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Real Estate & Construction Mediation

MWI provides real estate and construction mediation services for private and court-referred cases from the Massachusetts Land Court. MWI has the distinction of being an approved provider by the Chief Justice of the Massachusetts Land Court Department to provide ADR services.


Select Mediators (click on photo for bio)

  • Joel Reck
    Joel Reck
  • Rosemary Macero
    Rosemary Macero
  • Howard Gorney
    Howard Gorney
  • John Wofford
    John Wofford
Joel Reck

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Arbitrating and Mediating Land Use, Real Estate, and Construction Cases
617-895-4028 | Case Manager: Josh Hoch

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Dispute Resolution Experience

Joel M. Reck is an arbitrator and mediator with MWI and is a retired partner from Brown Rudnick LLP and is the former Chair of its Real Estate Department. His practice consisted of structuring, managing and closing sophisticated commercial real estate transactions throughout the United States. Currently, Mr. Reck conducts a varied mediation and arbitration practice, principally involving real estate and commercial disputes, but also involving personal injury and professional malpractice matters. He also serves as an expert witness in cases involving transactional practice standards and real estate legal issues.


Focus Areas

Joel has several years of varied arbitration and mediation experience including:

  • Real estate and commercial disputes
  • Condominium disputes between condominium associations and original developers and between condominium associations and developers of adjacent properties
  • Control and ownership disputes among several owners of contiguous parcels comprising an integrated shopping center
  • Disputes among family members regarding financial and control issues with family owned property
  • Workout and foreclosure disputes
  • Abutter disputes regarding property lines, easements and use.

Honors, Memberships, and Professional Activities

  • Listed in The Best Lawyers in America in the specialties of Alternative Dispute Resolution and Real Estate Law
  • Listed as one of the “Nation’s Top 10 Real Estate Lawyers” published by the United States Lawyer Rankings guide
  • Named as a leading individual in real estate law in Massachusetts by Chambers USA: America’s Leading Lawyers for Business
  • Served as Chair of the Real Estate Section and as President of the Boston Bar Association and of the Boston Bar Foundation
  • Served on the governing boards of the Massachusetts Bar Association, the Real Estate Bar Association, the American Bar Association and Massachusetts Continuing Legal Education
  • Member of the American College of Real Estate Lawyers and its Leasing Committee
  • Served as Chair of the Boston Harbor Island Alliance and former chair and board member of many other non-profit organizations
  • Recipient of the Richard B. Johnson Award, the Real Estate Bar Association’s highest award
  • Appointed by Governor Deval Patrick to the Massachusetts Foreclosure Impacts Task Force

Lectures and ADR Trainings Conducted

  • Adjunct Professor at Boston College Law School
  • Massachusetts Continuing Legal Education faculty member for real estate and mediation

Background and Education

  • J.D., Harvard University Law School
  • B.A., Bowdoin College

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Rosemary Macero

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Arbitrating & Mediating Land Use and Construction Cases
617-895-4028 | Case Manager: Josh Hoch

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Dispute Resolution Experience

Rosemary Macero is an Arbitrator and Mediator on MWI’s Real Estate and Construction Panel. Ms. Macero’s 34 years of legal experience have provided her with the foundation to adequately mediate and arbitrate cases that include land use, construction, and real estate matters. She currently is an arbitrator for the Better Business Bureau and volunteers as a mediator for MWI and the Lowell District Court.

Ms. Macero is licensed to practice law in Massachusetts, New York, New Hampshire, Vermont and Rhode Island. She has been published three times in Condo Media Magazine and is a member of the American Bar Association as well as the Massachusetts Bar Association. She is a former adjunct faculty member at four Massachusetts institutions and speaks fluent Spanish.


Focus Areas

  • Mediation and arbitration services related to:
    • General contractors
    • Design professionals
    • Specialty subcontractors
    • Construction safety regulations
    • Commercial finance and commercial real estate, corporate governance, the formation of business entities and general corporate law

Honors, Memberships, and Professional Activities

  • United States Bankruptcy Court Mediation list
  • Arbitrator with the Better Business Bureau
  • Former Special Assistant Attorney General charged with enforcing wage, labor and construction safety regulations
  • Frequent lecturer for Massachusetts Continuing Legal Education Inc
  • Member of Civil Litigation Council of Massachusetts Bar Association
  • Moderator – Massachusetts Bar Association Continuing Legal Education Program – Audio Visual Depositions
  • Adjunct Faculty Business Law Southern New Hampshire University and Cambridge College
  • Former Adjunct Faculty, Emmanuel College, Wentworth Institute of Technology, Bentley University, Middlesex Community College and Sanford Brown/formerly Gibbs College

Lectures and Publications

  • Condo Media Magazine
    • Employer Beware: Do You Have Insurance Coverage for Employment Claims, Introduction of Insurance Law, Understanding the ABC’s
    • Evaluation of Damages, The Defense Perspective, Massachusetts Continuing Legal Education, Personal Injury Basics
    • Junk Science: Truth or Witchcraft, Morrison, Mahoney and Miller, Seminar Article

