Contact James R. Cole
Cole Alternative Dispute Resolution
33 E. Main St., Suite 900
Madison, WI 53703
telephone: 608-695-0090
facsimile: 608-294-4908
Profession Attorney
Work History Cole Alternative Dispute Resolution, 2009-present; (Retired) Partner, Quarles & Brady LLP, 1994-09; Partner, Stroud, Willink, Thompson & Howard, 1989-94; Partner, Haight & Hofeldt, 1987-89; Shareholder, Ross & Stevens, S.C., 1970-87.
General Experience 40 years' experience in commercial litigation; 25 years' experience in I/P litigation; and 20 years' experience as a mediator in construction and civil disputes. AV rating through Martindale Hubbell.
Experience as a Mediator Has served as a mediator in patent cases involving issues of co-inventorship, infringement, and invalidity; and in copyright cases involving the copying of book and magazine photos. In the construction area, has mediated disputes between owners and contactors and between contractors and sub-contractors in commercial projects, such as hotels. Has also served as mediator in a number of business ownership/partnership disputes involving closely held companies.
Representative Issues Handled as a Mediator Has handled representative issues concerning the following: intellectual property cases involving claims of trade secret misappropriation, failure to list a co-inventor in a patent application, copying and misappropriation of photographs of professional athletes, and allegations of invalidity of patent claims for materials used in high tech scientific labs; construction cases including delay damages, design errors, and defects in construction; and other commercial contract disputes including issues with respect to successor liability in real estate purchase contracts for the development of hotel properties, the effect of buy/sell agreements between co-owners of closely held businesses, the applicability of contingencies in the purchase and development agreements for multifamily high rise residential properties, and cases involving insurance coverage disputes.
Multi Party Mediation Experience Has mediated construction dispute cases for the development of commercial and hotel properties, including disputes between the owner/developer, the general contactor and subcontractor. Has also mediated ownership disputes among multiple minority ownership interests of closely held businesses.
Mediation Experience as an Advocate Has represented a number of clients in mediation of disputes involving allegations of trade secret misappropriation with respect to software, computer supplies and manufacturing techniques. In the intellectual property area, has represented clients in mediation involving trade name disputes, allegations of patent infringement and invalidity of biotechnical patents and copyright infringement claims for architectural designs. Has also represented contractors in the mediation of a variety of construction disputes, including delay claims, construction defects and design errors.
Mediation Philosophy Since the mediator acts as a facilitator rather than a decision-maker, the true experts - the people who know their businesses, ventures and technology better than anyone else - are responsible for communicating their position and resolving the conflict rather than relying on third party judges, juries or arbitrators unfamiliar with the intricacies of the venture, strategic plans or processes in question. As a result, mediation is more flexible and allows the parties greater control over the process and timing of the dispute resolution, avoiding the arbitrariness of the litigation process. My approach to mediation combines both facilitation and evaluation, particularly as called for by the parties or the nature of their dispute. I believe I have established a track record of trust among those parties with whom I have worked. I urge the parties to explore resolutions that are not available through the litigation process such as licensing of intellectual property or future work opportunities among contractors. In particular, I urge parties to "look to the future" as a means of resolving a dispute rather than "standing with their back to the future" as is required in any litigation setting. It is important to remember, however, that an important element in any dispute resolution process is providing a forum in which the parties can feel they have truly "been heard."
Mediation References Paul R. Norman, pnorman@boardmanclark.com; Kevin Lyons, klyons@dkattorneys.com; Elizabeth Borland, egborland@sgrlaw.com, (404) 815-3645; Keith Clifford, kclifford@myjustice.com, (608) 257-7900.
Alternative Dispute Resolution Training AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2009; ICDR The Common Law/Civil Law Gap: The Issues and How International Arbitrators May Resolve Them, 2006; AAA Arbitrator I Training: Fundamentals of the Arbitration Process, 2005; University of Wisconsin/Wisconsin Association of Mediators, Emerging Issues in Mediation Seminar, 2004; University of Wisconsin, Mediation Skills, 2004; Franklin Pierce Law Center & John Paul Jones Group, Certified Mediator; Mediation Skills for Intellectual Property, 2002.
Professional Licenses Admitted to the Bar, Wisconsin, 1969.
Professional Associations State Bar of Wisconsin (ADR Section, Board Member); Wisconsin Intellectual Property Law Association; American Bar Association (Litigation Section; Dispute Resolution Section); International Mediation Institute (IMI) Certified Mediator; American Intellectual Property Law Association; Associated General Contractors of Wisconsin
Education University of Wisconsin at Madison (BS-1966; JD-1969).
Awards and Honors "Best Lawyers in America," 2005-10; "SuperLawyers" in Wisconsin for ADR.
Publications and Speaking Engagements Video/CD: Preparing for your Business Deposition, State Bar of Wisconsin, 1998; WISCONSIN DISCOVERY LAW & PRACTICE, State Bar of Wisconsin, 1994 and updates; Mediating Business Disputes, Business Law Section, State Bar of Wisconsin; Mediating Design Disputes, Assoc. General Contractors; Proving Damages in Patent Cases, Practising Law Institute.
Mediation Rate $400 Per Hour
Citizenship United States of America
Locale Madison, WI
