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Office Location: San Diego, CA
Email: mattargue@onemediator.net
Website: www.onemediator.net
Law School: University of Southern California Gould Law Center (1989)
Types of ADR services offered: Mediation, Arbitration, Discovery Referee
Affiliated ADR organizations: AMCC, AAA
Geographic area served: California, Nevada, Washington, Texas (and other jurisdictions via Zoom)
A: My path to mediation was heavily influenced by outside life events. I have been diagnosed with 3 different types of cancer over a 10-year period. After cancer #2, I decided continuing as a trial lawyer working 60+ hours per week was not healthy or wise. I took several years off to recover and rebuild my health, then my former law firm invited me to an annual firm dinner. While reconnecting with old friends, several former partners suggested I consider transitioning to a full-time mediator. A retired Federal District Court judge in San Diego who was doing high-level mediation allowed me to work as a mediation extern for 8 months to kick start my mediation practice. I also spent time observing Randy Wulff, Ross Hart, and other experienced mediators to gain mediation insights.
Q: What percentage of your current legal practice is spent on ADR work?
A: I have been working as a full-time mediator since 2006. I have worked exclusively in construction mediation and arbitration for the past 18 years.
Q: What adversities did you have to overcome to succeed in your practice and get where you are today?
A: The third bout of cancer in 2009 was acute Lymphoid Leukemia (“ALL”). After establishing a full-time mediation practice, I had to take 18 months off to heal from a bone marrow transplant. So many other mediators and attorneys came to my aid to help/support during cancer recovery and to rebuild my mediation practice after cancer recovery. After surviving multiple bouts of cancer, the challenges of starting and restarting a construction mediation practice was much less daunting. I really enjoy being a mediator (far more than I enjoyed being a trial lawyer) so that helps, too! For me, being a mediator is a good fit for my personality as a peacemaker.
Q: Describe your background and experience mediating construction cases.
A: I have over 30 years' experience in construction litigation, mediation and arbitration. I have mediated over 1,000 construction cases in the past 18 years. As a full-time neutral for construction mediations and arbitrations, I handle a wide variety of construction claims cases involving both public and private works, including airports, the Port District, hotels, high rise commercial developments, local government facilities, Federal facilities, schools, water district, universities, low-income housing, residential luxury high-rise developments, large-scale residential housing developments, and high-end luxury single-family homes.
Q: Do you have a reputation as a mediator?
A: The best compliment I received as a mediator is that “he likes to settle cases and does not give up.”
Q: Do you have any practices that you find make you particularly effective as a mediator?
A: I like to meet with counsel well in advance of mediation (usually several months before mediation) to improve my understanding of the issues and facilitate robust exchange of information. My goal is to ensure that all questions have been answered so the parties are ready to settle on the day of mediation.
Q: When do you recommend parties in a dispute attempt mediation?
A: As early as possible. Claims get bigger and more complex the longer parties wait to engage the mediator. Mediators can expedite exchange of information and help focus the parties on the real issues in dispute and save time by avoiding time on peripheral issues. Also, mediators restore relationships between counsel prior to mediation to facilitate cooperation during the mediation.
Q: What experience do you have arbitrating construction cases?
A: I am on the AAA Large Complex Construction Panel of Arbitrators. I have been appointed as an arbitrator in over 20 construction arbitration cases and have experience in a wide variety of construction matters including change order disputes, budget disputes, construction failures, delay and inefficiency claims, project schedules, acceleration, home office overhead, field office overhead, termination, defective construction (commercial and residential), condominium buildings, insurance coverage and bad faith claims.
Q: What are some of your interests or hobbies?
A: I am an avid golfer. I played golf in college for San Diego State University and my greatest hope was to have my sons pick up golf. I paid for golf lessons for my two boys from the ages of 9 to 16 but neither son seemed to take to the sport. My youngest son, Liam, restarted playing and is now on his college golf team. My greatest dream to play golf with my son eventually came to pass. Yeah!
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