Background and Education

  • B.A., Tufts University, 1981
  • J.D., Case Western Reserve University School of Law
  • Adjunct Professor of Business Law, Southern New Hampshire University, Manchester New Hampshire, 2015-present
  • Adjunct Professor of Business Law, Cambridge College, Cambridge, Massachusetts, 2012-present
  • Adjunct Professor of Business and Sports Law, Emmanuel College, Boston, Massachusetts, 2010-2015
  • Adjunct Professor of Business Law, Bay Path College, Longmeadow, Massachusetts, 2011
  • Adjunct Professor of Legal Specialties and Business Law, Gibbs College, Boston, Massachusetts, 2009-2010
  • Adjunct Professor of Paralegal Studies, Bentley University, Waltham, Massachusetts, 1996-2003

 

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Howard Gorney

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Mediating & Arbitrating Land Use, Real Estate, and Construction Cases
617-895-4028 | Case Manager: Josh Hoch

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Dispute Resolution Experience

Howard Gorney combines over forty years as a commercial attorney with his mediation and arbitration skills to assist parties in reaching resolution of land use and construction disputes. He has mediated over 150 commercial matters since becoming a mediator in 2006. In addition, Mr.Gorney’s mediation and arbitration experience ranges from resolution of complex business issues to matters involving construction, general real estate disputes, franchise and bankruptcy in amounts extending into multi-millions of dollars. He has served on the MWI mediation and arbitration panels for the resolution of franchise contract disputes, including several for General Motors LLC and BMW of North America. Mr. Gorney has arbitrated over 40 construction cases for the Commonwealth of Massachusetts and presently serves as an arbitrator for FINRA, the regulatory arm of the financial services industry pertaining to allegations of broker misconduct. Drawing upon his vast experience as a commercial and bankruptcy attorney, he also mediates cases involving complex Chapter 11 cases in both the New York and Delaware bankruptcy courts, as well as the recently-formed mediation program in the Massachusetts bankruptcy court, which Mr. Gorney helped to formulate. A lecturer and author of many articles on bankruptcy, commercial law and franchising, Mr. Gorney received a Bachelor’s Degree from the U. of Vermont, a Master’s Degree from U. of Pennsylvania and a J.D. from Suffolk U. Law School, MA. He is admitted to the Bar in Massachusetts; U.S. District Court (District of MA); United States Court of Appeals, First Circuit, and The United States Supreme Court.


Focus Areas

  • Mediator, General Motors Dealer/Factory Disputes involving, among other issues SFE, bonus disputes, sale for resale and franchise termination.
  • Arbitrator, Construction Disputes, Commonwealth of Massachusetts, Office of Consumer Affairs and Business Regulation. Disputes include allegations of faulty construction, change orders and overcharges.
  • Arbitrator, FINRA (formerly known as NASD), disputes include allegations of broker misconduct, churning of accounts and unauthorized investment.

Honors, Memberships, and Professional Activities

  • Law Firm of Nixon Peabody LLP, Boston, MA 1988‐2006
  • Partner 1988‐2004
  • Senior Counsel 2003‐2006
  • Chairman of Commercial Law Dept. 1996‐1998
  • Chairman and Member of Executive Committee 1992‐1999
  • Executive Director, Home Builders Assoc. of Greater Lowell, Lowell, MA 1974‐1976

Background and Education

  • Member, Mediation Panels: U. S. Bankruptcy Court, Southern District of NY,
  • Panel Arbitrator, Mass. Office of Consumer Affairs and Business Regulation
  • Suffolk University, Boston, MA, Juris Doctor 1974
  • University of Pennsylvania, Philadelphia, PA, Master of Arts 1965
  • University of Vermont, Burlington, VT, Bachelor of Arts 1964

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John Wofford

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Mediating & Arbitrating Franchise, Land Use, Real Estate, and Construction Cases
617-895-4028 | Case Manager: Josh Hoch

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Dispute Resolution Experience

Jack Wofford, a long-time member of MWI’s mediation and arbitration panels, has broad experience in arbitration, mediation, facilitation, consensus-building and other forms of dispute resolution in a wide range of areas, including commercial, employment, environment, family-owned and other closely held business, insurance, organizations, personal injury, public policy, and complex development, real estate, construction and transportation projects. In 1999, President Clinton appointed Jack to a seat on the Federal Service Impasses Panel, which resolves disputes in negotiations between the Federal Government and its unionized employees.

His experience as a mediator in construction and real estate matters includes disputes among landlords and tenants, co-tenants, owners, developers, lenders, partners, contractors, architects and engineers, subcontractors, condominium associations, government agencies and insurance carriers, including professional, title and liability insurers and bonding companies. Issues have included renovations and new construction, from single-family homes (condominiums and detached) to subdivisions, shopping centers, multi-family, office, university and major public infrastructure construction projects.

