Our experience and approach

ADR experience in high stakes disputes.

Complex commercial litigation increasingly includes alternative resolution methods, such as mediation. In many industries, ADR is no longer the exception but rather the rule. Kamminga Mediation offers neutral assistance in resolving civil disputes and is experienced in handling high-stakes, multi-million, and billion-dollar cases, brokering swift resolution for both public and private parties around the world. Many of them are global organizations with strong cross-border ties.

We have resolved disputes in the following practice areas:

  • Anti-trust and competition

  • Banking

  • Bankruptcy

  • Business and commercial

  • Class action & Mass Tort

  • Construction & Real estate

  • Cybersecurity & Privacy

  • Energy & Utilities

  • Financial Markets

  • Health Care

  • Insurance

  • International

  • Life Sciences

  • Professional Liability

Tailor-made processes.

We are committed to bringing matters to a conclusion in a fast, satisfactory, and cost-efficient manner. We work with all parties to design flexible, individualized ADR approaches. Both in person and online.

Our clients value our unique experience with high-profile cases in U.S. and European contract and insurance law, the in-depth knowledge of the sectors in which we provide dispute resolution services, and our discretion in handling highly sensitive civil matters in both jurisdictions. Dr. Peter Kamminga has helped hundreds of public and private organizations resolve litigation of cases often involving parties from different countries.

We resolve disputes domestically and across borders.

The unique profile and experience of Dr. Kamminga allow for it. 1) a legal training in both Europe and the United States, 2) working in law in Europe and the U.S., and 3) working on some of the most complex civil matters with highly sophisticated parties and counsel, alongside Judge Daniel Weinstein (Ret.) for many years. Kamminga gained an in-depth understanding of the business and legal reality of parties on both sides of the Atlantic. He developed an appreciation for and understanding of the complexity of the legal and practical issues at hand.

We learn about our SPECIFIC sectors. 

Unlike many mediation firms, we are a niche firm. We are deeply familiar with the sectors and practice areas we work in. Our areas of expertise include the financial industry, tech, energy and construction industries, healthcare, as well as the intricacies of cyber security and merger & acquisition matters. Thats where we have honed our skills and have built and continue to build knowledge and a solid track record. Our industry expertise is a crucial facilitator of our success, as we believe it is a benefit to our clients to have a mediator with in-depth knowledge of their world - it helps to bring a matter to resolution speedily and effectively. Dr. Kamminga has helped resolve some of the most groundbreaking standard-setting cases in our niche areas, which gives us an edge. Our clients - both Plaintiffs and Defendants - reap the benefit of Kamminga's extensive exposure to the multifariousness and unique culture of the sectors in which we are active.

We work around the world. in person and Online.

We mediate matters in person in the US., Europe, and any big city around the world. Depending on the parties' locations and preferences. We are often making use of the latest professional video connections to accommodate parties in different places not able to join the mediation sessions in person. Long travel distances or other reasons sometimes makes hybrid or fully online mediation the more efficient or preferred approach. We are experienced in doing online mediation sessions using Zoom, Teams, WebEx or other platforms.

 

“Dr. Peter Kamminga has helped hundreds of public and private organizations resolve litigation and arbitration of cases often involving parties from different countries.”

 

Cross border and sector specific

We help resolve matters around the globe and within specific focus areas. Many of our cases involve cross border aspects, are transatlantic in nature, or involve parties from different jurisdictions. We mediate and arbitrate a range of civil matters in a small number of sectors including the finance and insurance, tech, healthcare, construction and energy sectors. Key sectors are highlighted below.

 

FINANCIAL SERVICES INDUSTRY| Banking, Insurance, Bankruptcies, Financial fraud

Types of matters: Financial services litigation in the banking and insurance sector, securities class actions and anti-trust, D&O Coverage cases, general liability and professional liability matters, cyber security and privacy, and bankruptcies in the financial industry and beyond.

