Marjorie Corman Aaron, Just-Decisions.com – Principal<br/>University of Cincinnati College of Law - Professor of Practice Emerita<br/>

Attorney, Arbitrator, Mediator, Consultant, Educator

Principal, Marjorie Corman Aaron, Mediation & Dispute Resolution Services, current web presence as Just-Decisions.com, 1998-present;<br/>Professor of Practice, University of Cincinnati College of Law, 1999-2023;<br/>Executive Director, Program on Negotiation at Harvard Law School, 1994-1998;<br/>Instructor on Negotiation, Harvard Law School, 1995 and 1996;<br/>Senior Research Assistant, Harvard Business School, 1993-1994;<br/>VP and Senior Mediator, Endispute, Inc. (later merged with JAMS), 1988-1994;<br/>Assistant District Attorney, Plymouth County, MA, 1985-1987;<br/>Litigation Attorney, Goodwin Procter, 1981-1985.

Early career litigation practice with Goodwin Proctor in Boston; cases involved product liability, first amendment, commercial contracts, commercial paper, securities, franchise, real estate, employment, commission sales, business torts, and small or family business disputes.<br/><br/>After two years as an Asst. D.A. in Plymouth County, MA, moved into dispute resolution in 1988. Original "on the job" training as mediator and ADR design consultant wfounder and principal of Endispute, Inc. (later merged with national provider), and as Middlesex County Multi-Door Courthouse panel mediator. Mediated and arbitrated a wide range of commercial cases there, and drafted many of the original dispute resolution documents used by the firm. Also designed dispute resolution programs for large automotive companies' dealer-franchise operations, and conducted trainings for franchisee and franchisor panels. Taught, designed and wrote original materials for numerous Endispute mediation and negotiation workshops for its new Judicial Panel Members, federal judges groups, and law firms. <br/><br/>In 1994, was appointed Executive Director of the Program on Negotiation at Harvard Law school, with broad responsibility for public revenue generating programs, faculty research projects, teaching materials clearing house, and budget, and also served as Instructor on Negotiation at Harvard Law School.<br/><br/>Moved her mediation, arbitration, and training practice to a Cincinnati, Ohio base in 1998. Invited to be a Visiting Scholar at the University of Cincinnati College of Law in 1998-1999, soon became a full faculty member and Professor of Practice there, teaching negotiation, alternative dispute resolution, mediation, client counseling, decision tree analysis and trial practice (1999-2023), and is now Emerita.<br/><br/>Mediation and arbitration practice has involved a wide range of disputes: commercial contracts, partnership and shareholder actions in closely held and family businesses and trusts, commercial real estate transactions, software and web-based property and contract claims, franchisee-franchisor terms, banking, insurance coverage, financial services, commission sales, business fraud, business and partnership dissolution, consumer protection, environmental liability allocation, intellectual property, personal injury, and medical and other professional malpractice claims. Substantial experience in commercial construction disputes has included multi-party construction projects and claims by or against owners, developers, contractors, and architects. Substantial experience in employment disputes has included employment contracts and non-competes, and all manner of discrimination, harassment, retaliation, whistleblower, FMLA, and FLSA claims.<br/><br/>Teaching Experience<br/>Faculty at the University of Cincinnati College of Law from 1999-2023, as Professor of Practice teaching negotiation, mediation, mediation advocacy, ADR, client counseling, decision tree analysis, and trial practice. Has been visiting faculty teaching negotiation, mediation, decision analysis, or client counseling at University of Michigan Law School, Mitchell-Hamline School of Law, University of Nevada School of Law, and North Carolina Central University School of Law.<br/><br/>Has taught workshops on mediation for U of Cincinnati College of Law, Center for Practice, KY Bar Association, and Federal District Court Panels in PA, NY, and MI, including “Mediation and Advanced Mediation Advocacy", “Making Mediators” (a 19-hour CLE), “Advanced Mediation Practice Challenges”, and a program for federal Ohio judges and magistrates. Has also taught workshops in negotiation, client counseling and decision tree analysis for law firms, Legal Aid, bar associations, governmental agencies, and businesses.

