John B. Shipp, Mediator & Arbitrator
John Shipp is a mediator, arbitrator and settlement counsel with more than 26 years of experience resolving complex disputes nationwide—particularly business and commercial matters involving significant financial exposure, difficult legal and factual issues, strong personalities, important business relationships, and consequences that can extend well beyond the lawsuit itself.
John is a 31-year lawyer and has worked as a trial lawyer, litigator and transactional attorney during his career. He trained as a mediator in 2000 and has conducted approximately 3,000 mediations. In 2013, he left private practice to become a full-time neutral.
He is often retained in difficult cases involving strong personalities, significant legal and business risk, multiple parties, or matters that need a fresh approach after earlier resolution efforts did not produce a settlement.
Experience
John has mediated a wide range of complex matters, including:
- Business and commercial litigation
- Partnership, shareholder and fiduciary disputes
- Business divorce, ownership and family-business disputes
- Director and officer claims
- Mergers and acquisitions
- Joint ventures
- Valuation disputes
- Banking and finance
- Bankruptcy and insolvency
- Securities
- Oil and gas
- Real estate, including commercial landlord-tenant disputes
- Healthcare
- Significant employment matters
- Trade secrets, intellectual property and technology
- Franchise and licensing disputes
- Government and regulatory matters
- Construction
- Insurance coverage
- Professional liability
- Product liability
- Significant personal-injury and wrongful-death matters
- Probate, trust and estate disputes
- Class actions
- Other substantial civil matters
Some of those cases involve bet-the-company consequences. Others are difficult because of ownership, control, governance, reputation, confidential information, business relationships, or what happens after the lawsuit is over.
Prepared. Candid. Creative.
John believes preparation matters. He expects to know the case before the mediation begins. He reviews the key facts, claims, defenses and business issues in advance and comes into mediation with a plan.
He also believes credibility matters. John sees his role as that of an honest broker. If he thinks a party has a strong position, he will say so. If he sees problems or risks, he will say that too.
He does not focus only on offers, demands and legal positions. He wants to know what is really driving the dispute, what the parties actually need, and what it will take to get a deal done.
Sometimes the answer is money. Sometimes it is a business solution, a change in conduct, confidentiality, timing, control, risk allocation, or some other term the parties could not get from a court or arbitrator.
Resolution
John's goal is to get the case resolved if it can be resolved and to help the parties make a good decision if it cannot.
He takes an active role in the process. He tests assumptions, evaluates risk, identifies obstacles to settlement, and looks for every realistic way to move the case toward agreement.
John handles early and pre-suit mediations as well. Sometimes those cases can be resolved before the parties spend years and substantial amounts of money in litigation. Other times the mediation helps identify the limited discovery, information or analysis needed to put the parties in a better position to make a deal later.
He also has substantial experience with multi-party matters. In those cases, the negotiation between the plaintiff and defendants may be only part of the problem. There may be separate negotiations among defendants, insurers, indemnitors, business partners and others about responsibility, contribution and allocation. Understanding those negotiations can be critical to getting the overall case resolved.
Arbitration, Settlement Counsel and Special Neutral Roles
In addition to mediation, John serves as an arbitrator in complex matters, both as a sole arbitrator and as a member of three-arbitrator panels.
He also serves as settlement counsel in matters where a party wants an experienced lawyer focused specifically on developing and carrying out a resolution strategy.
John has also served as a special master and in other special-neutral roles involving the allocation or distribution of funds and competing claims and interests.
Recognition
Professional Leadership
- Association of Attorney Mediators, North Texas ChapterPresident, 2011–2021
- William “Mac” Taylor American Inn of CourtMaster of the Bench, 2015–present; Mentor-Mentee Committee Chair, 2017–2018
- Dallas Bar FoundationFellow, 2017–present
- National Academy of Distinguished NeutralsAcademy Member, 2019–present
- Texas Bar CollegeMember, 2021–present
- DAYL FoundationFellow, 2008–present
John also mentors newer mediators and lawyers interested in developing mediation practices.
