Curriculum Vitae

JOHN P. MADDEN
Curriculum Vitae

PROFESSIONAL STATUS:
john-madden-medium
Managing Director
Madden Mediation & Arbitration
Construction & Design Resolutions

299 Park Avenue
6th Floor
New York, NY 10171
USA T: 212.949.4646
F: 212.983.6008
M: 917.554.6879
Regus House
Harcourt Road
Dublin 2
Ireland T: 01.477.3312
F: 01.402.9590
M: 086.207.3789

Email JohnPMadden@cs.com
Website  www.MaddenMediation.com

Former Lecturer, Law Faculty, Trinity College, University of Dublin, Ireland;
Former Adjunct Professor of Law, Fordham University School of Law,
New York, New York, USA

Director, Madden Mediation & Arbitration (Ireland) Ltd., Dublin, Ireland
Partner, Canfield, Madden & Ruggiero, LLP, New York, USA.

Civil Engineer/Solicitor/Attorney/Neutral Adjudicator/Arbitrator Specializes in serving as Construction Arbitrator (since 1984), Construction Mediator (since 1992) and Dispute Board Member (since 2000) for technically complex high value domestic and international construction, design and engineering disputes. Former 30-year legal practice devoted exclusively to acting for construction industry clients. Such as construction employers, owners, contractors, subcontractors, developers, sureties, architects, engineers and material suppliers in arbitration, litigation and mediation/conciliation proceedings.

EDUCATION:

St. John’s University School of Law, New York, New York, USA
Juris Doctor, 1978

New York University, New York, New York, USA
Master of Science, Structural Engineering, 1969

Manhattan College, New York, New York, USA
Bachelor of Engineering, Civil Engineering, 1967

Trinity College, Cambridge University, Cambridge, UK
EC Trade Law, 1976

University of Warsaw, Warsaw, Poland
Comecon Trade Law, 1976 

POST-GRADUATE STUDY:

  • International Dispute Board Training: Chairing & Single Member DB Workshop, DRBF, Bucharest (2007)
  • International Dispute Board Training Workshop, DRBF/FIDIC,
    Bucharest (2007).
  • Advanced Mediator Training, MATA, Italy (2007).
  • “Train the Trainer”, DRBF, Chicago (2007).
  • Mediator Training, MATA, Birmingham (2004).
  • Engineers Ireland DAB Training and Assessment (4 days) (2004).
  • Harvard University School of Law – Mediator Skills Training Program (2002) (Prof. Frank E. Sander).
  • Centre for Effective Dispute Resolution (CEDR), London – Mediator Skills Training Program (2002).
  • Arbitrator, Annual Willem C. Vis Moot Arbitration, Vienna (2001 et seq.)
  • National College of Advocacy – Trial Advocacy (1982).
  • George Washington University – Environmental Engineering (1975).
  • Purdue University – Structural Engineering (1968).
  • University of Washington – Structural Engineering (1967).
  • University of Maine – Mechanical Engineering (1966).

DISPUTE BOARD CERTIFICATIONS:

  • FIDIC President’s List of Dispute Adjudicators (2009)
  • DRB Foundation President’s List of Dispute Board Members (2008)

DISPUTE BOARD TRAINING:

  • International Dispute Board Training; Dubai, U.A.E. (2013)
  • International Dispute Board Training: Chairing & Single Member DB Workshop, DRBF, Bucharest, Romania (2007)
  • International Dispute Board DRBF, Johannesburg, South Africa (2007)
  • International Dispute Board Training Workshop, DRBF/FIDIC, Bucharest, Romania (2007).
  • “Train the Trainer”, DRBF, Chicago, IL USA (2007)
  • International Dispute Resolution, DRBF, Cairo, Egypt (c. 2005)
  • Engineers Ireland DAB Training/Assessment Certified (4 days) (2004)
  • International Dispute Resolution, CIArb, Nairobi, Kenya (1994)

ARBITRATOR, MEDIATOR / CONCILIATOR AND DISPUTE BOARD EXPERIENCE:

