Our approach

ADR experience in high stakes disputes.. Complex commercial litigation increasingly includes alternative resolution methods, such as mediation. In many industries ADR is no longer the exception but rather the rule. Kamminga Mediation offers neutral assistance in resolving civil disputes and has handled high-stake, multi-million and billion dollar cases, brokering swift resolution for both public and private parties around the world. Many of them are global organizations with strong cross-border ties.

Tailor-made processes. We are committed to bringing matters to conclusion in a fast, satisfactory and cost-efficient manner. We work with all parties to design flexible, individualized ADR approaches.

Our clients value our unique experience in U.S. and European contract and insurance law, the in-depth knowledge of the sectors in which we provide dispute resolution services, and our discretion in handling highly sensitive civil matters in both jurisdictions. Dr. Peter Kamminga has helped hundreds of public and private organizations resolve litigation and arbitration of matters often involving parties from different countries.

We resolve disputes domestically and across borders. The unique profile and experience of Dr. Kamminga allows for it. It is the combination of his legal training in both Europe and the United States, growing up, studying and working in Europe as well as studying law, working and living in the U.S., and third, having been fortunate enough to work on some of the most complex civil matters with some of the most sophisticated parties and counsel in the world alongside Judge Daniel Weinstein (Ret.) for many years. This has resulted in an in-depth understanding of the business and legal reality of parties on both sides of the Atlantic and an appreciation for and understanding of the complexity of the legal and practical issues at hand.

We specialize in four sectors. Unlike many mediation firms we specialize. Our focus lies with a select number of focus areas, financial services, energy, construction and class actions, where we have honed our skills and have built and continue to build knowledge and a solid track-record. Our industry expertise is a key facilitator of our success, as we believe it is a benefit to our clients to have a mediator with in-depth expertise of their world - it helps to bring a matter to resolution speedily and effectively. Dr. Kamminga has been involved in some of the most groundbreaking standard setting matters in these focus areas, which gives us an edge. Our clients - both Plaintiffs and Defendants - reap the benefit of Kamminga’s extensive exposure to the multifariousness and unique culture of the sectors in which we are active.

We work in the US, EU and around the world. Depending on the parties locations and preferences we mediate these matters in Europe, in the US or anywhere around the world. We are often making use of the latest professional video connections to accommodate parties in different locations not able to join the mediation sessions.

 
 

Cross border and sector specific

We help resolve matters around the globe and within the following focus areas. Many of our matters involve cross border aspects, are transatlantic in nature, or involve parties from different jurisdictions.

FINANCIAL SERVICES| Banking, Insurance, Bankruptcies, Financial fraud

Types of matters: Financial services litigation in the banking and insurance sector, securities class actions and anti-trust, D&O Coverage cases, general liability and professional liability matters, and bankruptcies in the financial industry and beyond.

We have wide experience with securities class actions often with overlapping internal investigations, class and derivative actions, and investigations by the SEC and other federal or state regulators. Our experience includes numerous financial institutions in a variety of matters related to all aspects of the Credit Crisis. We also mediate cases related to the commodities industries, addressing issues pertaining to market manipulation, price-fixing allegations and derivatives. We possess a good working knowledge of the various financial products, practices and businesses that make up the financial services industry, and are able to study up on new issues quickly. We are well familiar with many of the types of challenges that companies throughout the industry face, including significant competition issues affecting businesses, involving the Antitrust Division of the DOJ, FTC and state attorneys general, and EU Commission, and various types of class actions in the financial sector.

 

ENERGY| Oil & Gas, New Energy and Mining

Types of matters: Contract claims (and class actions) related to petrochemical plants; claims arising from oil platform disasters, securities and accounting matters involving energy companies including wind turbine manufacturers; opt-out securities class action cases involving mining companies.

