James V. Painter

Mediator

Phone

Main:

678-222-0248


Direct:

706-807-4342

Email

Email James V. Painter

Fees

  • View Fees

    Administrative Fee
    $200.00 per party/per day

    Mediation Hourly Fees

    2 Party Case: $300.00 Per Party Per Hour
    3 Party Case: $275.00 Per Party Per Hour
    4 Party Case: $250.00 Per Party Per Hour

    Fees are the same for any additional time spent on document review, research, written findings of fact/law and other outside time, if any, necessary to prepare or make an informed award or evaluation.

    MINIMUM TIME:
    A 3-Hour Minimum will be charged in All Cases

    TRAVEL TIME:
    For travel time for mediations outside the metro Atlanta area, $125.00 per hour will be charged, in addition to travel expenses including, but not limited to airfare, mileage, car rental, lodging and meals.

    ALL CHARGES WILL BE SHARED EQUALLY AMONG ALL PARTIES, UNLESS OTHERWISE AGREED IN WRITING. RATES MAY BE ADJUSTED FOR SPECIAL SITUATIONS. THE FEE IS TO BE AGREED UPON IN ADVANCE.

    OUR CONTRACT FOR SERVICES IS WITH THE ATTORNEY(S). WE EXTEND CREDIT, WITH NO ADVANCE DEPOSIT REQUIREMENT, BASED ON THE ATTORNEY’S CREDIT. THE ATTORNEY, IN TURN, COLLECTS FROM HIS/HER CLIENT. THEREFORE, WE EXPECT PAYMENT FROM THE ATTORNEY(S) REGARDLESS OF CLIENT ACTIVITY. ALL FEES MUST BE PAID IN FULL ON EVERY ARBITRATION PRIOR TO THE AWARD BEING PUBLISHED.

    *** A FINANCE CHARGE OF 1.50% PER MONTH (18% PER YEAR) WILL BE CHARGED ON BALANCES DUE OVER 45 DAYS.

    CANCELLATION/RESCHEDULE POLICY:
    If a Mediation or Arbitration is postponed, rescheduled or canceled for any reason WITHIN TEN (10) DAYS OF THE HEARING, the Responsible Party(s) will be charged a THREE-HOUR MINIMUM at the FULL hourly rate for all parties in the entire case, as stated on BAY Mediation & Arbitration Services, LLC Fee Structure Sheet, included with the Confirmation Letter when the Mediation or Arbitration was scheduled. If any Party has any questions about this Policy, please call James directly.

To reserve an appointment online, please click your preferred available date. Our staff will contact you on receipt of your Appointment Request form.

Please note that a requested date is not fully booked until confirmed by our scheduling coordinator, Sam Kinghorn.

Bio

A graduate of the University of Georgia Law school, Jim has over 29 years of experience handling high stakes, complex personal injury and wrongful death litigation predominantly involving claims of medical malpractice.  He practices both in Georgia and South Carolina and has handled hundreds of cases including those involving allegations against hospitals; acute care rehabilitation facilities; long term skilled care facilities; medical practice groups; individual physicians (including cardiologists, neurosurgeons, radiologists, obstetricians, oncologists, hospitalists, emergency room and trauma physicians, gastroenterologists, cardiothoracic surgeons, orthopedic surgeons, family and internal medicine primary care physicians and countless more); health care extenders such as physician assistants and nurse practitioners; and essentially every type and level nurse.  Jim has frequently been called upon to handle cases involving catastrophic birth injuries, wrongful death, and complicated surgeries.

Jim is a Fellow of the American Board of Professional Liability Attorneys, Board Certified in Medical Malpractice Law1. Jim is AV®Preeminent™ Peer Review Rated2 by Martindale-Hubbell Law Directory.  Jim earned recognition from his peers as a Georgia Super Lawyer 12 years in a row and has been named one of America’s Top Lawyers for well over a decade. Jim is a registered neutral with the Georgia Commission on Dispute Resolution.  During his career, Jim has represented clients in over 100 meditations.

Jim has been called upon many times to present on various topics related to medical malpractice and specific aspects of civil personal injury litigation.   He has given presentations at both the state and national level, including CLE for attorneys, and CME for physicians, and by invitation has presented Grand Rounds to medical students, residents, fellows and attending physicians.  He has also authored medical malpractice litigation related articles which have appeared in national litigation publications.

Jim recently founded Painter Law & Mediation, LLC to focus on his mediation with BAY, while also representing patients and providers in medical malpractice and serious personal injury matters.

In the middle of every difficulty lies opportunity

-Albert Einstein

 

1 ABPLA is the only organization accredited by the ABA to identify and board certify attorneys in medical malpractice law and litigation.  To become Board Certified the candidate (1) must have extensive experience in, and devote a significant portion of practice to medical malpractice law, (2) meet the requirements for experience in trial, mediation, arbitration, and discovery in medical malpractice cases, (3) supply references by no less than three judges and three attorneys who attest that the candidate is substantially involved and highly skilled in medical malpractice law and litigation, (4) must be in good standing of their bar and have the requisite CLE history and (5) pass a written examination administered by the APBLA.