  • Served as Arbitrator in more than 100 cases (including as ICC Chair).
  • Served as Project Neutral (incorporating arbitration & mediation/conciliation activities).
  • Served as Mediator, Conciliator, Dispute Board Member.
  • Domestic and International Construction Arbitration (Chair, Party-Appointed and Sole Arbitrator):
  • includes European governments as parties or related owners.
  • multi-party disputes
  • disputes ranging in excess of €200 million.
  • Domestic and International Construction Mediation/Conciliation (in US, Ireland and UK) (Sole Mediator/Conciliator):
  • multi-party disputes.
  • disputes ranging in excess of €500 million.
    • – governmental parties
  • Construction Disputes Handled:
  • Such as: motorways with railroad interface, water supply and discharge pipelines, pumping stations, water supply and sewage treatment plants with ancillary road work, medical facilities, underground train stations, co-generation power plants, bridges, tunnels, petrochemical plants, military/defense construction and systems, schools, residential (single family, high-rise), office towers, University facilities, swimming pool/health club construction, production studios, sulfuric acid plants, fire alarm systems, marine construction and ship building, pre-fabricated construction, structural engineering, design/build, EPC, engineering design, architectural design, shopping center and retail outlet construction, railroad construction, church construction, container transport, utility relocation, SOE, mechanical construction, garage construction and one fluidized bed incinerator.
  • Sample Projects:
    • 200km LPG Pipeline, Mexico (ICC Arbitration Chairman)
    • 100km Motorway, Afghanistan (Arbitrator)
    • Co-Generation Power Plant, Islamabad, Pakistan (Party-appointed Arbitrator)
    • Motorway 50, Dublin, Ireland (Sole DRB Member)
    • Subway Train Hub, New York City (DRB Member)
    • Major New Hospital, Belfast (Mediator)
    • Cork Airport Terminal, Ireland (Conciliator)
    • Solar Panel Construction (67 sites, USA) (Arbitrator)
    • Low-rise and High-rise Buildings (Conciliator or Mediator)
    • The “Big Dig”, Boston, MA, USA (Co-Mediator)
    • Jumbo Ferry Project, Puget Sound, Washington, USA (Sole Mediator)
    • JFK Airport Terminal, New York, USA (Mediator)

SPECIAL TUNNELING EXPERIENCE:

  • Engaged as “Facilitator” for dual tunnel-boring project in the Pacific Northwest. Problems with tunnel-boring and subsequent dispute brought project to a stop.  At the invitation of the Government and the Employer Contractor Consortium.  Facilitated week-long set of meetings with world renown TBM experts and parties to determine course of action to get the project moving forward and work resumed the following Monday (2009).
  • Dublin Port Tunnel, Ireland, served as Mediator (6km)
  • “Big Dig”, Boston, and other smaller tunnel projects (US and abroad); served as Mediator.

LAW QUALIFICATIONS:

  • Law Society of Ireland, Solicitor (2006).
  • Law Society of England and Wales, Solicitor (2003).
  • United States Supreme Court (1985).
  • United States Patent & Trademark Office (1978).
  • United States District Courts;
    •  –   Southern District of New York (1982).
    •  –   Eastern District of New York (1982).
    •  –   District of New Jersey (1982).
  • New York State Courts (1979).
  • New Jersey State Courts (1982).

ENGINEERING  EXPERIENCE:

1966 – 1975

Engaged as a civil engineer in the U.S. and Germany, primarily engaged in construction project management and claims evaluation for the U.S. Corps of Engineers; began as field inspector and junior engineer for consulting civil engineers; taught surveying to students and conducted construction cost research for U.S. Government.

CERTIFICATIONS:

  • FIDIC President’s List of Dispute Adjudicators (2009)
  • DRB Foundation President’s List of Dispute Board Members (2008).
  • Chartered Arbitrator, Chartered Institute of Arbitrators, London (2002).
  • Accredited Mediator, Chartered Institute of Arbitrators, London (2002).
  • Accredited Mediator, CEDR, London (2002).
  • Fellow, Chartered Institute of Arbitrators, London (2000).
  • Fellow, Center for International Legal Studies, Salzburg (1998).
  • Large Complex Case Panel, American Arbitration Association (1996).
  • International Arbitrator, American Arbitration Association (1993).
  • Construction Arbitrator, American Arbitration Association (1983).
  • Commercial Mediator, American Arbitration Association (1990).

