John “Jay” McCauley, Esq.

Biography

Jay McCauley is a dedicated and experienced full-time Mediator and Arbitrator specializing in complex and multi-party business and employment disputes.   He was educated at Harvard Law and has over 15 years experience as a trial and appellate advocate.  Mr. McCauley has also earned the respect of his peers, as is evident by his AV Peer Review Rating, which signifies both his high ethical standards and professional ability.

Mr. McCauley has earned a reputation for coming to each assignment well prepared, and for applying the resourcefulness, persistence and integrity needed to be effective. Mr. McCauley is a "quick study," who uses his broad legal background and analytic abilities to find simplicity and organization in complicated disputes. He has resolved hundreds of matters throughout his career, including multiple matters ranging in value from $10 million to $1 billion. Mr. McCauley is committed to finding/creating solutions to challenging cases that may at first appear to have no means of resolution.

Mr. McCauley has written and spoken extensively on the topic of Alternative Dispute Resolution, with an emphasis on effective advocacy in an arbitral forum. He taught two semesters of the Arbitration Law Course as an adjunct professor at Pepperdine Law School in Malibu, CA. A recent example of Mr. McCauley’s commentary on developments in the field of arbitration law is a blog posting entitled California Supremes Open Door Closed by U.S. Supremes, which can be found at ipadrblog.com, for which Mr. McCauley is a contributing author.

He earned his B.A. from the University of California, Irvine (1971), his M.A. from the University of Pennsylvania (1974) and holds a J.D. from Harvard Law School, where he graduated Cum Laude in 1980.

Primary Areas of Focus

Employment

Discrimination, Sexual Harassment, Wrongful Termination and Wage & Hour, including class actions

Commercial

Franchise, Contracts, Partnership Disputes, Minority Shareholder Disputes, Real Property and Business Valuations, Fraud, Lender Liability

Insurance Coverage Claims

CGL, Medical and Title policies

Intellectual Property

Trademark, Copyright, Licensing and Patent Infringement

Professional Malpractice

Legal and Brokerage Professions

Real Estate

Purchase& Sale Agreements, Restrictive Covenants, Easement, Adverse Possession, Entitlement, Development Agreements, Foreclosure and Financing

Securities

Securities Fraud, including Class Actions and broker/dealer disputes

Wills, Trusts & Estates

Trustee and Executor Liability, Trust and Will interpretation

Partnership and Close Corporation Disputes

Minority Shareholder Squeeze Out and Partner Disassociation

Fees

The fee for a day of mediation is $5,500. A full day consists of nine hours; one hour allocated to preparation time and eight hours of running time on the day of the mediation. Additional time on the day of the mediation will be billed to the parties at the rate of $600 per hour. Jay is generally available for additional time on the day of the mediation. Jay does not charge for travel time or expenses for full day mediations scheduled within the Continental United States.

The fee for a half day of mediation is $4,000. A half day consists of five hours; one hour allocated to preparation time and four hours (e.g., 8:30 a.m. - 12:30 p.m.) on the day of the mediation. Jay is generally not available for additional time on the day of the mediation on half day cases.

On all cases, there is generally no charge for routine preparatory or follow up telephone calls, and there is never a charge for telephone calls or other additional services without the prior consent of the parties.

Fees must be deposited in advance and will not be refunded if the mediation is cancelled or taken off calendar within 14 days of the scheduled date.

There will be an additional charge for PMA's administrative fee.