2 AV®Preeminent™ is a certification mark of Reed Elsevier Properties Inc, used in accordance with the Martindale Hubbell certification procedures, standards and policies. Ratings reflect the anonymous opinions of members of the Bar and the Judiciary. Martindale-Hubbell Peer Review Ratings Fall into two categories – Legal ability and general ethical standards.

Areas of Expertise

  • Catastrophic Personal Injuries/Brain Injuries
  • Wrongful Death
  • Products Liability
  • Premises Liability
  • Professional Malpractice
  • Nursing Home/LTC Litigation
  • Injuries + Accidents
  • Hospital Liability

Locations

  • Atlanta
  • Middle and South Georgia

Languages Spoken

  • English

Credentials

ADR Training
  • Henning Mediation and Arbitration
  • Georgia Commission on Dispute Resolution, Registered Neutral
Education
  • J.D., University of Georgia School of Law, 1994
  • B.S., University of Buffalo, 1991, Business Administration with concentrations in accounting and finance
Bar Admissions
  • Georgia
  • South Carolina
  • New York
Legal Employment
  • Painter Law & Mediation, LLC, June 2023 – present
  • Drew Eckl Farnham, 2021 – 2023
  • Wasden & Painter, LLC, 2014-2021
  • Hull Barrett, PC, 2003-2014
  • Brennan & Wasden, 1994-2003
Professional Affiliations
  • American Bar Association
    • Litigation and Health Law Sections Member
    • Pas Co-Chair for the medical Malpractice Subcommittee
  • Augusta Bar Association
  • American Board of Professional Liability Attorneys
  • Georgia Defense Lawyers Association
    • Professional Negligence Section
  • Defense Research Institute
  • South Carolina Bar
    • Health Law Section Member
  • State Bar of Georgia
    • Health Law and Tort Insurance Section Member
Presentations
  • “Preparing for Voir Dire,” National Business Institute CLE, Augusta, GA, October 24, 2017
  • “Patient Safety: The New Standard for Quality Care.” CME Webinar, February 25, 2014
  • “Handling Experts-Yours and Your Opponent’s”; Georgia State Bar Mid-Year Meeting; Atlanta, GA; January 10, 2013.
  • “Building Your Civil Trial Skills”; National Business Institute CLE; Augusta, GA; December 20, 2012.
  • “What Plaintiffs’ and Defense Lawyers Like and Don’t Like About Mediation and Mediators”; CLE Dispute Resolution for Trial and Non-Trial Lawyers; Augusta, GA; May 2012.
  • “Malpractice Suits”; Richmond County Medical Society CME, Augusta, GA; April 24, 2012.
  • “Deposition Preparation”; AALNC Continuing Educational Presentation Avoiding Medical Malpractice: Be Proactive Not Reactive; Augusta, GA; March 2012.
  • “How to Avoid Malpractice Suits: Legal & Ethical Issues in Nephrology”; Georgia – South Carolina Society of Nephrology Annual Meeting; February 2011.
  • “Your Medical Record Documentation: You’re in the Crosshairs – Kill or Cure?”; CME sponsored by The Physicians Practice Group Risk Management Committee for faculty and residents of The Medical College of Georgia; November 2008.
  • “Sources of Impeachment Materials for use in the Examination of an Opposing Expert”; CLE; 2008.
  • “Deposition Testimony: A Survival Guide”; Grand Rounds CME Sponsored by the Medical College of Georgia Physicians Practice Group; May 2008.
  • “Impeachment”; CLE, Georgia Foundation and Objections; Atlanta, Georgia, March 2008.
  • “Resources for Impeachment of Experts”; Continuing Legal Education 23rd Annual Georgia Medical Malpractice Institute; December 2007.
  • “Called to the Stand – You’re on Trial, a Mock Trial Presentation”; Grand Rounds CME Sponsored by the Medical College of Georgia Physicians Practice Group,  November 2007.
  • Avoiding Malpractice Suits”; Richmond County Medical Society CME; Augusta, Georgia; May 2006.
Publications
  • Author of “Deposition and Trial Testimony in ‘Med Mal’ Litigation: A Survival Guide for Young Lawyers and Their Clients.” American Bar Association’s Health Law Litigation, Volume 9, Number 2, Spring/Summer 2011.
  • Author of “Expertly Impeaching the Medical Expert.” American Bar Association’s Health Law Litigation, Volume 9, Number 1, Fall/Winter 2010.
  • Co-author of “The Impact of O.C.G.A. § 24-9-67.1 in Medical Malpractice Cases.” Georgia Defense Lawyer’s Association Journal. 2008.
  • Co-author of “Recent Developments in Georgia Premises Liability Law, Criminal Liability Cases.” Georgia Defense Lawyers Association’s Journal. 1996.