Mediator Resume

Mayans Mediation & Arbitration

Mediator/Arbitrator

Managing Member, Mayans Mediation & Arbitration, 2017 – Present; Partner, FitzGerald Mayans & Cook P.A, 1996 – 2017; Partner/Associate, Moyle Flanigan Katz FitzGerald & Sheehan P.A., 1985 – 1996; Associate, Smith & Schnacke A Legal Professional Association, 1981 – 1985.

Has been involved in general commercial litigation (excluding personal injury) since graduating law school in 1981. While experience has centered on contract disputes and business torts, has also handled cases involving partnership/shareholder disputes, probate, wills & trusts matters, employment law, eminent domain, real estate tax appeals, construction defects, trademark infringement, appeals, and healthcare (primarily disputes between doctors and practice groups). In addition, has served in volunteer leadership positions with community and governmental entities, including the American Red Cross (chapter chairman for one of the nation's 30 largest chapters); the largest festival/arts event in Florida (executive committee member and legal counsel); a county-wide chamber of commerce (board member and ethics task force chair); a city planning board (chair); a city zoning board (vice chair); five city committees (all mayoral appointments with commission approval); and a neighborhood association (president).

Has been engaged in an active mediation practice since 1995. The majority of mediations handled has been in the federal and state courts, but has also mediated pre-suit disputes, arbitration cases, appeals, and matters referred by the American Health Lawyers Association and the Florida Department of Financial Services.

Handled employment cases, construction cases, contract disputes, commercial matters of all types, corporate derivative claims, real estate disputes, eminent domain cases, probate disputes (three of which involved estates worth in excess of $100 million), and cases involving municipalities, governmental entities, and state agencies.

To engage fully in the settlement process, to discuss candidly the disputed issues, to explore creatively new settlement possibilities; to evaluate dispassionately the available choices, and to advocate strongly for the benefits of a negotiated resolution.

Duke University (JD-1981); Vanderbilt University (BA, English/Business Administration, magna cum laude-1978).

Admitted to the Bar: Florida (1985), Ohio (inactive-1981).

Palm Beach County Bar Association (ADR Committee, Past Chair); International Mediation Institute (IMI) Certified Mediator; Florida Academy of Professional Mediators (Diplomate); National Academy of Distinguished Neutrals.

"Memorializing the Mediation Agreement," PALM BEACH COUNTY BAR ASSOCIATION BULLETIN, September, 2016; "Settlement Authority in Mediation," PALM BEACH COUNTY BAR ASSOCIATION, October 2014; "Mediation Strategies for Cases That Cannot Be Settled," PALM BEACH COUNTY BAR BULLETIN, October 2010; "Five Practical Tips for a Successful Mediation," PALM BEACH COUNTY BAR BULLETIN, June, 2007; "Corporate Clients and ADR," PALM BEACH BAR ASSOCIATION BULLETIN, September 1995; "Mediation Is One Alternative to Our 'So, Sue Me' Society," PALM BEACH POST, May 22, 1995; "Housing Dispute? Try Mediation Instead of Courtroom," PALM BEACH POST, April 7, 1995; "Alternative Dispute Resolution...Part of the Solution," PALM BEACH BAR ASSOCIATION BULLETIN, October 1994.

Hourly Rate: $375.00 Daily Rate: Not provided Study Rate: $375.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: Hourly rate applicable to study time. No charge for cancellation.

English

United States of America

West Palm Beach, Florida