Professional practice has been as a neutral only since 1988. Has mediated a wide variety of legal disputes including:<br/><br/>-Breach of exclusivity and non-competition provisions claims against consumer product manufacturer by spin-off beverage manufacturer, resolved on terms involving adjustments in manufacturing facilities' leases, royalty payments and revision of stock call prices;<br/>-Negligent design and breach of contract claims by automotive facility purchaser against mechanical clutch fabricator and design subcontractor;<br/>-Negligence and breach of contract claims by hotel owner against general contractor relating to pool and deck installation;<br/>-Claims by theater against mechanical lifts fabricator alleging breach of contract, negligent design and delay damages;<br/>-Ownership and profit distribution between founders of on-line start up in music education<br/>- Dispute between mall owner and restaurant tenant involving lease terms and accounting;<br/>-Lender liability claims by business borrower against bank and lender liability, fraud, contract claims by franchise owner against specialty lender; <br/>-Dispute between mall owner and restaurant tenant involving lease terms and accounting;<br/>-Several corporate separation disputes, including physician shareholder with radiology practice group, and principal of exhibit design company, resolving terms of separation and asset distribution; Canadian franchisee from US based franchisor regarding rights to customer lists, product marketing, and intellectual properties creating phased process for business separation, renaming, and promotion.;<br/>-Dispute between sellers and purchasers of financial paper regarding value and extent of credit debt exchanged;<br/>Allocation of limited insurance proceeds among two injured parties;<br/>- Serious personal injury claims arising out of gas explosion by six steel company employees alleging intentional tort;<br/>-Dispute between residents and cement company regarding permits and conditions for cement loading operation; <br/>-Dispute between umbrella rowing organization and member group regarding separation and asset allocation;<br/>-Wrongful death claim against police involving reasonable restraint and care in hospital emergency setting;<br/>-Attorney malpractice arising from failed immigration and work permit application; <br/>-Homeowners' and advocacy organizations' claims of racial red-lining in the sale of homeowners' insurance.<br/><br/>Major portion of mediation practice in employment involving discrimination, breach of contract, or whistleblower claims, including:<br/>-Race and ethnic origin claims by terminated employee against pharmaceutical sales company; <br/>- Two age discrimination claims by H.R. professionals at medical device manufacturer involving performance and reduction in force issues; <br/>-Former employee whistleblower claims against large utility company, raising state utilities regulation issues; <br/>-Disability discrimination claims by former employee with multiple sclerosis, resulting in payment and home refitting to accommodate disability; <br/>-Age and gender discrimination claims by commission saleswoman for real estate developer resulting in payment and transfer of land parcels; <br/>-Automobile customer service representative claims of sexual harassment and hostile work environment against former employer and supervisor; <br/>-Age discrimination and whistleblower claims by senior scientist against manufacturer of specialty flavors, resolved with structured settlement; <br/>-Numerous gender and sexual harassment claims by former and current employees of large investment brokerage, as mediator panelist for resolution of individual class action claimants against an investment brokerage firm, eventual work included evaluation of class-wide statistical evidence under special process at request of both counsel.

Employment cases have involved state and federal statutory age, gender, disability, race, ethnic origin and harassment claims, including hostile work environment, constructive discharge, notice defense issues and non-compete agreements.<br/><br/>Contract claims in construction and design related cases have involved delay damages, design and manufacturing defects, negligent supervision, and ambiguity in termination and damage limitation provisions. <br/>Personal injury claims have involved intentional tort and workers' compensation issues, as well as contributory negligence. Land use and real estate cases have involved zoning, environmental permitting, religious organizations and restrictions.<br/><br/>Partnership and corporate separation cases have involved issues of fiduciary duty, minority shareholder rights, interpretation of corporate buy-out provisions, access to corporate financial information, business valuation and non-competition agreements. <br/><br/>Real estate cases have involved claims of fraud, breach of fiduciary duty, and breach of contract by real estate agents and developers. <br/>Professional malpractice cases have involved attorney malpractice and accounting malpractice issues.

Each party to a mediation will have a decision problem: whether to settle for what is "on the table" by the end of the day, or not. If each comes to believe that is better than their alternatives, they will choose settlement (emotional needs having been met). Thus, the mediator's role may include working with participants to analyze the alternative - generally, the litigation path. Because providing direct mediator evaluation can diminish perceived neutrality, I view mediator evaluation as a very last resort. I will however walk participants through their analysis of the litigation's likely twists and turns. I sometimes introduce formal or informal decision analysis, preferably built upon participant assessments. When all else fails, and upon request, I will offer my neutral analysis for participants to consider. However, the bargaining process remains within the participants' control: I do not consider it ethical to push the bargaining to align with my assessment. <br/><br/>From the first contact with counsel in mediation, I seek to learn: Why couldn't settlement be achieved without a neutral? What are the barriers to resolution and how can I help the parties address and overcome them? So, my initial approach is active curiosity about the particular barriers to settlement: Enmity? Missed communication? Entirely different negotiation styles or assumptions? Particularly difficult personalities or emotional baggage that render efforts at rationality futile? Failure to gather, exchange and analyze information necessary to evaluate the case and the parties' alternatives? Or, good faith, widely divergent views of the likely court outcome, often due to blinders we often wear as involved parties and partisans? I view my first responsibility as "diagnosis" based upon initial conversations and then a recommendation as to how the process should be structured to overcome those barriers. For example, if I learn that parties are missing certain information, I will suggest it be exchanged in advance, enabling both sides to factor it into their preparation. In construction cases, absent hard information as to repair costs, I will ask for documentation or bids obtained. Where business solutions appear possible, I will recommend that parties do the internal groundwork needed to bring options to the table. <br/><br/>While I often favor an initial joint session intentional structured and moderated o provide information, perspective, or address emotion/psychological needs, I recognize that a joint session risks doing more harm than good. Thus, I respect counsel's and participants' preference to move directly into caucus without a substantive joint session. Caucusing enables private confidential discussion of the issues most important to the parties, as well as discussion of bargaining moves, and progress toward settlement. Fundamentally, the process should remain flexible enough to facilitate settlement decisions.

Zoom and other video conferencing technologies.<br/>TreeAge, SilverDecisions.pl, and other decision tree analysis software.

