Jerome F. Rock, Esq.
Attorney, Engineer, Arbitrator, Mediator; former IT industry Executive
Jerome F. Rock, PC, 745 Grand Marais, Grosse Pointe Park, MI 48230
Hourly Rate $400
Current Jerome F. Rock, J.D., Full Time Arbitrator and Mediator for Commercial,
Technology and Construction Industry disputes.
Practice 13
Cases 500
Languages English
Jerome F. Rock, J.D., Full Time Arbitrator and Mediator for Commercial,
Technology and Construction Industry disputes.
Attorney, Engineer, Arbitrator, Mediator; former IT industry Executive
Arbitrator and Mediator for Commercial, Technology and Construction Industry disputes, Jerome F. Rock, PC, Attorney 1977-present; Vice President and General Counsel, Bulldog Boiler Rentals, LLC, 2001-09; President and General Counsel, Building Technology Associates, Inc., 1991-01; Senior Partner and Founding Shareholder, Jacob & Weingarten, Rock & Sherbow, 1977-91; Engineer - Assistant Legal Counsel, Southeastern Michigan Transportation Authority, 1973-77.
Attorney with transactional and litigation practice focusing on complex commercial, technology, engineering, and construction transactions with specialized experience in roofing contracts, defects and warranty claims. Commercial law practice involved organization, financing and transactions for high tech contract manufacturing, machine vision technology, software development and technology consulting businesses. Represented publicly traded oil and gas limited partnerships, real estate limited partnerships and high technology start-ups in financing, securities, acquisition, development and leasing activities. Represented international real estate firm for exclusive multi-state commercial leasing transactions. Former shareholder in high technology contract design and manufacturing company focusing on industrial computers and controls.

Construction law practice involved representation of general contractors, developers, engineers, architects, subcontractors and suppliers involving private and public projects. Experience with commercial, institutional and industrial projects, electric utility transmission, as well as Federal, State and local Government contracting.

Served 10 years as President for specialty engineering design firm providing program management and computer forecasting based on life cycle cost models (LCC) to establish capital and maintenance budgets for national manufacturing, telecommunications and public utility clients. Designed Facility Asset Management and Facility Maintenance program that used Building Information Modeling (BIM), industry performance standards and cost database to forecast serviceability of building components such as roofing, walls and windows, floors and paving, plumbing, HVAC and primary electrical systems. Developed computer based pre-qualification, bid submission and quality assurance programs for construction expenditures in excess of $500M. Instituted performance metrics and process definition for firm's interaction with customers, architects, contractors and quality assurance contractors. Developed and administered performance based warranty programs for manufacturers, including roof membrane and roof material manufacturers and directed owner's warranty claims for defective building products. Developed and negotiated software development, research and development, joint venture and teaming agreements with national engineering and construction firms. Applied for business method patent and trademark protection for business practices. Holds U.S. Patent No.20100139780.

Served as Vice-President and General Counsel to construction industry specialty equipment business involved in high pressure steam boilers and remote monitoring control technology. Developed ISO 9001:2000 Certification program. Designed performance based contract systems for energy savings utilizing computer controls and remote monitoring with cellular transmission and the internet. Negotiated contracts for delivery of products and services for nuclear and fossil fuel electric generating facilities, wastewater treatment plants, manufacturing plants, colleges and high schools, condominium projects, hotels, prisons, municipal public works projects, aircraft and rail locomotive manufacturing facilities. Procured under Federal Acquisition Regulation System.

Served as Engineer and Assistant General Counsel to Southeastern Michigan Transportation Authority involved in developing request for proposals and evaluating bids for preliminary engineering studies for mass transit, light rail transit and dedicated bus transit lane projects including ridership surveys, alternative analysis and environmental impact assessments. Manage relationships with federal, state and local agencies for planning and funding mass transportation projects.
National Practice as Mediator for commercial, engineering, technology and construction industry disputes. Particular emphasis on complex issues where technical and engineering background and business experience is necessary.

