Bar: Michigan (1986); U.S. District Court: Eastern (1986) and Western (2018) Districts of Michigan, District of Colorado (2005), Eastern District of Wisconsin (2007), Western District of Texas (2008); U.S. Court of Appeals: Sixth Circuit (1992).<br/><br/>Pro hac vice admissions to practice within the State or Federal Courts of the following jurisdictions: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia and Wisconsin.
State Bar of Michigan, Alternative Dispute Resolution Section Member; Oakland County Bar Association, Alternative Dispute Resolution Committee Member, ADR Committee Chair 2022/23 and 2023/24, ADR Committee Vice-Chair 2021/22, Circuit Court Committee Member; Oakland County Circuit Court, Listed Approved Civil Mediator, Listed Approved Case Evaluator: Special Panel Product Liability Neutral; Oakland County District Courts, Listed Approved Case Evaluator, Macomb County Circuit Court, Listed Approved Civil Mediator, Listed Approved Case Evaluator; Genesee County Circuit Court, Listed Approved Civil Mediator; Oakland Mediation Center, Bloomfield Hills, MI, Executive Board of Trustees, Approved Roster of Volunteer Mediators; The Resolution Center, Mt. Clemens, MI, Approved Roster of Volunteer Mediators.
February 27, 2024: Oakland County Bar Association: panelist on Discovery Motion Mediation Training.<br/>May 14, 2024: Oakland County Bar Association: seminar panelist on "Case Evaluation and ADR - What Every Litigator Needs to Know!!"
$300 Per Hour
English
United States of America
Rochester Hills, MI
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.