We have extensive experience with securities class actions often with overlapping internal investigations, class and derivative actions, and investigations by the SEC and other federal or state regulators. Our past cases include numerous financial institutions in a variety of matters related to all aspects of the Credit Crisis. We also mediate and arbitrate matters related to the commodities industries, addressing issues about market manipulation, price-fixing allegations, and derivatives. We possess an excellent working knowledge of the various financial products, practices, and businesses that make up the financial services industry, and can study up on new issues quickly. We are well familiar with many of the types of challenges that companies throughout the financial industry face, including significant competition issues affecting businesses, involving the Antitrust Division of the DOJ, FTC and state attorneys general, or the EU Commission, and various types of class actions.

 

 ENERGY| Oil & Gas, New Energy and Mining

Types of matters: Contract claims (and class actions) related to petrochemical plants; claims arising from oil platform disasters, securities and accounting matters involving (new) energy companies including wind turbine manufacturers; opt-out securities class action cases and environmental issues facing commodities companies.

Kamminga mediated and arbitrated matters involving a number of the world's biggest oil and refinery companies, global commodities companies, windmill producer, and investors in mining projects. These matters also include financial institutions acting as underwriters, advisers and lenders in corporate finance, M&A, joint venture and banking transactions, as well as 'non-trans­actional' matters. We have experience in mining and energy matters worldwide related to complex projects and involving companies in Canada, Denmark, The Netherlands, the United Kingdom, South-America, and the United States.

 CONSTRUCTION|Infrastructure, Construction and Real Estate

Types of matters: Contractual claims related to the development of highways, railroads, underground infrastructure, power plants, real estate development, cost and delay, construction defect cases, and other construction contract claims.

We help resolve matters involving developers, contractors, lenders, investment banks, pension funds, real estate investment trusts (REITs), private equity funds, and international investors, and major corporations along with their insurers.. Disputes we handle also include government entities such as national and state agencies, ministries of infrastructure, and work in all segments of the construction industry. We are familiar with the various aspects of real estate litigation (in and out of bankruptcy); and the typical dynamics surrounding the acquisition of office buildings, hotels, casinos, resorts, and shopping centers.

CONTRACTS | Cross-border contracts, government contracts, procurement, insurance policies, R&D, joint venture, other contractual disputes

Types of matters: Contract claims related to complex projects and long-term contractual relations such as distribution and franchising, R&D, joint venture agreements, mergers & acquisitions, construction claims, and disputes involving international sales of goods.

Dr. Kamminga is an expert in contractual matters. Not only has he mediated many (cross-border) contractual disputes, he has in-depth legal knowledge of US, European and international contract law, has lectured extensively on the subject of contracts and contract law, published numerous articles on contract design, and wrote a Ph.D. focusing on how to effectively structure contractual relations. The past two decades he advised and mediated with government agencies, global construction companies, and IT suppliers, and resolved disputes in the distribution and franchise sector, and in virtually any environment in which contractual disputes arise.

 CLASS ACTIONS| Securities and Consumer Class Actions in Health, Tech and Financial Services

Types of matters: Tort and consumer fraud litigation and securities class actions related to financial products, health care, pharma, medical device companies, hospital, health care systems, and long-term care facilities and a variety of tech services, as well as the automotive sector.

Many of these cases are considered “bet-the-company” matters. Kamminga was involved as a mediator or arbitrator in some of the most noteworthy cases nationwide involving organizations such as leading pharma companies, biotech, health care companies, and tech service companies. We are deeply familiar with the issues and legal dynamics of class actions, including multi-jurisdictional litigation (MDL), challenges of class certification, Daubert hearings and trials, expert discovery, and motions practice. We have experience with qui tam fraud and abuse cases under federal and state False Claims act statutes and medical device product liability disputes. Kamminga is also familiar with the cyber and tech challenges facing companies and their clients, and keeps track of the latest developments and standards.

TECH, INTERNET, CYBERSECURITY | ICT disputes, hacking, cyber insurance

Dr. Kamminga is well versed in new practice areas such as the evolving landscape of cybersecurity cases, and familiar with industry-specific computer crime and privacy laws, as well as with the dynamics surrounding cybercrime, hacking, ransomware and internet scams. He is certified by the SANS cyber security training institute. He has mediated disputes involving consumer goods producers and their suppliers, owners and renters of internet servers, and a number of internet-based streaming companies.

