Jeffrey P. Aiken, Esq.
1071 E. Circle Drive
Whitefish Bay, WI 53217
Hourly Rate $375
Cases 15
Languages English
Senior Counsel/Attorney, Whyte Hirschboeck Dudek S.C. (formerly Frisch Dudek), 1972 – 1983 & 1988 – 2012; General Counsel, National Development and Investment Inc., 1983 – 1988.
Mediations handled have included: an $8 MM construction dispute, involving $6 MM of multiple claims and $2 MM of multiple counterclaims; dispute regarding damages allegedly sustained to a roof and driveway at a residence; a $100,000 damage claim regarding the construction of a high-end lake home; a dispute regarding terms of a sponsorship agreement for an auto racing team; and a securities matter involving claims of misrepresentation, negligence, breach of fiduciary duty, and conspiracy.
Adherence to the model standards of conduct for mediators, employing collaborative, evaluative and other approaches as required to facilitate resolutions addressing underlying party needs and interests. Emphasis is on early identification of keys to settlement by requesting confidential pre-mediation submissions identifying a party's positions; best, worst, and likely alternatives to negotiated resolution; and self-assessment of risk/reward probabilities. Initial joint sessions are tailored to separate people from the problem consistent with party pre-mediation input and are typically followed by private caucuses, with invocation of various impasse strategies as required.
Brian W. Mullins, Esq.,, (608) 257-5661; Michael H. Schaalman, Esq.,, (414) 277-5000.
Arbitrator Performance and Demeanor ~ Meeting Participant Expectations, 2018; AAA Conducting Research & Investigations: The Arbitrator's Authority ACE09, 2017; Faculty, AAA Protecting Your Award from Appellate Challenge, 2016; AAA Imposing Sanctions in Arbitration: Just How Far Can You Go? 2015; AAA Take the Initiative! Your Obligation to be a Proactive Arbitrator 2015; Introducing New Commercial Rules, 2014 (AAA Webinar);Five Ways to Reduce the Cost of Construction Arbitration, 2014 (AAA Webinar); What's a Respondent Like You Doing in a Place Like This? Confronting Arbitrability and Jurisdiction Issues in Arbitration, 2013 (AAA Webinar); Arbitrator Ethics & Disclosure ACE03, 2012 (AAA); Arbitrator Boundaries: What are the Limits of Arbitrator Authority?, 2011 (AAA Webinar) and 2009; Advanced Mediator Training, 2010; (AAA Webinar); Five Steps to Fast-Track the Large, Complex Construction Case, 2010 (AAA Webinar); Electronic Discovery in Arbitration: What You Need to Know, 2010 (AAA Webinar); Judicial Remands of Challenged Awards: What Happens When the Decision Isn't Final, 2009; ADR After NAFTA, 2008 (ICDR); Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics, 2007 (ACE005)(AAA), 2007;/AAA/Harvard Advanced Commercial Mediation Institute, 2006; AAA Fundamentals of Effective Mediation Advocacy, 2006; Dealing with Delay Tactics of Parties in Arbitration, 2005 ACE04; Arbitration Awards: Safeguarding, Deciding & Writing Awards, 2004 ACE01; Arbitrator Update, 2001 (AAA); Central Case Management Center, Administrative Issues Workshop, 2001 (AAA); Construction Industry Arbitrator II Training: Advanced Case Management Issues, 2001 (AAA); New York Stock Exchange, Arbitrator Training, 2004, 1998, 1996, 1992; Commercial Arbitrator Training, 1998 (AAA); Construction Industry Arbitrator Training Workshop, 1997 (AAA).
Admitted to the Bar: Wisconsin (1972); U.S. District Court: Eastern and Western Districts of Wisconsin (1972), Eastern District of Michigan (2002), Northern District of Illinois (2003); U.S. Court of Appeals: Sixth (2006) and Seventh (1972) Circuits.
American Bar Association (ADR Section; Construction Industry Section; Litigation Section; Fidelity and Surety Law Committee); American College of Mortgage Attorneys (Past Board of Regents; Past Program Chair; Past State Chair); State Bar of Wisconsin (ADR Section; Technology and E-Commerce Committee, Past Chair; Construction and Public Contract Law Section, Board, Past Chair; ADR Committee, Past Liaison; Standard Legal Opinion Committee, Past Chair); International Mediation Institute (IMI) Certified Mediator. Adjunct Prof. University of Wisconsin Law School ("Construction Law" - 2010-Present) and School of Engineering (CEE 491, "Legal Aspects of Engineering"- 2011-Present).
Marquette University (JD, cum laude-1972; BA, cum laude-1969).
Chosen as one of Wisconsin's Top 50 Lawyers (2005) and named to Super Lawyer List (2006 - 2011) by Wisconsin Super Lawyers Magazine; named a Top 10 Construction Lawyer by the Daily Reporter (2006); included in The Best Lawyers in America in Litigation - Construction Law (2012).
PUBLICATIONS: "Unresolved Legal Issues with Modified Total Cost Claims, ABA Construction Litigation Committee Newsletter, CONSTRUCT!, Summer 2011; "Preparing for Mediation: What You Need to Know," 2010 Thomson Reuters/Aspatore; "Construction Experts and Res Ipsa Loquitor: Bridging the Evidentiary Gap," Construction Lawyer, vol. 30, 2010; "Commercial Mediation in the United States," STUDIA LURIDICA CAROLIENSIA 4, 2009 Kapa Matyas; "Contractor Coverage for Construction Claims Under CGL Policies: The Basics and Beyond," TORT TRIAL & Insurance Practice Law Journal, vol. 44-3/44-4, 2009; "Due Diligence in Arbitrator Selection: Using Interviews and Written Voir Dire," AAA Dispute Resolution Journal, May-July 2009; "Developing Commercial Mediation Best Practices: Probability Analysis and More," Inside The Minds, Strategies for Successful Mediation, Thomson/Aspatore, 2008; co-author, "Court Decision Emphasized Danger to Vendor in Strict Limitation of Remedies in Software Agreements," International Computer Negotiations Newsletter, vol. 9, 2002; "Shrink Wrap, Box Top & Insert Terms Not Necessarily Enforceable," Wisconsin Bar Association Newsletter, Fall 2000; "Loss of Use & Functionality is 'Physical Damage' Covered by Business Interruption Policy," Wisconsin Bar Association Newsletter, Summer 2000.

SPEAKING ENGAGEMENTS: "Arbitration & Mediation -- Basics & Beyond," Commercial Law Group of Central Wisconsin, Feb. 2008; "Contracting Over the Internet: Making 'Battle of the Forms' Child's Play," and "Contract Drafting & Litigation Issues Under UCITA," Wisconsin & Milwaukee Bar Associations, November 2001; "Legal Issues With System Insecurity in E-commerce," Center for International Legal Studies, Salzburg, October 2001; "Project Dispute Resolution Protocols," Wisconsin Bar Association Construction Law in Wisconsin, June 2001; "Construction Claims in Wisconsin," Lorman Education Services, March 2000, April 2000, April 2001; "Construction Contracting for Public Entities in Wisconsin," Lorman Education Services, May 1999, August 2000; and numerous other speaking engagements and publications.
$375 Per Hour
United States of America
Whitefish Bay, WI

The AAA provides mediators to parties on cases administered by the AAA under AAA mediation procedures. Mediations that proceed without AAA administration are not considered AAA mediations, even where parties select a mediator who is a member of an AAA mediation roster.