Our clients include a number of the world largest oil and refinery companies, U.S. and global mining companies, investors in mining projects; and financial institutions acting as underwriters, advisers and lenders in corporate finance, M&A, joint venture and banking transactions, as well as non-trans­actional matters. They also include government organizations, including explo­ration, development, production, and have investments, projects including environmental issues facing mining companies today. We have experience in mining and energy matters worldwide, including in South-America, Canada, Netherlands, United Kingdom and the United States.


CONSTRUCTION|Infrastructure, Construction and Real Estate

Types of matters: Contractual claims related to development of highways, railroads, underground infrastructure, power plants, and water projects, and real estate development; Cost and delay and construction defect cases, and other construction contract claims.

We have mediated matters involving developers, contractors, lenders, investment banks, pension funds, real estate investment trusts (REITs), private equity funds, U.S. and international investors, and major corporations along with their insurers. Clients also include government entities such as ministries of infrastructure, engaged in all segments of the construction industry. We are familiar with the various aspects of real estate litigation (in and out of bankruptcy); and the typical dynamics surrounding acquisition of office buildings, hotels, casinos, resorts and shopping centers.

CLASS ACTIONS| Securities and Consumer Class Actions in Health, Tech and Financial Services

Types of matters: Tort and consumer fraud litigation and securities class actions related to financial products, health care, pharma, medical device companies, hospital, health care systems, and long-term care facilities and a variety of tech services, as well as the automotive sector.

Many of these cases are considered “bet-the-company” matters. Kamminga was involved in as mediator in some of the most noteworthy cases nationwide for clients such as leading pharma companies, biotech, health care companies, and tech service companies. We are deeply familiar with the issues and legal dynamics of class actions, including multi-jurisdictional litigation (MDL), challenges of class certification, Daubert hearings and trials, expert discovery, and motions practice. We have experience with qui tam fraud and abuse cases under federal and state False Claims act statutes, and medical device product liability disputes. Kamminga is familiar with the cyber and tech challenges facing companies and their clients and the developments in the constantly changing regulatory landscape.



Anti-trust

Matters including 100 M dollar case involving large banks, sued for Libor manipulation, and a multi-million dollar price fixing case involving leading companies in food industry.


Class Action/Mass Torts

Matters related to pharmaceutical product recalls, consumer debt collection agencies, and numerous securities class actions, for defective medical devices for a 2 billion USD securities fraud involving employee benefit products.


Coverage Litigation

Diverse D&O coverage matters related to and resulting from the 2008 recession and involving large U.S. and European banks. International D&O coverage dispute with multiple insurance towers against a European bank, and a matter involving general liability claims in a large construction defect case.


Energy

We mediated with entities both in the renewable and traditional energy sectors. Including contractual disputes over oil pipelines, securities matter involving one of the worlds largest wind-turbine producer, and largest oil company.


Contractual disputes construction + transportation infrastructure

We provided mediation and early neutral advice in large construction contract disputes, including a large development project in Las Vegas, a number of rail, tunnel, bridge and road construction projects, and provided early neutral advice on matters involving power plants and public and private construction.


Financial markets + financial fraud

Dr. Kamminga was involved in a wide variety of investment and shareholder disputes involving some of the world’s largest hedge funds, investment banks, private equity funds, and Fortune 500 companies, as well as public agencies such as the FDIC; Madoff securities fraud; and health care insurance fraud matters.


Securities class actions

A variety of cases involving Lehman Brothers, Fortune 100 companies, and many other NYSE and NASDAQ corporations in the banking, energy, and health care industries.


Cross-border disputes

Matters involving European banks and U.S. regulators, U.S. hedge funds and European automobile companies, insurance companies and their European clients, and U.S. investors and a company involved in the European wind energy sector.


Government agencies + contracts

Kamminga mediated a contract dispute involving one of the largest defense contractors in the U.S., matters with agencies and regulators in the U.S. , as well as European government agencies including ministries of economics, infrastructure and justice, the European Union, and local governments.