Recent tech, internet and cyber matters:

  • Mediation of coverage dispute between large e-commerce corporations over coverage for losses that were sustained as a result of complex computer fraud schemes and so-called cookie stuffing

  • Mediation involving a Chinese internet data service provider accused of revenue inflation

  • Mediation involving online streaming company related to alleged misleading statements

  • Dispute between a group of consumers and consumer tech device maker involving allegations of false and misleading statements by the company

  • Mediation involving alleged breach of fiduciary duties by multinational internet service provider in connection with the agreement and plan for a merger

  • Breach of contract and breach of implied covenant of good faith and fair dealing claim, in a dispute between a consumer electronics firm and data and technology marketing firm providing website services

  • Dispute between internet service firms arising from a claim for intentional misrepresentation involving liability for cyber-attacks and hacking of websites and duties to provide cyber security services and warning for security breaches

MERGERS & ACQUISITIONS | shareholder disputes, post closing disputes, fraud claims, transactional insurance coverage disputes 

We are also familiar with the growing field of representations and warranties claims in connection with mergers and acquisitions, as well as the transactional insurance aspects relating to such matters. Dr. Kamminga has experience mediating matters involving merged entities, their (former)shareholders, and insurance carriers.

Some examples of matters Dr. Kamminga mediated or arbitrated. For a more extensive list of representative matters see Dr. Kamminga’s profile on the JAMS website.

Anti-trust

Various matters, including a 100M+ USD claim against a large British bank accused of Libor manipulation, and a multi-million dollar price fixing case involving leading companies in the food industry.

Class Action/Mass Torts

Matters related to pharmaceutical product recalls, consumer debt collection agencies, and numerous securities class actions, for defective medical devices for a 2 billion USD securities fraud involving employee benefit products.

Coverage Litigation

A number of D&O coverage matters, for instance related to and resulting from the 2008 recession and involving leading U.S. and European investment banks, and an international D&O coverage claim against a Dutch-Belgium bank involving multiple insurance towers, and a claim against multiple developers in a large construction defect case in the U.S. including government agencies and developers of a high rise luxury condo building

Energy

We mediated with entities both in the renewable and traditional energy sectors. Including contractual disputes over oil pipelines, securities matter involving one of the worlds largest wind-turbine producer, and largest oil company.

Contractual disputes construction + transportation infrastructure

Mediation and early neutral advice in large construction contract disputes, including a large development project in Las Vegas, a number of rail, tunnel, bridge and road construction projects, and early neutral advice in a matter involving a power plant, and public and private construction.

Financial markets + financial fraud

Dr. Kamminga was involved in a wide variety of investment and shareholder disputes involving some of the world’s largest hedge funds, investment banks, private equity funds, Fortune 500 companies, as well as public agencies such as the FDIC, other cases include a Madoff securities fraud; and health care insurance fraud matters.

Securities class actions

A variety of cases involving Lehman Brothers, Fortune 100 companies, and many other NYSE and NASDAQ corporations in the banking, energy, and health care industries.

Cross-border disputes

Matters involving European banks and U.S. regulators, U.S. hedge funds and European automobile companies, insurance companies and their European clients, and U.S. investors and a company involved in the European wind energy sector.

Government agencies + contracts

Kamminga mediated a contract dispute involving one of the largest defense contractors in the U.S., matters with agencies and regulators in the U.S. , as well as European government agencies including ministries of economics, infrastructure and justice, the European Union, and local governments.

BANKRUPTCIES

Kamminga was involved in mediating a number of Lehman Brother cases and other bankruptcies involving cross-border aspects. Including a complex dispute between a Trustee and tenants, and a matter involving a several billion dollars bankruptcy claim related to a European company with US based former directors..

Feel Free to reach out for additional information about Dr. Kamminga’s experience in the above or other areas such as healthcare, cyber security, tech, or otherwise.