A lawyer, Jack has done solely neutral work since 1987. In the 1970’s, Jack served in both state and federal government in transportation positions, including director of long-range transportation planning for the Boston area, Associate Commissioner of the Massachusetts Department of Public works, and Deputy General Counsel of the US Department of Transportation. As an attorney in the real estate area (until 1986), Jack represented a variety of perspectives, including developers, builders, owners, partners, landlords, tenants, architects, lenders, and public funding sources. He has drafted and negotiated the full range of documents, including development agreements, loan documents, leases, ground leases, eminent domain findings, construction and management contracts. Projects included: renovation of Commonwealth Pier into Boston’s World Trade Center (for Massachusetts Port Authority); redevelopment of the East Cambridge riverfront (for City of Cambridge); development of research and office space on 24-acre site (for MIT); affordable housing project at Copley Square, Boston (for neighborhood corporation); redevelopment of historic mill in Vermont into market rate residential and commercial space (for private developer).


Focus Areas

Sample projects handled by Jack as mediator and arbitrator of disputes in the construction and real estate area include:

  • Disputes between owners and contractors over renovations (residential, commercial)
  • Lease between national drug chain and major shopping center owner
  • Disputes between general contractor and major subs – in construction of residential subdivision and in construction of New York Subway system
  • Construction of student center for public university
  • Dispute among insurers over contamination of Woburn/WR Grace Superfund site
  • Liability of surveyor’s professional liability insurance company for damages from errors in layout of major planned residential subdivision
  • Special Master of dispute between contractor and two Massachusetts towns over construction of waste-water treatment facility
  • Allocation of financial responsibility for clean-up of Superfund site from industrial contamination of town water supply involving municipality and four alleged polluters
  • Facilitation of advisory committee overseeing clean-up of Massachusetts Military Reservation Superfund site from multiple contaminated plumes affecting four towns
  • Mediation of disputes over highway plans in CT, NH, NJ, MA
  • Facilitation of 42-person advisory committee charged with recommending improvements in proposed bridge over Charles River as part of Boston’s Big Dig project, leading to widely-praised Zakim-Bunker Hill Bridge

Honors, Memberships, and Professional Activities

  • Member of the Bars of Massachusetts, New York, and District of Columbia (DC inactive)
  • Former Member, Federal Service Impasses Panel (1999-2002 – Presidential appointment)
  • Member, Association of Conflict Resolution (International and New England)
  • Author of numerous articles on conflict management and consensus building
  • Recipient of “Spirit of Mediation” award from community mediation program for his 16 years service on its board of directors and his 40 years of consensus-building (2010)
  • Recipient of “History Makers Award: Innovations in Historic City-Building” for civic participation in resolution of major transportation controversies (2004)
  • Roster of Facilitators of the US Institute for Environmental Conflict Resolution
  • Former Co-Chair, Boston Bar Association Committee on Alternative Dispute Resolution, Section of Labor & Employment Law (1997-99)

Lectures and ADR Trainings Conducted

Jack has conducted trainings in conflict management, consensus building, mediation and negotiation for the Dispute Resolution Section of the American Bar Association, US Department of Justice, Massachusetts Office of Dispute Resolution, New England chapter of the Association for Conflict Resolution, Boston and Massachusetts Bar Associations, Family Firm Institute, and a number of corporations, universities and groups.


Background and Education

  • LLB, Harvard Law School (1962)
  • BA, MA, Oxford University (1959) (Rhodes Scholar)
  • BA cum laude, Harvard College (1957)
  • Former Member, Federal Service Impasses Panel (Presidential appointment) (1999-2002)
  • Senior Consultant and Mediator, Endispute, Inc., Boston, MA (1987-93), conducting wide range of mediations and consulting to corporations and government agencies on cost-effective legal management
  • Real Estate Department, Csaplar & Bok, Boston, MA (associate 1979-81; partner 81-86)
  • Deputy General Counsel, US Department of Transportation, Washington, DC (1977-79)
  • Director, Central Transportation Planning Staff, Boston, MA (1974-77)
  • Associate Commissioner, Massachusetts Department of Public Works (1972-74)
  • Director, Boston Transportation Planning Review (1971-73)
  • Associate Director and Fellow, Institute of Politics, Harvard Kennedy School (1966-69)
  • Project Director and Research Associate, Harvard Law School (1966-70)
  • Staff Assistant, Community Action Program, US Office of Economic Opportunity (1964-66)
  • Law Clerk, US District Judge for the District of Columbia, Washington, DC (1962-64)

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Massachusetts Land Court Mediation

MWI’s experienced mediators are available to assist you in resolving real estate and construction cases. While many cases are referred from the Massachusetts Land Court, MWI also provides services and receives referrals from attorneys, architects, and those involved with construction projects with multiple parties and stakeholders. Additionally, MWI offers a free Screening Conference where people come to MWI to learn more about participating in real estate mediation.


Types of Disputes

MWI provides experienced and effective mediators with expertise in: Real Estate, Breach of Contract, Adverse Possession, Disruption/Impact, Equitable Adjustment, Boundaries, Constructive Acceleration, Delay, Homeowner / Contractor, Condo Associations, Environmental Disputes, Easements, Titles, Zoning Variances, Jointly Owned Property, Design and Construction, Petition for Partitions, and more.


For More Information

Contact Josh Hoch at jhoch@mwi.org or 617-895-4028 for a no-fee consultation to learn more about MWI’s Real Estate & Construction Mediation Services.