BANKRUPTCIES

Kamminga was involved in mediating a number of Lehman Brother cases and other bankruptcies involving cross-border aspects. Including a complex dispute between a Trustee and tenants, and a matter involving a several billion dollars bankruptcy claim related to a European company with US based former directors..

 

Mediation

Complex commercial litigation is increasingly a mediation world. More and more, Fortune 500 companies and leading lawyers on both sides of the docket are turning to facilitated mediation as a faster, simpler and less expensive alternative to protracted court cases. Three quarters of mediations settle after one day of mediation, resulting in massive savings in legal fees and lost productivity. Dr. Peter Kamminga is specialized in cross-border mediations, and works with mediation clients in the U.S. and Europe. For more info about his experience and his mediation approach or for references contact us.

 
 

Arbitration

Many business owners and construction industry entities prefer their disputes be submitted to binding arbitration over litigating the matter. Arbitration often provides a speedier resolution than litigation in court. Arbitration can be cheaper and more flexible for businesses, and arbitration affords the parties the ability to select the decider. Dr. Peter Kamminga is an expert in contract law and has in-depth experience and in-depth knowledge of the industries Kamminga Mediation focuses on. His understanding of the construction industry, oil and gas and finance allows him to swiftly comprehend project issues and documents, and to scrutinize liability and damages claims common to these industries. As a chair and party-appointed arbitrator he resolves disputes arising out of the delay and cost claims involving the construction of major infrastructure projects, and large chemical plants. For more info on arbitration and the specific experience we have, please contact us.

 
 

Tailor-made ADR

One of the advantages of ADR is that it can be tailored to the parties needs and preferences and the unique context of a matter. If applied early on it can even prevent a dispute all together. Customized ADR is being used to deal with catastrophic events, class actions and mass torts. More and more sophisticated organizations invest in identifying, designing, employing, and evaluating an effective means of resolving conflicts within their organization to deal with claims low cost. In order to be effective, dispute systems must be thoroughly thought out and carefully constructed. Dr. Peter Kamminga has experience with this on specific projects or organizations, ranging from dispute system design work for insurance claim handling, drafting procedures that allow parties to prevent disputes, and the development of dispute board rules for the construction industry. He always designs these ADR systems in close collaboration with in-house counsel, outside lawyers, and management to meet the specific needs. If you want to know more or find out if this approach may be a good fit for your organization or your project, please contact us.


 
 

Neutrals can fulfill a variety of roles, and particularly add value when called upon to preserve, repair, and/or improve relationships and identify potential disputes early on. This can be done by early evaluating a case (pre-dispute mediation or early case assessment), function as a mediator or a facilitator, or to assess risk, or provide an estimate of reasonable settlement costs. We offer the following:

Dispute Board member. Dr. Kamminga has fulfilled a role as project neutral, and as a member of a Dispute Resolution Board asked to operate in an informal, structured, safe, and equitable way to resolve a matter.

Early Intervention and neutral analysis. Early neutral analysis provides an opening to identify areas of agreement; and to assess realistically the relative strengths and weaknesses of the parties positions, thus encouraging, early settlements. This has been particularly beneficial in projects where the parties need or desire to maintain an ongoing relationship and avoid the adversarial elements of litigation or arbitration. Dr. Kamminga has experience in matters where parties and their counsel present their case and he renders a non-binding reasoned evaluation on the merit of the case.

Special Master. After an initial settlement is reached, a special master maybe appointed by the court to oversee settlement administration, formulate the claims facility and claims processes, and he may preside over individual claim determinations. Dr. Kamminga, being an academic and professor of law with experience designing claims handling systems, is also approached to fulfill a role as special master designing manageable ESI and settlement processes, to mitigate costs and time using agreed upon procedure to deal with claims efficiently.

The neutral approach is widely applicable to civil cases of varying types and complexity, where a  third-party neutral allows for a controlled and impartial process which may help the parties recognize the limitations of their cases and favors an early settlement.

For questions and inquiries regarding availability contact us through the contact form.