In arbitration, Mr.Shearer makes a studied decision (binding or non-binding) based on the evidence and information provided depending on the type of arbitration process selected by the parties. However, in mediation, he facilitates the negotiations between the parties to enable them to accept a mutual agreement.
Mr. Shearer has broad practical experience in Corporate Law, as well as Contracts and Commercial Business Law. His first involvement with Corporations was in 1964 as an accountant. Shortly after that, he became an officer, director and shareholder in several corporations and has held similar positions in a variety of corporations on an on-going basis. Since 1972, Mr. Shearer has also organized a number of corporations and served as General or Corporate Counsel for them.
As a shareholder and corporate counsel, Mr. Shearer has been on both the majority and minority side in terms of “control.” He has broad practical experience, not only as Corporate or General Counsel, but as an officer (President and CEO) and board member. He has also postured corporations against “takeovers” by either a “minority” interest or a third party. He is acutely aware of the mechanics required to accomplish these safeguards.
Moreover, Mr. Shearer has broad practical experience in mergers and acquisitions in the corporate arena. As an attorney, he represented both the acquiring and acquired and participated in not only the drafting of documents but in their negotiations as well.
As Corporate or General Counsel and as an attorney for various clients, Mr. Shearer has an impressive history in Contracts and Commercial Business Law as well. He has been involved in various types of contracts, including employment, mergers and acquisitions, buy-sell, sale and purchase of property, asset purchase, licensing and franchising, and other contracts too numerous to enumerate.
Aside from the Commercial Business Legal environment, in the mid-1970s, Mr. Shearer took a leave from the practice of law and co-founded an alternative (synthetic) energy company utilizing a coal, oil and water mixture, treated ultrasonically for use as a substitute for industrial fuel oil. He served as its President and CEO until McDonnell Douglas Corporation (aerospace) acquired the company in 1980. The company’s innovative fuel – thirty (30) years ahead of its time – attained national and global recognition.
As the company’s President and CEO, Mr. Shearer gained experience in patents, anti-trust and contract-licensing laws. He worked closely with patent counsel in drafting licensing agreements and protecting existing pending patent by adding modifications to extend its life span. In so doing, he gained knowledge in anti-trust and patent infringement law.
Under his supervision as President and CEO, Mr. Shearer participated in the design and construction of the first synthetic fuel pilot plant of its kind in the nation. As CEO, he, on behalf of the company, acted as the General Contractor in building this plant. In dealing with vendors, Mr. Shearer gained an in-depth knowledge not only in the formation and negotiation of a contract but also on how to effectuate the ultimate closing of a deal.
• His experience as a finder of
fact on the Merit Board and as a Hearing Officer *
Served on Merit Board for fourteen years, thirteen years
as its Chairman
*
Hearing Officer over span of fifteen years
Mr. Shearer served as the energy company’s President and CEO until McDonnell Douglas Corporation (aerospace) acquired the company in 1980. After that, he returned to the practice of law utilizing the experience he had gained as President and CEO of that company.
Mr. Shearer’s service on the Jefferson County (Louisville, Kentucky) Merit Board for fifteen (15) years, fourteen (14) as its Chairman, exemplifies his unique ability as a Certified Mediator. The Merit Board conducted hearings on appeals regarding employment issues such as
Spensions and Terminations. These proceedings were conducted trial de novo.
As Chairman, Mr. Shearer conducted hearings, acting in a similar capacity of an administrative law judge, ruling on the admissibility of evidence, including relevance. After the presentation of the evidence, Mr. Shearer, along with other members, went into executive session and deliberated as a jury to decide the case. At the conclusion of the hearing, Mr. Shearer prepared findings of fact, conclusions of law and a recommended order.
In addition to his service on the Merit Board, Mr. Shearer served as a Hearing Officer for the Commonwealth of Kentucky and the Louisville Metro Government over a span of fifteen (15) years. He conducted proceedings related to appeals where certain rights (which included rights of minority in government contracts,
Employment
Rights, and other
Contractual Issues) had been administratively denied.
As a Hearing Officer, he conducted hearings in the same manner as he did on the Merit Board, ruling on evidence and its admissibility, including relevance. At the conclusion of the hearing, Mr. Shearer prepared findings of fact, conclusions of law and a recommended order.
As a Kentucky
Arbitrator and Florida Supreme Court Qualified Arbitrator and a Kentucky Approved General / Civil and Family Mediator
and a Florida Supreme Court Certified Circuit Civil and Family Mediator, Mr. Shearer is committed to the following:
- Informing participants about the process of arbitration/mediation
- Adopting a neutral stance with all parties revealing any potential conflicts of interest to the arbitration/mediation
- Conducting the arbitration/mediation in an impartial manner
- Confidentiality (mediation), except as agreed to by the parties or except when disclosure is required or permitted by law
- Abstaining from offering legal advice
- Binding and nonbinding arbitration in Kentucky and Florida
Let Mr. Shearer reconcile or guide your litigants to resolve their own disputes through an expeditious, fair and just arbitration or mediation process. You may contact Mr. Shearer via this web site by clicking here or by telephone:
Direct numbers KY (502) 636-1636 FL (239) 537-4691 Cell (502) 551-0818
Fax
(502) 636-1652
|