Mediator Resume

Forty years in commercial and civil jury trials, state and federal courts, AAA arbitrations, administrative hearings. Key areas of concentration: 1. Franchise and distribution - representation of franchisors, master franchisees, larger franchisees in trials, preliminary injunction hearings, and other contested proceedings in U.S., including MA, RI, CT, NH, ME, NY, PA, NJ, TX, MN, SD, CA, VA, MD, FL, GA, HI, DC, Puerto Rico, in wide variety of litigated claims, including franchise termination, standards enforcement, proximity, territory disputes. 2. Trademark litigation 3. Representation of lawyers in malpractice claims arising out of their representation of franchisors and franchisees 4. Unfair trade practice claims.

Arthur L. Pressman Dispute Resolution Services LLC - principal/owner Boston University School of Law - Adjunct Law Professor

Full-time Arbitrator; Mediator; Adjunct Law Professor, Expert Witness

Principal, Arthur L. Pressman Dispute Resolution Services LLC, 2017 - Present; Adjunct Faculty, Boston University School of Law, 2012 - Present; Equity partner, Nixon Peabody LLP (BOS), 2003 - 2017; Capital partner, Buchanan Ingersoll PC (PHL), 1998 - 2003; Adjunct faculty, Temple University School of Law, 1992; Founder and Partner, Abraham Pressman Bauer PC (PHL), 1973 - 1997; Associate, Pepper Hamilton & Scheetz (now known as Troutman Pepper) (PHL), 1971 - 1973.

Civil trial lawyer/equity partner at Nixon Peabody LLP, based in Boston (17 years). Civil trial lawyer/capital partner at Buchanan Ingersoll LLP, based in PHL (5 years) (17 years).) Founder/owner, civil trial lawyer at Abraham Pressman & Bauer PC, based in PHL (25 years). Associate, Pepper Hamilton & Sheetz, PHL Tried state and federal civil jury and bench trials in MA, NJ, MN, SD, VA, FL, CA, MI, PA, NY, PR, including trademark, franchise, civil RICO, vicarious liability, lawyer/client disputes and unfair trade practice claims. Litigated more than 50 preliminary injunction hearings in state and federal courts. Argued before 1st, 2d, 3d, 8th Circuits. Adjunct faculty, Boston University School of Law, 2012-2025. Taught ADR, Professional Responsibility, Civil Trial Seminar, Negotiation. Adjunct faculty, Babson College, MBA program, 2006-2008. Taught franchising. Lectured at Bar and professional meetings from 1990 to date on multiple franchise-related topics

Full-time independent neutral since 2017. Mediated more than 250 franchise and distribution cases in person and remotely throughout U.S, including large group and association claims. Cases include contract claims, rescission claims, fraudulent inducement claims, accidental or inadvertent franchise claims. proximity or exclusive territory claims. partnership claims, employment misclassification claims, improper disclosure claims, real estate and LLC disputes, business divorces, valuation disputes, lost profits claims, claims by groups and associations, claims arising under franchise and distribution agreements, intellectual property claims, international franchise termination, breach of good faith covenants, fraud, partnership, claims between lawyers and clients, financial and related claims. Certified by International Mediation Institute 2019 (approximately 125 IMI certified mediators in US) based on peer review of more than 25 mediations conducted in 2018, covering disputes involving franchises, IP, trademark infringement, breach of contract, fraudulent inducement, termination, food safety, breach of covenant of good faith and fair dealing, and related topics. Distinguished Fellow, International Academy of Mediators, 2020. Fewer than 200 IAM Fellows worldwide. Peer-review, by invitation-only. Diplomate, National Academy of Distinguished Neutrals, arbitrators and neutrals chosen by peers for inclusion. Teach mediation at Boston University School of Law in the American Law Program for international lawyers and law students, and have taught mediation and negotiation internationally at Chuyo Law School, Tokyo, Japan and Translegal Institute, Shanghai, China. Have been expert mediation and mediator assessor at the IBA VIAC Mediation and Negotiation Competition in Viena, the LEX INFINITUM Mediation Competition in Goa, India and the ICC Mediation Competition In Paris, France. Regular contributor on mediation related topics to franchise and mediation focused media, including The Franchise Lawyer, published by American Bar Association, and the mediate.com website. Frequent faculty at International Franchise Association, American Bar Association Forum on Franchising programs on dispute resolution in franchising (most recent 2022 ad 2023). Regular attendee at educational programs of AAA, Dispute Resolution Section (most recent April 2024).

