Stan Moore began his private practice in a medium size law firm specializing in civil litigation, with a strong specialty practice in Construction, Bonding, Banking, and Insurance. An “AV” peer-rated lawyer, he mentored under the tutelage of regionally and nationally known senior lawyers in his firm. Many of them later became State Trial and Appellate Judges and Federal Judges. That relationship lasted 30 years until Stan’s retirement from the active practice of law. As he experienced more in the area of Construction matters, it became apparent to him that there are three basic phases of virtually every Construction project:
No matter how well the parties executed phases #1 and 2, it was “The Lawsuit” that determined whether on not there was a profit, and whether on not the project was a success in the eyes of any party to the matter. The Lawsuit often spanned 3-5 years, and some lasted decades before resolution. It was hard to find happy clients, even after a victory (at times after bankruptcy).
As a trial lawyer Stan found it difficult to successfully urge clients to seek settlement of disputes until reaching the courthouse, as they were so emotionally-steeped in the litigation-at-all-cost mode of intent by the time they came to the lawyer. However, in about 1987, after having attended an extensive course at the Corporate Dispute Resolution Institute at UCLA with some client representatives of Kaiser Aluminum, and upon his immersion into mediation theory and practice in Idaho, Stan’s view of the dispute resolution model began to change. At first, he found it difficult to balance his litigation zeal and drive to solve people’s problems for them, with his newly developing ideas about simply assisting, but allowing people in conflict to solve their own problems. While it felt instinctively right, Stan’s previous legal education and litigation experiences were engaged in an internal conflict with his desire to trust people with working their own way out of their disputes. These internal conflicts have at long last subsided, as it has become abundantly clear that as long as people can be channeled into meaningful communication with disputing parties in any project or relationship, they alone have the knowledge it takes to achieve their best settlement outcome. No Judge, Jury, or Arbitrator can ever resolve a dispute as successfully as the parties can themselves.
However, parties in a dispute are often unable to stay focused on resolving the problem or to face one another in order to effectively and creatively communicate at all, much less to resolve the dispute. The mediator, who trusts them and who believes in the power of parties to achieve settlement, can do great service. By creating a safe and mutually satisfying environment and a process which promotes meaningful communication for the parties, the mediator can save great time and expense, and can allow the parties to achieve their best possible outcome.
Stan’s 36 plus years of experience has proven to him that virtually all construction disputes can be resolved by the parties themselves; and the earlier the process is begun the more satisfying the outcome. Onsite mediation, begun as soon as parties become aware of their difficulties in communicating with each other, can pave the way for adjusting the project as it progresses toward a successful completion without “The Lawsuit”. What a concept.
Actual and Practical Experience
Stan has successfully designed and supervised all aspects of several personal residential remodel projects between 1975 to the present. Recently he has served as construction liaison and onsite mediator in a new residential construction project at the mutual request of the owners and general contractor.
More than 30 years as a civil litigation attorney in the states of Washington and Idaho and Principal, Winston and Cashatt, Attorneys. Assistant Attorney General State of Washington. Jury and bench trials representing plaintiffs and defendants, including construction architectural and engineering defect, insurance and liability, including eminent domain, real estate, Insurance, on the job injuries, psychological injury, industrial disease, worker compensation, easements including those governed by FERC, performance bonds, purchase and sale, vendor rights, consumer rights, security instruments, product warranty, lender rights, lien foreclosures, water and well rights, indemnity, and zoning issues.
Practice in both State and Federal Appellate Courts, and before Administrative Agencies. Represented both Plaintiffs and Defendants in arbitrations and mediations.
Clients include individuals, business entities, vendors, sub-contractors, general contractors, owners, and insurance companies.
REPRESENTATIVE CASES HANDLED AS A MEDIATOR:
Stan has professionally mediated claims from several thousand to multi-million dollars in Washington and Idaho since 1987. Practice has been exclusively focused on Mediation and Arbitration since 2000.
Industrial/Commercial/Residential: leaking roofs, defective foundations, architectural malpractice, construction delays, wrongful termination, critical path analysis, defective construction, landscape construction, on site injury, additional work, failure to complete, construction defect, design defect, and fire causation and loss.
Partnership Dissolutions and Successions; Family and Closely held businesses trusts, estates, and Corporations.
Real estate: water rights, well damage, easements, and property line disputes. Employer, employee disputes,.
REPRESENTATIVE CASES HANDLED AS AN ARBITRATOR:
As a professional arbitrator since 1985, Stan has conducted numerous private arbitrations of commercial and residential construction disputes. Issues included, wrongful termination, overcharges, defective plans and specifications, poor quality work, defective products, and insurance coverage.
ALTERNATIVE DISPUTE RESOLUTION TRAINING:
Corporate Dispute Resolution Institute 1985; Arbitrator Training Spokane County Superior Court 1985; Basic Mediation Training University of Washington Law School 1987; Advanced Mediator Training Strauss Institute of Pepperdine University Law School 1998; National Arbitration Forum Arbitrator Training 1999, Stan has received basic and advanced Mediation training and has taught mediation courses to lawyers, mediators and law students since 1985 to present, totaling over 400 hours.