Industry groups include public colleges and universities, municipalities and government agencies, waste water and water utilities, electric utilities, including nuclear facilities, engineering and professional service organizations, commercial and industrial real estate, manufacturing, construction, high technology, including software development. Matters involved breach of contract, non competition, patent, trade secret and trademark infringement, warranty and product defect disputes, commercial and industrial lease disputes, scope and design changes, contract and specification interpretation, liquidated and consequential damages, contract delay claims, change order disputes, cost overruns, liquidated damages and consequential damages, indemnity issues and claims with sureties, building product failures, design and construction defects, architect and engineer liability, disputes involving performance based contracting for energy systems, energy management contract disputes, commissioning for HVAC and energy control systems, material warranty and roof design and defective installation disputes for single ply membrane and asphalt and bituminous built up roofing systems.

Active as a mediator since 2002, having mediated over 300 matters. Certified General Civil Case Mediator for State of Michigan, certified mediator for Wayne, Oakland, Macomb and Washtenaw counties and Federal District Court. Member on the Panel for the Civil Early Case Intervention Program, Oakland County Circuit Court.
Commercial mediation issues include lack of performance, breach of contract, contract interpretation, close corporation shareholder rights, oppression of minority shareholders, patent, trade mark, trade secret, confidentiality, non disclosure and non competition issues. Limited Partnership disputes, including Proxy challenges to remove General Partner, investment/capital call disputes. Commission disputes between manufacturer representatives and sales representatives and manufacturers, franchise disputes, warranty and product defect disputes including roof defect and warranty claims, commercial and industrial lease disputes, scope and design changes, contract delay claims, change order disputes, cost overruns, liquidated damages and consequential damages, indemnity issues and claims with sureties, building product failures, design and construction defects, architect and engineer liability, disputes involving performance based contracting for energy systems, energy management contract disputes, commissioning for HVAC and energy control systems, material warranty and roof design and defective installation disputes for single ply membrane and asphalt and bituminous built up roofing systems.
As an advocate, participated in numerous facilitations under the Case Evaluation ADR program and in facilitative Mediation hearings. As a business executive, has been a party in two litigation matters that were successfully resolved in mediation, resulting in settlements of $750K.
Conflict is a normal part of the business process. Training, skill and experience are required to manage the conflict, and if the conflict escalates to litigation, a "Business Case" mentality is required to monitor and evaluate the effectiveness of the resources that are expended to achieve an end result. There are several ways in which a trained Mediator can play a valuable role to each side in a controversy: a) by understanding the complexity of the conflict, and designing a mediation process that will best address the needs of all parties; b) making the attorneys for each party a full partner in the mediation process without abdicating any role of advocacy or legal representation; c) by giving each principal an opportunity to hear and understand the position of the other side, without the obligation of accepting or agreeing with that position. By inference this gives the principals an opportunity to assess the strengths and weaknesses of their own positions, and reflect on the risk associated with continuing the litigation process; d) establish an environment that focuses on problem solving by working with the parties and their attorneys to develop creative, yet practical options that are acceptable to the parties, but might not be available if the matter is resolved by a judge, or through trial; e) by giving the principals an opportunity, if appropriate, to preserve or minimize the damage to an established business relationship that exists between them.

As a business executive, an engineer, an attorney and a trained Neutral, I am comfortable with complicated or technical subject matter and can therefore quickly grasp the issues and lead the mediation process. Although I may have subject matter expertise, it is not necessary for me to act in an "evaluative role" as a mediator, unless requested by the parties, or otherwise appropriate for the purpose of facilitating some portion of a settlement.

My experience as a business executive party to the mediation process taught me an lesson about the importance of the role of legal counsel. As a mediator, I spend great effort to make the attorneys a full partner in the process, without expecting the attorneys to abdicate their role as advocates.

