Michael Fortney

Mike Fortney is the founding partner of Fortney Law Group LLC, an AV rated law firm concentrating in construction law, ADR and employment law.  Fortney Law Group provides sophisticated construction law, business and employment law representation.  Mike has been AV rated by Martindale Hubbel since 1994, "a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence."  www.martindale.com/ratings.

Professional Background

Mike graduated from the Cleveland-Marshall College of Law in 1985, summa cum laude. Mike practiced with Squire, Sanders & Dempsey from 1985 until 1988, practiced with Millisor & Nobil until forming Fortney & Klingshirn in 1993 and Fortney Law Group in 2016.  As an attorney, Mike maintains areas of expertise in construction disputes and labor and employment disputes. He has successfully litigated and served as an arbitrator and mediator in cases involving construction disputes, commercial business disputes, and employment disputes.

Mike's experience with construction disputes includes the representation of owners, general contractors and subcontractors and serving as a neutral in disputes involving competitive bidding, contract formation, unforeseen 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.

Mike's employment and labor law experience includes representation of parties or service as a neutral 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.

ADR Experience

Mike has extensive experience in alternate dispute resolution.  He is a member of the ADR Federal Court Panel for the Northern District of Ohio (1996 to present); a member of the panel of arbitrators for the American Arbitration Association, serving as an employment (1996 to present) and construction and commercial arbitrator (1995 to present); and a member of the panel of arbitrators for FINRA (2000 to present).  Mike has been an arbitrator and mediator for many employment, construction and business disputes and has been an advocate in numerous ADR proceedings, and has served as Arbitration Panel Chair for several large and complex cases.

Mediation Approach

Mediation is an opportunity for the parties to resolve the dispute. Arbitration and court litigation allows someone without a real interest in the dispute -- the arbitrator, the jury, the judge -- to decide the dispute. The parties are much better suited to devise a resolution that works for both parties, and are free to be more fexible than a court or arbitrator. The mediator's role in the mediation is to understand the dispute and the position of the parties, find the common ground of the parties (even though that common ground may not be visible by the parties), assist the parties in seeing the merit to the opponent's claims or defenses, assist the parties in seeing the problems with its claims or defenses, tirelessly facilitate settlement discussions, and explore alternative means of resolving the dispute. I expect the parties to prepare thoroughly for the mediation, attend the mediation with the appropriate representatives with authority to settle the matter, attend the mediation with the intention of resolving the matter, act with civility and respect to all in attendance, and to be open minded and to negotiate in good faith.

Fees

$300/hour

4040 Embassy Parkway, Suite 250

Akron, OH. 44333

Phone:  330-665-5445

Fax:      330-665-5446

Email:  [email protected]