LECTURER:   

  • American Bar Association Forum on Construction Law, Nashville, TN (2016)
  • American Bar Association Section of Dispute Resolution, “ADR in Bloom”, Washington, D.C. (2007).
  • American Bar Association Section of Dispute Resolution, “Goliath v. Goliath”, New York, NY (2007).
  • Chartered Institute of Arbitrators (Irish Branch) – Mediator Training (2005).
  • University College Dublin – Faculty of Law/Arbitration Course – Guest Lecturer (2004).
  • Law Society of Ireland – Mediation Techniques (2003).
  • The Bar Council of Ireland – Mediation Techniques (2003).
  • American Arbitration Association (1988 – 1995).
  • Basic and Advanced Commercial and Construction Arbitrator Training.
  • Case Administrator Training.
  • Arbitration Day Seminars.
  • John’s University School of Law – CLE
  • Arbitration and Mediation Procedure (1996 – 2007).
  • Center for International Legal Studies – Salzburg, Austria (1998, 2000).
  • Various Construction, Engineering and Legal Associations and Societies (1988 – 2005).

PROFESSIONAL ASSOCIATIONS (Present or Past Associations):

  • Dispute Resolution Board Foundation.
  • Institution of Engineers of Ireland.
  • Law Society of Ireland, Member, Arbitration and Mediation Panels
  • Law Society of England and Wales
  • International Bar Association;
  • Mediation Committee.
    • International Construction Projects Committee (former Vice Chair, Dispute Resolution Committee).
  • American Bar Association;
    • Section of Dispute Resolution (former Co-Chair, Construction Committee).
    • Section on Public Contract Law.
  • Forum Committee on Construction Industry.
  • Society of Construction Law (UK).
  • Technology and Construction Solicitors Association (TeCSA).
  • Chartered Institute of Arbitrators (Irish Branch).
  • Swiss Arbitration Association.
  • International Centre for Alternative Dispute Resolution (India).
  • New York State Bar Association.
  • New Jersey State Bar Association.
  • Who’s Who in America – 51st Edition, 1996, et al.

PUBLICATIONS:

Madden and Spiecker, Are Construction Arbitrators and Jurors Really that Different? Proceedings of the American Bar Association, Forum on Construction Law, Annual Meeting (2016)

Madden, Stay Granted by UK Court – DAB Proceeds Despite Dispute Adjudication Agreement Incomplete and Not Signed, DRBF FORUM, VOL. 18 Issue 4, Dispute Resolution Board Foundation (Dec. 2014/Jan. 2015)

Madden, Construction Adjudication on the Rise Globally for Payment Disputes, AMERICAN BAR ASSOCIATION SECTION OF CONTRUCTION LITIGATION (May 2014)

Carbonneau & McConnaughay (General Editors), Handbook on Construction Arbitration & ADR (Contributor), American Arbitration Association (2007)

Madden, To Tech or Not to Tech in Selecting a Construction Third-Party Neutral, Arbitration Journal of the Chartered Institute of Arbitrators, VOL. 71, NO. 4 (Nov 2005)

Newmark and Monaghan (General Editors), Butterworth’s Mediators on Mediation, Leading Mediator Perspectives on the Practice of Commercial Mediation (Commentary Contributor), (Sep 2005)

Madden, Construction Recipe for Success in Mediation,
CONSTRUCTION, Construction Industry Federation (Sep, Oct, Nov, Dec 2003)

Madden, Recipe for Success in Construction Mediation,
AAA dispute resolution journal (May-July 2001)

Madden, Why Mediate…And How: The Recipe for Success,
INTERNATIONAL CONSTRUCTION LAW (Salzburg Conference Series 2000)

Madden, Leading Edge Techniques for Managing International Construction Arbitration Hearings, INTERNATIONAL CONSTRUCTION LAW (Salzburg Conference Series 1998).

Madden, Mediation Ends Complex Construction Dispute,
18 The Punch List 2 (1995).

Harris, Sink and Wulff (Editors), ADR, A Practical Guide
To Resolve Construction Disputes, Madden, Chapter 12, How to Win at Arbitration (1994).

Madden, How to Present Witness Evidence in an Arbitration-American Style,
3 Swiss Arbitration Association Bulletin, at 438 (1993).

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