Profile

Scott Maker

Scott Maker

Mediator and Arbitrator

I am a seasoned litigator who knows from instinct and experience that there are usually better ways to resolve disputes than through litigation, and I have spent my career honing the skills and insights that create the foundation to help parties do so. For 15 years, I tried a wide variety of cases, including product liability, personal injury, and business disputes involving both state and federal law. As a trial lawyer at Pierce Atwood, I was able to evaluate the merits of various claims, identify the strengths and weaknesses of each case based on both the facts and the law, and assess the demands and needs of the parties, which frequently led to successful outcomes short of trial. I subsequently honed these skills as inhouse trial counsel at Unum, a market leading employee benefits company where I handled hundreds of cases involving complex medical, occupational, and financial issues. During this time, I developed a particular expertise in ERISA governed matters, including those involving disability, life, accidental death and dismemberment, and long term care claims. The parties mediated many of these cases, and my combination of legal acuity and emotional intelligence led the parties to reach a successful conclusion in most. I brought these same problem-solving traits to bear in the regulatory world when I headed the company’s team that negotiated with state and federal regulators to resolve disputed matters, and subsequently in my dealings with state and federal policy makers when I led Unum’s government affairs efforts. Later, as Unum’s Deputy General Counsel, I assumed responsibility for the company’s entire litigation function, including both claim and complex litigation involving class actions, regulatory violations, and intellectual property issues. This provided me with an opportunity to build on my past experiences to explore, pursue, and frequently achieve with adverse parties creative solutions to complex problems, often in contentious circumstances. The key to my success as a trial lawyer and as a leader is not only my deep understanding of the law and the issues, but also of people and of the personal and emotional dynamics that are the touchstone to success in resolving disputes. I bring these same skills to his role as a mediator. While I know that not every case will or should settle, I also know that in most instances, an agreed upon outcome is the best outcome for the parties. I look forward to helping parties achieve that.

Locations

Fees and Hours

I charge my hourly rate for travel time outside of Maine
The mediation fee is due two weeks from the date the confirming email is sent to all parties. We will fully refund the fee if the mediation is cancelled or rescheduled at least four weeks prior to the scheduled date. If the mediation is cancelled or rescheduled fewer than 30 days before the mediation date, the fee will not be refunded unless we are able to schedule another mediation with different parties on the original date.

Health Law Expertise

Reimbursement

Extensive disability insurance expertise

Employment

Torts

Representing employee benefit provider (disability/ life/ AD&D/ etc)

Health Care Outside Hospitals

Patient Information

Governance and Finance

Basic Training

Name of Provider Number of Hours
Harvard Law 40

Presentations and Publications

“A Mediator’s View on Dispute Resolution – Maximizing the Opportunity for Success”
– Defense Research Institute, Life, Health and Disability & ERISA Seminar, April 2023

“Conducting A Successful Mediation”
– Maine State Bar Association Winter Meeting, 2022

“Seven Tips for Successful Mediators”
– Maine Lawyers Review, October 2021

References

Name: Mark Schmidtke
Organization: Ogleree Deakins
Phone: 219-242-8668
Email: mark.schmidtke@ogletree.com
Name: Mark Debofsky
Organization: DeBofsky Law Firm
Phone: 312-933-3604
Email: mdebofsky@debofsky.com
Name: Mala Rafik
Organization: Rosenfeld & Rafik
Phone: 617-852-8140
Email: mmr@rosenfeld.com
Name: Mark Schmidtke
Organization: Ogleree Deakins
Phone: 219-242-8668
Email: mark.schmidtke@ogletree.com
Name: Mark Debofsky
Organization: DeBofsky Law Firm
Phone: 312-933-3604
Email: mdebofsky@debofsky.com
Name: Mala Rafik
Organization: Rosenfeld & Rafik
Phone: 617-852-8140
Email: mmr@rosenfeld.com