Have mediated more than 250 franchisor/franchisee claims since becoming full-time mediator in 2017, including aggregate actions by groups of franchisees, fraudulent inducement claims by franchisees, claims of misclassification as franchisees and not employees, claims related to alleged misrepresentations in franchise sales process and FDDs; alleged breaches of restrictive in-term and post-term covenants; claims of failure of support; disputes between competing franchisees; unfair trade practice, trademark infringement, fiduciary duty breaches, intellectual property disputes, breach of contract, breach of lease, breach of implied covenants, 93A, COVID related breaches, real estate disputes, business and LLC disputes, franchise disputes, contract termination, rescission, inadvertent/accidental franchise claims; disclosure deficiencies, breach of management duties, unraveling of relationship, advertising fund misappropriation; encroachment/proximity, and association claims. In lawyer/client disputes, issues have included allegations of over-billing, lawyer malpractice, ethical issues.

Approach to mediation is respectful, fair, honest, creative, persistent and encouraging. Evaluative when required. Keenly aware of parties' interest in expeditious and cost effective dispute resolution. Very interested in clients being heard and part of the process. Mediation offers the parties maximal flexibility to frame their own process and their own resolution, based on what's important to them. All parties deserve to be treated with respect, understanding and empathy. It's not the mediator's job to impose a suggested resolution on any party; he or she helps the parties realize what resolution is in their best interests, given all the alternatives. I like to begin work on resolution immediately upon engagement by calls with lawyers to identify issues, overcome discovery disputes and focus parties on principled and durable resolution asap. Am a graduate of EDR institute and a proponent of Early Dispute Resolution including risk analysis. My mediation references include many lawyers against whom I litigated when I was in private practice, and many repeat lawyer customers (both franchisee and franchisor counsel). Their willingness to seek my assistance as a mediator shows their confidence in my fairness, impartiality, management of the process and knowledge of how disputes are resolved, and most importantly, their clients' satisfaction with my service.

Proficient in Zoom, Teams. Conducted multiple remote proceedings, mediations and arbitrations, and has used Zoom for remote teaching since February 2020 in Boston University School of Law classes. Spanish language working proficiency.

Temple University (JD - 1971); University of Pennsylvania (BA - 1967).

Admitted to the Bar: Massachusetts (1999), New York (1989), Pennsylvania (1971); U.S. Court of Appeals: First Circuit, Second Circuit, Third Circuit, Eighth Circuit, Eleventh Circuit; U.S. Supreme Court.

Fellow, Chartered Institute of Arbitrators (2019); Distinguished Fellow, International Academy of Mediators (2020); Diplomate, National Academy of Distinguished Neutrals (2021); Certified International Mediator, International Mediation Institute (2019); American Bar Association, Forum on Franchising, Governing Committee (1995-2002), First Chair, Litigation and Dispute Resolution Division (1995-1997); Officer, International Bar Association Mediation Committee; Board Chair, South Coastal Counties Legal Assistance (2009-2016)

"Discovery Dilemmas and Opportunities: Ethical, Practical and Legal Issues in the Discovery Process," American Bar Association Forum on Franchising 2001 "How to Be Effective Advocate in Mediation," American Bar Association Forum on Franchising 2005 "Maximizing Insurance Benefits for Franchise Clients," American Bar Association Forum on Franchising 2007 "The Sometimes Blurry Line Between Independent Contractors, Franchisees and Employees," American Bar Association Forum on Franchising 2009 "The Strategy of Arbitration," American Bar Association Forum on Franchising 2012 "Franchise Law Demystified," Massachusetts Continuing Legal Education 2015 "Labor/Employment Law Collides with Franchise Law: Holy Cow! Where Are We Going"", International Franchise Association Annual Legal Symposium, Plenary Session, Moderator and program planner 2015 "Applicable Law and Jurisdiction in Franchising, Commercial Agency and Distribution Agreements," International Journal of Franchise Law, vol. 13, issue 6, 2015 (co-author) "10 Things an Arbitrator Hates about Arbitration, with Apologies to William Shakespeare and Heath Ledger," Mass. Bar Assn., Jan/Feb 2023, reprinted from American Bar Association "The Franchise Lawyer," Summer 2022 International Franchise Association 2021 Legal Symposium, Plenary Panel, "Trail Blazers Perspective: Historical Perspective on Today's Challenges International Franchise Association 2022 Legal Symposium, "Mediation of Franchise Disputes," moderated by Sherin Sakr, General Counsel, WellBiz Brands, Inc. Complete list of articles at arthurlpressman.com.

Does not charge travel time for any engagement. Willing to serve at in-person proceedings throughout United States and internationally. Available for remote assignments via Zoom or similar technology throughout the United States and internationally without any travel or technology charges.

Hourly Rate: $600.00 Daily Rate: Not provided Study Rate: $500.00/hr Cancellation: $1,000.00/Day Cancellation Period: 3 Days Comment: Hearing and study rate are divided between the number of parties. Does not charge travel time for any engagement. Willing to negotiate/cap travel expenses for any engagement.

English

United States of America

Boston, Massachusetts