"Discourage litigation. Persuade your neighbors to compromise whenever you can."
—Abraham Lincoln
At ADRSource, we recognize that litigation is a costly, although sometimes necessary, means of resolving disputes. And, when a case goes to trial, there is a 100% probability that one side will be disappointed, and nearly as likely that both sides will be disappointed with the result. Alternative methods of dispute resolution (ADR) can be effective and more efficient in achieving the desired result for both sides.
Roster of Professionals:
O. Russel Murray is the Managing
Director of ADRSource and is one of the leading business
and commercial ADR professionals in Colorado and the Rocky
Mountain Region. He has arbitrated and mediated cases locally, nationally, and internationally ranging from mediation of conflicts among multi-national corporate partners in a power generation facility in Latin America; to arbitration of securitization of debt issues in bank/borrower disputes; to mediation of shareholder disputes in closely held corporations; to mediation of issues among oil & gas operators and landowners; to mediations and arbitrations between contract disputants, joint venturers, lenders and project participants, trade secret litigants, and more:
Oil and Gas, Environmental
Real Estate and Construction
Antitrust and Trade Regulation
Non-compete provisions
Insurance and Coverage
Class Actions
Products Liability
Trade Secrets
Securities and Investment
Shareholder and Partner Disputes
Government and Administrative
Workplace and Employment
Complex and Multi-District Litigation
Negligence and other Torts
Background:
Before becoming an ADR professional, Russel worked for over 20 years as a business litigation and transaction attorney. After receiving his LLM from Northwestern University Law School in 1977, Russel began his career as a trial attorney with the United States Department of Justice, Antitrust Division, in Washington, D.C., where he also served as a Special Assistant United States Attorney. In 1980, he returned to Denver with a large law firm, where he practiced until 1983 before forming his own business litigation and transaction firm. Russel’s litigation experience ranges from complex multi-district antitrust litigation, to contract disputes, to telecommunications, to oil and gas matters, to securities fraud, to arbitration and mediation. He has also acted as transaction counsel on multi-million dollar business, real estate and oil and gas acquisitions and divestitures, including several large projects in Latin America.
ADR-Related Membership and Activities:
Member, Dispute Resolution Section, American Bar Association (Arbitration, Mediation Committees).
Chair, ad hoc ABA/DR Section sub-Committee to draft guidelines for arbitrator disclosures.
Member, sub-Committee of the ABA/DR Section Ethics Committee.
Chair, Colorado Bar Association Alternative Dispute Resolution Section, 2008-09.
Member, Committee on Alternative Dispute Resolution, ABA Litigation Section.
Member, Planning Committee and Faculty, CBA/CLE Mediation Training.
Presenter, CLE Program, Effective Mediation Strategies for Litigators.
Frequent speaker on ADR topics for local and national continuing legal education programs, including programs on Arbitrator and Mediator disclosure obligations and mediation training.
Member – Colorado, California and District of Colombia Bars, and local Bar Associations including Denver, Adams/Broomfield, and Boulder County.
ADR-Related Publications:
Author, The Mediation Handbook: Effective Strategies for Litigators (Bradford Publishing 2006).
Author, “Arbitrator and Mediator Disclosure Obligations in Colorado,” 34 The Colorado Lawyer 53 (September 2005).
Author, “Shifting from an Actual Bias to an Appearance of Bias ADR Disclosure Standard,” Commercial & Business Litigation Newsletter, ABA Litigation Section (Winter 2006).
Co-Author, "Ethics in Negotiation and Mediation for the Florida Attorney," 82 The Florida Bar Journal 11 (May 2008).
Numerous articles on various topics in mediation and arbitration.
ADR Training:
ABA Advanced Arbitration Training Institute.
NASD Arbitrator Panel Member Training.
ABA Advanced Mediation Training.
Mediation Training, CDR Associates.
Harvard Program on Negotiation.
Numerous CLE programs on ADR topics, both as lecturer and as participant.
Other Memberships:
Board of Directors, Colorado Lawyers Committee.
Member, The Colorado Judicial Institute.
Member, Colorado Association of Corporate Counsel.
Member, American Inns of Court, Rhone-Brackett Chapter.
Other Professional:
Speaker/Lecturer at CLE seminars on litigation and business matters, including Program Chair and Lecturer, Representing the Professional Practice and Protecting Your Business When Employees Leave.
Contributing Author, Antitrust Law for the General Practitioner (section on“Practical Considerations in Federal Antitrust Grand Jury Investigations”), published by Continuing Legal Education in Colorado.
Author, The Role of Relevant Market Analysis in Sherman Act Section 2 Conspiracy to Monopolize Cases.
Co-Chair, Business Law Section of the Boulder County Bar Association, 2001.
LAW PRACTICE:
O. Russel Murray, P.C. (and predecessor firm, Garlin Driscoll & Murray) Founder, Managing Partner
Business and commercial mediation and arbitration both as advocate and as neutral; transaction counsel for acquisitions and divestitures totaling over $500 million; complex business litigation and transaction work in over 25 states and 5 foreign countries; multi-district and class action matters; “outside” general counsel to small business clients.
Holme Roberts & Owen 1980 – 1983 Associate Denver, Colorado
Business litigation, including complex multi-district antitrust litigation and class action defense.
