James D. Thomas’s experience as a trial lawyer and leader in the legal profession includes service as a United States Magistrate Judge, a litigation partner at Vorys, Sater, Seymour and Pease, and a litigation partner and Practice Group Leader of the Global Litigation Group at Squire Patton Boggs. Today, his practice is devoted exclusively to serving as an arbitrator, mediator, special master, and expert witness.
We asked him how his expertise informs his approach on the American Arbitration Association® Healthcare Panel.
Q. What types of healthcare disputes do you typically handle as an arbitrator or mediator?
I have handled multiple 340B cases, payor-provider reimbursement disputes, and other complex contract disputes among various participants in the healthcare space.
Q. What drew you to ADR work in the healthcare space? What do you value most about serving as a neutral on the AAA’s Healthcare Panel?
I was drawn to the healthcare space because of its complexity and the high caliber of attorneys who regularly practice in this specialty area. Arbitration and mediation work in the healthcare area was a natural extension of my private practice work, which focused on complex and high-value matters. I appreciate each opportunity to work with sophisticated parties and their counsel in resolving disputes efficiently and professionally.
Q. How has your judicial experience shaped the way you approach healthcare arbitration or mediation?
I was appointed at age 33 to serve as a United States Magistrate Judge in the Northern District of Ohio. In that role, I managed complex civil cases through discovery, motion practice, and case resolution. I also maintained a significant consent docket pursuant to 28 U.S.C. § 636(c), presiding over civil bench and jury trials and entering final judgments appealable to the United States Court of Appeals for the Sixth Circuit.
My work on the bench, and more recently as a Special Master in federal court, informs the way I approach arbitrations. I prioritize active case management, timely decisions, and cost-efficient proceedings conducted in close collaboration with counsel.
Q. Are you noticing any emerging issues or trends in healthcare cases coming to arbitration?
I stay current on developments in the healthcare space by regularly attending continuing legal education programs and subject matter conferences, especially those sponsored by the ABA and the AAA. These programs provide substantive insight into emerging regulatory and reimbursement issues affecting healthcare disputes.
Q. What advice do you have for parties preparing for arbitration or mediation in complex healthcare disputes?
I have been impressed with the collegiality of the healthcare attorneys practicing in this space. From my perspective, this collegiality is reflected in the way counsel work together to develop realistic and cost-efficient case management plans. The more the parties can agree on process and narrow the issues for resolution, the better for all involved. My recommendation is to continue on that path—early and often.