Professional Background
John graduated from Baylor University with a B.A. in Political Science in 1991 and from Texas Tech University School of Law in 1995, where he was on the Dean's List and served as an Associate Editor of the Texas Tech Law Review.
After law school, he clerked for the Tenth Court of Appeals and then entered private practice. Before becoming a full-time neutral, he was a partner at a Dallas litigation boutique and handled business litigation, real estate, commercial leasing, general corporate matters and other transactional work.
He also served as outside general counsel to business clients, advising them on litigation, employment, regulatory and transactional matters, risk management and dispute resolution.
John was trained as a mediator through the American Academy of Attorney Mediators in 2000 and continues to pursue advanced training in mediation, arbitration and negotiation.
Speaking & Publications
- “12:30 Is the New 3:30: What’s Really Happening in Mediation and How to Get There Faster”Headnotes, Dallas Bar Association, 2024
- “Ethics…Smethics…Why Shouldn’t I Do It This Way?”Association of Attorney Mediators, Advanced Attorney Mediation Training, April 2021
- “Top Tips for Successful Zoom Mediations of Probate, Trust and Estate Disputes”San Antonio Estate Planners Council, April 2021
- “One Year Later—Mediators’ Top Tips for Counsel in Online Mediations”Dallas Bar Association, March 2021
- “Video Mediation: An Effective Alternative to In-Person Mediation”State Bar of Texas, November 2020
- “Video Mediations—Beyond the Basics”Texas Mediator Credentialing Association, October 2020
- “Zoom Mediation for Lawyers 101”Dallas Bar Association, April 2020
- “The Devil and the Deal: Negotiating at Mediation Without Losing Your Soul”Dallas Bar Association, October 2019
- “Missed Opportunities and More: Three Mediators’ Perspectives on Mediation Advocacy at Mediation”Dallas Bar Association, April 2019
- “Eight Negotiation Tips Designed to Get Better Results at Mediation”The Resolver, Federal Bar Association ADR Section, Spring 2019
- “Breaking Impasse”Dallas Bar Association ADR Section, December 2018
- “How to Become and Stay a Successful Mediator: Personal Experiences and Lessons Learned”Dallas Bar Association ADR Section, September 2018
- “Ten Things Your Mediator Won’t Tell You”Dallas Bar Association, June 2018
- “Negotiation Tips and Techniques at Mediation”Headnotes, Dallas Bar Association, May 2018
- “Mediation Process and Techniques”University of North Texas Dallas College of Law, 2016–2019
- “How to Screw Up a Mediation”Dallas Bar Association, April 2015
- “Early Case Mediation and Other Ways Mediators Can Add Value”State Bar of Texas ADR Section, January 2015
- “The Mediator’s Roundtable—A Guided Group Discussion: Dealing with Difficult Situations”Dallas Bar Association ADR Section, 2014 and 2016
- “Joint Sessions in Mediation: Essential or Irrelevant”Dallas Bar Association & Mesquite Bar Association, March 2014
John also mentors newer mediators and lawyers interested in developing mediation practices.
Professional Associations
National Academy of Distinguished Neutrals, Academy Member, 2019- present
Association of Attorney Mediators, North Texas Chapter, President 2011-2021
Federal Bar Association, ADR Section, Federal Litigation Section
Dallas Bar Association, ADR Section, Business Litigation Section, Fee Dispute Committee, CLE Committee, Bench Bar Committee
State Bar of Texas, ADR Section, Business Law Section, Consumer and Commercial Law Section, Litigation Section
William ‘Mac’ Taylor, American Inn of Court, Master of the Bench, 2015-present; Mentor-Mentee Committee Chair, 2017-2018
DAYL Foundation, Fellow, 2008-present
Dallas Bar Foundation, Fellow, 2017-present
Texas Bar College, A Professional Society of Legal Scholars, Member, 2021-present
Personal
A Texas native, John was raised in Waco and lives in Dallas with his family.