I have participated in a Civil Early Case Intervention Program thought the Oakland County Circuit Court. Early Case Intervention presents the parties with an introduction to Mediation as a viable method to resolving the dispute shortly after the case is filed, potentially avoiding, or perhaps minimizing the necessity of full discovery and pre-trial motion practice. The Mediator serves to narrow issues and may continue or adjourn the Mediation Hearing while the parties pursue agreed upon discovery, or dispositive motions. I believe the Mediator can become involved in the conflict at an early stage, and assist the parties by monitoring the discovery process, and reconvening the Mediation hearing as soon as practical. Mediation can be followed by fact finding and binding arbitration. Flexibility and creativity in the ADR process can lead to significant benefits to all parties.
Hon. Phyllis McMillen, Circuit Judge, Oakland County Circuit Court, (248) 858-0337; Hon. Richard Caretti, Circuit Judge, Macomb County Circuit Court, (586) 469-5137; Hon. Carl Jarboe, Municipal Judge, Grosse Pointe Park Municipal Court, (313) 586-2500; Ed Hartfield ed@hartfieldresolutiongroup.com (586) 419-7417; Kevin Hendrick, Esq. khendrick@ClarkHill.com (313)965-8315; Tracey Allen, Esq. tallen@nediate.com (586) 979 6500; Gene Essahki, Esq. gjessahki@anqey.com (313) 566-2500; additional references available upon request.
AAA Motion Practice in Arbitration: Worthwhile or an Expensive Distraction?
2014; AAA Using Experts Effectively in Arbitration, 2013; AAA Construction Professionals Guide to Conducting an AAA Arbitration, 2013; Faculty, AAA Green Construction Update: How Does ADR Apply to Green Construction: What is Changing, and What is Staying the Same?, 2011; AAA Labor Arbitrator II Workshop, 2011; Faculty, AAA Green Construction Update, 2011, 2010; AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2010; AAA - Labor Arbitrator I, 2010; AAA Green Construction Update, 2010; AAA Dealing With Delay Tactics in Arbitration (ACE004), 2010; AAA Construction Conference: Maximizing ADR Advocacy for Today's Economy, 2009; Arbitration Fundamentals and Best Practices for New AAA Arbitrators, AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2009; Advanced Negotiation and Dispute Resolution Institute, Institute for Continuing Legal Education, Arbitration Track Training, 2002-09; Institute of Continuing Legal Education, 40-Hour General Civil Case Mediator Training, 2002; ICLE, Advanced Negotiation Strategies in Mediation, 2002; Oakland Mediation Center, General Civil Mediator Certification, 2002.
Admitted to the Bar, Michigan, U.S. District Court for the Eastern District of Michigan. Former LEED Accredited Professional (Leadership in Energy and Environmental Design) by U.S. Green Building Council. Licensed Residential Builder, State of Michigan.
State Bar of Michigan (Alternate Dispute Resolution Section; Labor Law Section, Business Law Section; Information Technology Section); Detroit Metropolitan Bar Association (Alternate Dispute Resolution Committee, Past Chairman); Macomb County Bar Association (Civil Practice Committee, Past co-chair, ADR subcommittee; Labor & Employment Law Committee; Permanent Neutral on Labor & Employment Law Case Evaluation Panel); Engineering Society of Detroit (Alternative Dispute Resolution Committee), U.S. Green Building Council, Detroit Regional Chapter, Commercial Real Estate Committee; Professional Resolution Experts of Michigan (Panel of Experts); Design Build Institute of America (Board of Directors, Michigan Chapter).
University of Detroit Mercy (BS, Mechanical Engineering-1972); Northwestern University (MS, Civil Engineering-1973); University of Detroit Mercy (JD-1976).
Chapter Author, Negotiation and Settlement, Michigan Civil Procedure (ICLE), 2nd ed., 2012. Publications in Dispute Resolution Journal, 2010. Publications in State Bar of Michigan, Alternative Dispute Resolution Quarterly, 2009; Macomb County Bar Association Magazine, 2009; Symposium Panel member, Engineering Society of Detroit, Michigan Green Enterprise Zone: Legal Risk Mitigation section, 2009; Presenter, Macomb County Bar Association, Continuing Legal Education seminar, 2009; Finalist Judge, ABA National Arbitration Forum, Arbitration Competition, 2007; Finalist Judge, ABA Advocacy in Mediation , Advocacy Competition, 2006; Speaker, Advanced Mediation Training, Michigan State University, College of Law, Alternative Dispute Resolution Program, 2006; Adjunct Lecturer, Wayne State University, Engineering and Construction Law. Faculty, SCAO Advanced Mediation Training in Med-Arb.
$400 Per Hour
English
United States of America
Grosse Pointe Park, MI

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.