United States Department of Justice 1977 – 1980 Trial Attorney, Antitrust Division, and Special Assistant United States Attorney Washington, D.C.
Grand jury investigations, civil antitrust investigations and trials, criminal jury trials, draft Justice Department position papers.
Education:
LL.M.
(antitrust, trade regulation) 1977:
Northwestern
University School of Law
Raymond Fellowship Recipient
J.D. (cum
laude) 1976:
Southwestern University
Law School
Associate Editor Law Review
B.S. (business/accounting)
1973:
University of Colorado
- Boulder
___________________________
Thomas E. Downey, Jr. recently joined the roster of neutrals at ADR Sourceand brings over 30 years of experience as a successful business litigator in areas including p roducts liability, malpractice defense, labor and employment, real estate law, land use and zoning, corporate and partnership law, real and personal property taxation, and OSHA and MSHA matters. He is also a trained mediator and arbitrator, with extensive experience in both areas as an advocate and as a neutral.
Bar Admissions
Ohio, 1974
Colorado, 1979
U.S. District Court District of Colorado, 1979
U.S. Supreme Court, 2006
Education
Cleveland State University, Cleveland-Marshall College of Law, Cleveland, Ohio, 1973
J.D.
Honors and awards: Cum Laude;
Law Review Editor.
John Carroll University, Cleveland, Ohio, B.A. 1970.
Professional Associations and Memberships
Denver Bar Association
Member
Arapahoe County Bar Association
Member
Colorado Bar Association
Member
American Bar Association, Litigation Section
Member
American Bar Association, Land Use and Zoning
Member
_______________________________
Jim Stone has practiced law for over 30 years and brings to his full time mediation and arbitration practice the skills acquired as a litigator of complex cases.
Jim began his career as a Mediator and Arbitrator in 2001 when he joined Judicial Arbitration and Mediation Services, JAMS. Jim has mediated hundreds of cases and has presided over a significant number of arbitrations involving claims approaching one hundred million dollars. Jim proudly joined ADR Source in 2008.
Jim is committed to creative, thoughtful, courteous, diligent and persistent handling of his mediations. Jim is flexible in his approach, he can be facilitative, evaluative or take on whatever role the mediation requires. He works hard and is well prepared for each case. He is most comfortable exploring interests, but can also greatly assist the parties if they are only comfortable with positional bargaining. Two of his greatest strengths are that he is creative and persistent. He usually earns the parties’ trust early in the mediation.
Jim has co-authored two arbitration articles for The Colorado Lawyer: The Supreme Court’s Emerging Endorsement of Arbitration, 30 Colo. Law 67 (Sept. 2001) and Colorado’s Revised Uniform Arbitration Act, 33 Colo. Law 11 (Sept. 2004). He is frequently asked to speak on ADR topics locally and nationally.
Jim has arbitrated, litigated or mediated cases in the following areas:
Business/commercial disputes Construction Intellectual property
Real Estate Employment Environmental
Professional liability Labor Internet Services Industry
Oil/gas Securities Franchising
Jim is past Chair of the ADR Section of the Colorado Bar Association and is currently a co-editor of the Section’s column featured in the Colorado Lawyer.
Jim is an Adjunct at the University of Denver Sturm College of Law teaching Alternative Dispute Resolution.
Before becoming a full time ADR professional, Jim enjoyed a successful 25-year career as a litigator at Fairfield and Woods, P.C. where he specialized in complex civil litigation and employment law. Jim has considerable experience litigating securities, construction and environmental cases. He also has extensive employment law experience, including arguing an employment law case before The Supreme Court of the United States, as well as representing employers and employees in hundreds of Equal Employment Opportunity charges of employment discrimination.
Jim was Shareholder-Director, Associate and Partner with Fairfield and Woods P.C. from 1974 -1999. He was Managing Partner during 1983-1985 and Managing Director during 1993-1995.
REPRESENTATIVE CASES
Employment:
Equal Employment Opportunity Commission v. Commercial Office Products Company, 486 U.S. 107, 108 S.Ct. 1666 (1988) (defense).
Quicker v. American v. Mueller, 712 F.Supp. 824 (D. Co. 1989); 747 P.2d 682 (Co. App. 1987) (plaintiff).
Kriefels et al. v. Conoco Refining Inc., (1989). Age claims on behalf of four plaintiffs.
Freeman v. Western Stone & Metal Corp., Superior Court, King County, Washington (1991) (3-week trial) (defense).
Complex Commercial Litigation:
Pan Eastern Exploration Co. v. Hufo Oils et al., 798 F.2d 837 (5th Cir. 1986) and 855 F.2d 1106 (5th Cir. 1988).
Aeroturbine Energy Corp. et al. v. Pacific Gas & Electric Co. (Bankr. D. Co. 1994) (J. Kreiger, 6-week trial).
Public Service Employees’ Credit Union et al. v. PGA Tour, Inc. et al., District Court, Douglas County, Colorado (1992) (defense).
MEMBERSHIPS AND ACTIVITIES
Martindale-Hubbel rating A-V. Member, Denver, Colorado and American Bar Associations (Labor, Employment and Litigation sections; ABA and CBA Dispute Resolution Sections).
EDUCATION
J.D., University of Denver College of Law, 1973, (Staff member and Associate Editor, Denver Law Journal, 1971-1973).