 

As a niche mediation firm, Kamminga Mediation specializes in high stakes mediation. Because of our focus and legal expertise in our focus areas, we do also provide arbitration and tailor-made ADR services, including neutral services:

Mediation

Complex commercial litigation is increasingly a mediation world. More and more, Fortune 500 companies and leading lawyers on both sides of the docket are turning to facilitated mediation as a faster, simpler, and less expensive alternative to protracted court cases. Three-quarters of mediations settle after one day of mediation, resulting in massive savings in legal fees and lost productivity. Dr. Peter Kamminga is specialized in cross-border mediations and works with mediation clients in the U.S. and Europe and other parts of the world. For more info about his experience and his mediation approach or references, contact us.

 
 

Arbitration

If a negotiated solution is out of reach, many professional parties prefer to submit their disputes to binding arbitration over litigating the matter. Arbitration often provides a speedier resolution than litigation in court. The main advantages are that it can be less expensive and more flexible for businesses, and this form affords the parties the ability to select the decision-maker, often an expert or panel of experts with broad experience with the specific type of matter.

Dr. Peter Kamminga is an expert in contract law and has in-depth expertise and in-depth knowledge of the industries Kamminga Mediation focuses on, which makes him a trusted neutral in abitrations. His legal and sector expertise of the construction, oil and gas and finance industries allows him to comprehend project issues and documents swiftly, and to scrutinize liability and damages claims common to these industries. As a chair and party-appointed arbitrator he regularly resolves disputes arising out of the delay and cost claims involving the construction of large infrastructure projects, and petrochemical plants. For more info on arbitration and our specific experience, please contact us.

 
 

Tailor-made ADR

One can tailor ADR to the parties' needs and preferences and the unique context of a matter. If applied early on, it can even prevent a dispute altogether. Customized ADR is being used to deal with catastrophic events, class actions, and mass torts. More and more sophisticated organizations invest in identifying, designing, employing, and evaluating an effective means of resolving conflicts within their organization to deal with claims low cost. Dispute systems must be thoroughly thought out and carefully constructed. Dr. Peter Kamminga has experience with this on specific projects or organizations, ranging from dispute system design work for insurance claim handling, drafting procedures that allow parties to prevent disputes, and the development of dispute board rules for the construction industry. He always designs these ADR systems in close collaboration with in-house counsel, outside lawyers, and management to meet the specific needs. If you want to know more or find out if this approach may be a good fit for your organization or your project, please contact us.

 
 

The neutral approach is widely applicable to civil cases of varying types and complexity, where a third-party neutral allows for a controlled and impartial process that may help the parties recognize the limitations of their cases and favors an early settlement.

Neutrals can fulfill a variety of roles. They particularly add value when called upon to preserve, repair, and/or improve relationships and identify potential disputes early on. Examples are an early evaluation of a case (pre-dispute mediation or early case assessment), a function as a mediator or a facilitator, to assess risk, or provide an estimate of reasonable settlement costs, or as a dispute board member or settlement master. 

Kamminga Mediation offers the following neutral services:

Early Intervention and unbiased analysis. The early neutral analysis provides an opening to identify areas of agreement; and to assess the relative strengths and weaknesses of the parties' positions, thus encouraging, early settlements. This has been particularly beneficial in projects where the parties need or desire to maintain an ongoing relationship and avoid the adversarial elements of litigation or arbitration. Dr. Kamminga has experience in matters where parties and their counsel present their case, and he renders a non-binding reasoned evaluation on the merit of the case.

Dispute Board member. Dr. Kamminga also fulfills a role as project neutral, and as a member of a Dispute Resolution Board in construction projects, operating in an informal, structured, safe, and equitable way to resolve a matter early on. 

Special Master. After an initial settlement is reached, a special master may be appointed by the court to oversee settlement administration, formulate the claims facility and claims processes, and he may preside over individual claim determinations. Dr. Kamminga, being an academic and professor of law with experience designing claims handling systems, is also approached to fulfill a role as a special master developing manageable settlement processes, to mitigate costs and time using an agreed-upon procedure to deal with claims efficiently.

For questions and inquiries regarding availability, contact us through the contact form.