Princeton University (BA-1978); Harvard Law School (JD-1981).

Admitted to the Bar: Massachusetts (1981); Ohio (2022).

American Bar Association (Section on Dispute Resolution); American Council of Civil Trial Mediators; CPR Institute for Conflict Prevention and Resolution (Academic Member): Cincinnati and Ohio Bar Associations.

Books: <br/><br/>Risk and Rigor: A Lawyer’s Guide to Assessing Cases and Advising Clients, DRI Press, 2019.<br/><br/>Client Science: Advice for Lawyers on Counseling Clients through Bad News and Other Legal Realities, Oxford University Press, 2012.<br/><br/>Negotiating Outcomes: Pocket Mentor Series, Harvard Business School Press, 2007. <br/><br/>Published Teaching Materials:<br/><br/>Collection of Negotiation, Mediation, Arbitration, and Client Counseling Simulations, DRI Skills Lab of Mitchell-Hamline’s DRI Press, 2024. On-line at https://mitchellhamline.edu/dri-skills-lab/collections/marjorie-aaron/<br/><br/>“The Client Science Course,” a complete package of course materials (simulations, exercises, problem sets, and 100+ page instructors’ guide for teaching lawyer-client interviewing and counseling) at www.clientscience.com (2014). <br/><br/>Articles and DVDS: <br/><br/>“The Haunting Specter of Fiss’ Against Settlement,” in A. Hinshaw and A. Schneider, eds., Discussions in Dispute Resolution: The Foundational Articles (Oxford University Press, 2021).<br/><br/>“Reflections on Untethered Philosophy, Settlements, and Nondisclosure Agreements,” Alternatives, 38,8 (2020).<br/><br/>“Beyond Abstinence: Promoting Safe, Impartial, and Evaluative Acts” (co-authored with D. Golann) Dispute Resolution Magazine (Oct. 2019). <br/>Value Pharming - Targeted Negotiation Takes: Micro Strategies and Skills, Independent Immunities: A Multi-Issue Transactional Negotiation, and <br/><br/>Settle for More or Less II, three videos directed and produced with D. Golann, available at https://sites.suffolk.edu/adrvideo/ (2018).<br/>Mediation of a Multi-Party Dispute – Ceiling Collapse, video produced with Professor Golann, available at https://sites.suffolk.edu/adrvideo/ (2018). <br/><br/> Mediation of an International Business Dispute, video produced with D. Golann, available at https://sites.suffolk.edu/adrvideo/ (2016).<br/><br/>Dale Doran Employment Non-Compete Case, interviewing and counseling video, directed and produced with D. Golann, available at https://sites.suffolk.edu/adrvideo/ (2016). <br/><br/>“Shaking Decision Trees for Risks and Rewards” (co-authored with Wayne Brazil), Dispute Resolution Magazine (Fall 2015).<br/><br/>Hapless Harvest Interviewing and Counseling, a four-video series available at https://sites.suffolk.edu/adrvideo/ (2015).<br/><br/>“Do’s and Don’ts for Mediation Practice” Dispute Resolution Journal, 11,2 (Winter 2005) (selected for inclusion in “Best Articles” published by the ABA, in GP Solo, 23,2 (March 2006)).<br/>“Client Science: Advice for Lawyers on Initial Client Interviews” at https://clientsciencecourse.com/ (2013).<br/><br/> <br/>Select Speaking Engagements:<br/><br/>Decision Tree Analysis for Lawyers, Lawyer’s Club of Cincinnati, Cincinnati and Kentucky Bar Associations and Inns of Court (2015 - 2022).<br/><br/>The Lawyer’s Best Hard Challenge: Fully Informed, Wise, and Loyal Clients, University of Cincinnati College of Law, online (2020). (Public lecture <br/>in connection with the Schott Prize for Scholarly Contribution.) <br/><br/>Mediators Climb (Decision) Trees, ABA Section on Dispute Resolution Conference (2019).<br/><br/>Actors’ Imaginary Truths for Lawyers, UC Law Downtown Faculty Teach-In (2016). <br/><br/>Without a Joint Session: What’s your Plan B? with D. Golann and J. Folberg, ABA Section on Dispute Resolution Conference (2015).<br/><br/>Negotiating Anchors, Perception, Power, and Improvisation for Better Deals, UC Law Downtown Faculty Teach-in (2015). <br/><br/>Mediators’ Set-Up for Lawyers’ Work, ABA Section on Dispute Resolution Conference, with D. Golann (2014). <br/><br/>How to Share a Mediator’s Powers: The Advocate’s Perspective, ABA Section on Dispute Resolution Conference, with D. Golann (2013). <br/><br/>How to Counter “Spin” without Counter-Spinning: Ways to Deal with Aggressive Advocates and Ill-Counseled Clients, with D. Golann, ABA Section on Dispute Resolution Conference (2012).<br/><br/>Difficult Delivery: Bearing Bad News, Procter & Gamble Legal Department (Nov 2010; Sept. 2011).<br/>

Greater Cincinnati, OH area.

$400 Per Hour

English

United States of America

Cincinnati, OH