Donald (Tad) Powers, Esq., Michael Marks, Esq., & Adam Powers, Esq.

Practice Areas

Tad, Michael, and Adam have mediated over 1000 cases, so they have experience in virtually all subjects.  They also draw on their broad practice backgrounds.  Some of the most common areas in which they have practiced and mediated are listed below.

Arbitration.  Both Tad and Michael have served as arbitrators in numerous cases, including construction, divorce, real estate and commercial disputes.

Business.  We have mediated litigated cases and helped businesses mediate solutions to avoid litigation.

Construction.  Michael served as general counsel for Engelberth Construction, and Michael, Adam, and Tad have represented numerous other constrution companies, professionals, lenders and owners in construction disputes. A substantial part of Michael's mediation practice is devoted to construction disputes.  Michael was listed in Best Lawyers in America 2009 in the Construction Law category.

Divorce.  We regularly mediate divorce cases, often including high-asset, complex financial issues and cases involving intense emotional conflict.

Education.  Tad and Michael have represented educators and school districts.  Michael has been general counsel to the Vermont Principals' Association for over twenty years, and serves on his local school board.  Tad and Adam have served as hearing officer in numerous education disputes, and we have mediated many education disputes.  Adam serves as a contract mediator with the State of Vermont and regularly mediates Special Education matters in that capacity.

Employment.  Michael, Tad and Adam have each litigated on behalf of both employers and employees, and have each mediated numerous employment cases.  They recognize and deal with the difficult emotional dynamic that is common to most employment disputes.

Environmental and Permitting.  We have represented developers, municipalites and neighbors in state and federal envrionmental disputes.  Our mediation practice has covered a range of environmental disputes, including permitting, toxic torts, and enforcement actions.  Tad and Michael both serve on the Vermont Environmental Court's Advisory Panel on Mediation.  Tad and Michael both served on municipal land use boards.

Insurance Coverage.  Tad and Michael have litigated coverage issues, and have also mediated coverage issues. 

Intellectual Property.  Michael has mediated intellectual property cases involving Vermont and national firms.

Labor.  Michael has represented both labor and management in collective bargaining, including educators, school boards, the Granite Cutters Association (an independent labor union), and served as Vermont Chief Labor Negotiator between 2003 and 2010.

Municipal-Government.  Tad, Adam and Michael have represented selectboards, zoning boards, and those dealing with municipal government on an array of subjects.  Tad, Adam and Michael frequently mediate cases involving governmental entities.

Negotiation.  Tad, Michael, and Adam have represented parties in all types of negotiations, ranging from private disputes to complex commercial transactions.  Tad and Michael are called on to provide support in a variety of negotiations. Adam and Tad are adjunct professors of law, regularly teaching courses on negotiation and mediation at Vermont Law School.

Real Estate.  Adam, Tad and Michael have represented developers, owners and lenders in a wide range of real estate transactions and disputes.  Tad, Michael, and Adam have mediated many litigation and pre-litigation real estate disputes, including numerous community association cases.

Personal Injury--Wrongful Death.  Michael, Adam, and Tad have represented plaintiffs, defendants and insurance carriers in personal injury and wrongful death cases.  A substantial portion of their mediation practice is comprised of personal injury and wrongful death actions.

Probate, Trusts and Estates.  Tad, Michael and Adam have mediated and litigated a range of probate, trust and estate disputes.  They are sensitive the the challenges posed by intra-family dynamics.

Professional Liability.  Michael and Tad have mediated cases involving medical, legal, design and other professionals.

Public Utility.  Michael served as Vermont Public Advocate and represented both consumers and utilities in his private practice.

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