Robert F. Houlihan, Jr.
Robert F. Houlihan, Jr. has practiced law in Kentucky since graduating from UK College of Law in 1974. He first practiced at the Lexington firm of Gess, Mattingly, Saunier & Atchison doing general practice including a concentration in employer ERISA work. Then, for several years, he was an Assistant U.S. Attorney in the Eastern District of Kentucky where he was the first chair prosecutor in a wide variety of criminal cases in Catlettsburg, Pikeville and London, Kentucky, including public corruption, major management-union strike violence, and organized criminal activity.
For the next 24 years, he was a trial attorney and partner at Stoll, Keenon & Park. There, Bobby’s practice initially included defense of significant criminal prosecutions and trials, but evolved over time to purely civil litigation for both plaintiffs and defendants. He litigated, tried, and argued at state and federal appellate courts in significant cases in such diverse areas of law as breach of fiduciary duty, lender liability, legal and other professional negligence, civil fraud, various business torts, complex commercial litigation, partnership disputes, estate and will litigation, and personal injury. He defended numerous jury trials involving various claims of wrongful employment practices and discrimination. From the early 1980’s until 2015, he was the primary attorney for the Lexington Herald-Leader in libel, Open Meetings, Open Records and First Amendment matters.
In 2004, Bobby joined a primarily plaintiff firm that was most recently Elliott, Houlihan & Skidmore. There for the next 10 years, he litigated and tried significant medical negligence cases for plaintiffs throughout Kentucky. He continued to represent the newspaper, and did defense practice on a selective basis representing lawyers in legal negligence cases and parties in complex commercial cases.
Bobby is now devoting full time to being a mediator, arbitrator and any role where he can help people, lawyers and courts resolve disputes.
Bobby was elected to the Board of Governors of the Kentucky Bar Association from 1985 to 1990. He was on the KBA Evidence Rules Study Committee chaired by Prof. Robert G. Lawson, which led to adoption of the Kentucky Rules of Evidence in 1992. He taught Litigation Skills and coached Mock Trial teams at UK College of Law from 2004 to 2010. Several of his mock trial teams advanced to the final national competition and one was national runner-up in the Black Law Students Association Mock Trial Competition. Throughout his decades of practice, Bobby has taken special interest in mentoring younger lawyers.
About Houlihan Dispute Resolution PLLC
Founded in 1974
25 people in their team
Practice areas
Languages spoken
Practice areas
Lawsuits & Disputes
Mediation. The mediator facilitates exploring and finding potential ways to settle disputes. The exact process employed will vary and be determined by the mediator in consultation with counsel. Preparation is an essential part of the process. Telephone contact with counsel for each party before the mediation is standard operating procedure. In some cases, we will have pre-mediation telephone conferences with all counsel. . In appropriate situations, we may have face-to-face meetings with counsel, even on occasion with their client present.
Evaluative Mediation. In some cases, but only at the request of counsel, a mediator may provide feedback about the relative strengths or weaknesses of legal and factual positions, ranges of potential damage awards, or settlement values.
Dispute Evaluation, Risk Assessment & Counseling. We confidentially assist a party confronted with a dispute by evaluating claims and defenses, assessing the risk of an adverse result and suggesting options for dispute avoidance, risk reduction and resolution of claims.
Pre-suit Mediation. Mediation of disputed matters before suit is filed can be successful in appropriate cases. We have succeeded in (a) evaluating whether pre-suit mediation is appropriate, and then (b) mediating even very highly charged disputes before suit was filed. Not every case is appropriate for this, but a few are and participants are typically happy they at least tried. In most instances, there is little downside. We encourage our customers, and potential customers to call and discuss this alternative.
Binding Arbitration. Under an agreed set of rules and procedures, the Arbitrator makes binding pre-hearing decisions (such as scheduling, discovery and evidence) and then presides over the presentation of proof and post-hearing submissions culminating in a binding dispositive decision.
Non-Binding Arbitration. This process is structured like a binding arbitration, but is advisory only. This approach can be modified to to fit the nuances of a particular situation and provide a highly credible evaluative tool.
Court Appointed Special Master/Discovery Master. When appointed by Court Order, a Special Master can rule on discovery issues in highly contentious situations, sometimes in real time, or facilitates settlement negotiations or mediation.
Dispute Review Board and Standing Neutral. Given the complexity and duration of construction projects (frequently lasting for months or years), questions, misunderstandings and disagreements between project participants are not uncommon. To discourage disputes and claims as early as possible, a Dispute Review (usually a panel of three neutrals) or a single Standing Neutral are retained when the project begins. They remain on call to assist the parties as issues arise and, on request, will make recommendations or findings, which can be non-binding or binding unless subject to review in legal proceedings.
Guided Choice. Guided Choice is a multi-faceted process through which a neutral adviser, facilitator or mediator serves as a guide to the dispute resolution process. The neutral may advise the parties during contract formation about the dispute resolution process suited for the particular project or transaction. Or the mediator may work independently and confidentially with the parties to develop the customized ADR process after a dispute arises. If a dispute arises, the key for Guided Choice is getting the mediator involved early in the dispute resolution process. The Guided Choice mediator customizes the process to comport to the intricacies of the dispute, the personalities of the key decision makers and the corporate cultures of the involved companies. The Guided Choice mediator assists the parties in preparing for negotiations, anticipates potential impasses, develops means to avoid those likely stalemates in settlement discussions and designs the most efficient ways to resolve the disputes.
Partnering. The neutral is retained by the parties shortly after a contract is signed and facilitates face-to-face discussions for the purpose of setting joint project goals and promoting cooperation and trust between the parties. Partnering sessions typically result in an agreed statement of principles that will govern the relationship going forward. Partnering may be particularly appropriate for lengthy projects.
Independent Investigation. We conduct independent, neutral fact investigations for both private parties and for public bodies.
Charges. Standard hourly rate is $300 and direct expenses (including travel expense when authorized).