Resume of Michael L. Fortney,
Arbitrator and Mediator

4040 Embassy Parkway, Suite 280
Akron, Ohio 44333
telephone 330-665-5445
fax 665-5446
email fortney@fklaborlaw.com

Arbitrator and mediator for commercial, construction,
and employment disputes, located in Northeast Ohio

Profession 

Commercial, Construction and Employment Arbitrator;
Attorney, Fortney & Klingshirn

Work History

Private arbitrator and mediator, 1995-present;
Attorney, Fortney & Klingshirn, 1993-present; 
Millisor & Nobil, 1988-92; Squire, Sanders & Dempsey, 1985-88.

Legal Experience

As an attorney, maintains areas of expertise in construction law, employment and labor law, litigation, and ADR. Has successfully litigated and served as an arbitrator in cases involving construction disputes, commercial business disputes, and employment disputes, ranging from several thousand to several millions of dollars in damages.

Construction experience includes the representation of owners, general contractors and subcontractors and serving as an arbitrator in disputes involving competitive bidding disputes, contract formation, unforseen and differing site conditions, scope of work disputes, changed or extra work disputes, quality of work issues, timeliness of completion, delay, acceleration, liquidated damage claims, completion of work, mechanic’s lien claims, and non-payment issues.

Employment experience includes representation of parties or service as an arbitrator in disputes under age discrimination, race discrimination, sex harassment, disability discrimination, cases brought under state civil rights statutes, Title VII of the Civil Rights Act, the ADEA, the ADA, the NLRA, cases alleging wrongful discharge, cases seeking the enforcement of non-competition agreements, small business ownership issues, and disputes between shareholders in closely held corporations.

Frequent lecturer on issues relating to employment law, construction law, and arbitration.

A.D.R. Experience

Extensive experience in alternate dispute resolution. Member of the ADR Federal Court Panel for the Northern District of Ohio (1996 to present); Member of the panel of arbitrators for the American Arbitration Association, serving as an employment (1996 to present) and construction arbitrator (1995 to present), and serves on and current Chair of the Construction Advisory Council of the AAA. NADS Arbitrator (2000 to present).  Has been an arbitrator and mediator for many employment and construction disputes and has been an advocate in numerous ADR proceedings involving construction and employment disputes.  Experience as Panel Chair on three arbitrator panels for complex cases.

A.D.R. Training 

AAA Introductory Arbitrator Training Workshop, Cleveland, 11/95
AAA Fast Track Orientation, Cleveland, 3/96
Federal Court Initial Panel Training, 6/96
AAA Fast Track Training, Cleveland, 7/96
Federal Court ADR Panel Refresher Training, 9/96
AAA Employment Arbitrator Training, Cleveland, 5/98
Federal Court ADR Panel Refresher Training, 10/98
Advanced Training for Federal Court Mediation Panelists, 10/99
AAA Commercial Arbitrator Training, 8/2000

Licenses

Admitted to the Bar: Ohio, 1986; U.S. Court of Appeals, Sixth and Federal Circuits, 1986

Education

University of Tennessee (BS-1979); Cleveland-Marshall College of Law, Cleveland State University (JD, summa cum laude-1985).

Compensation 

Fast track cases: $750 per case. Regular track and complex track cases: hourly rate of $185 for all time spent on matter, including time for preliminary conferences and motions, preliminary hearings, hearings, study time and preparation of award. Travel time during business day charged at hourly rate. Travel time outside of business day charged at ½ hourly rate.

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