Mediator Resume

Arizona (active) and California (inactive) AV Preeminent® rated attorney in his 43rd year of practice in the areas of business, real estate, construction, technology, and organizational dispute resolution and transactions. Adjunct Professor of Arbitration Law at Arizona State University School of Law. Southwest Super Lawyer® in Alternative Dispute Resolution (“ADR”), and one of Arizona’s Top-Rated Lawyers from 2014 to the present in the areas of ADR, Business and Commercial law in LEGAL LEADERS. Commercial arbitrator since 1991. Fellow, College of Commercial Arbitrators. Fellow, American College of Civil Trial Mediators. Arbitrator and Mediator on the panels of the AAA, the ICDR, and the National Academy of Distinguished Neutrals (“NADN”).

The Lassiter Law Firm - Full-Time Mediator & Arbitrator

Attorney, Mediator, Arbitrator

Attorney, Mark E. Lassiter P.C. d/b/a “The Lassiter Law Firm”, 2012 - Present; Partner/Management Committee Member/Department Head: Commercial Litigation and Dispute Resolution Section, Davis Miles McGuire Gardner PLLC, 2009 - 2012; Founder and Managing Member, THE LASSITER LAW FIRM, P.L.C. (and predecessor law firms), 1998 - 2009; Attorney, Roberts & Rowley, 1995 - 1997; Special Counsel/Vice President of Special Projects, inVzn (Software) Development Corporation, 1994 - 1995; Attorney, Ivanjack & Lambirth, 1992 - 1994; Attorney, Kerry Garcia & Lewis, 1991 - 1992; Attorney, Mark Lassiter & Associates, 1987 - 1991; Attorney, Spierer Woodward et al, 1984 - 1987; In-house Counsel, Ryan-McFarland (Software) Corporation, 1983 - 1984.

Over 43 years of practice as a civil trial attorney (and over 35 years of experience as an AAA Commercial Arbitrator) specializing in business, real estate, construction, technology, and organizational dispute litigation (80%) and related transactions (20%), including disputes, arbitration, litigation, trials and transactions arising from claims involving: commercial breach of contract; breach of fiduciary duty; misappropriation of trade secrets; unfair competition; and other business torts; employment compensation and covenant not to compete disputes; business insurance coverage disputes; church and not-for-profit organization matters, including matters involving alleged pastoral staff sexual abuse and impropriety; business buy-sell and sale of business disputes; dissolutions of corporations, partnerships, and limited liability companies (“LLCs”); “business divorce” disputes among partners, shareholders, members and other business principals; construction contract claims arising from private commercial, industrial, retail and residential construction projects; commercial real estate loan transactions and disputes; disputes arising from real estate purchase and sale contracts, commercial real estate leases, IRC §1031 tax deferred exchanges, escrows, and the co-ownership of real property; technology and software licensing agreements; computer technology and/or software disputes; and securities law violations. Considerable experience and expertise in provisional remedies and emergency relief (e.g., injunctions, receiverships, and pre-judgment asset seizures), and in electronic evidence discovery of Electronically Stored Information (“EED/ESI”) matters. Appointed by the Maricopa County (Phoenix) Superior Court as a receiver (2005) to take over the affairs of a law firm embroiled in a dispute amongst its partners and as a special master (2006) in a limited liability company dissolution matter and in various discovery disputes (2023-2025). Principal trial lawyer in commercial real estate fraud case resulting in seven figure jury verdict that was one of the Top 10 Arizona Civil Jury Trial Verdicts in 2017, as reported in ARIZONA ATTORNEY magazine (#10).

Mediation of business, real estate and construction disputes including: - Purchase and sale of businesses and business interests; - Commercial Landlord-Tenant Disputes (e.g., unpaid rent and tenant improvements); - Commercial Lending Disputes between Lenders, Borrowers and Guarantors on Loan Deficiency matters; - Business 'Divorce' Matters, including dissolution proceedings or 'Buy-Outs' of interests in closely held businesses involving principals, shareholders, partners, members and other stakeholders; - Creditor-Debtor Disputes (e.g., private party loans by family members or non-institutional lenders); - Disputes between Commercial Lenders, Title Company and Construction General Contractors over title insurance coverage and mechanic's lien attachment and priority issues; - Disputes between expert witness appraisers and persons alleged to have been damaged by incorrect appraisals.

Mediation of: - Commercial Landlord-Tenant Disputes involving balance due on a Class A Commercial Office premises occasioned by the abandonment of the premises by a business tenant before the expiration of the lease term; - Commercial Landlord-Tenant Disputes between a commercial landlord and a public university tenant involving balance due on a Class A Commercial Office premises occasioned by the failure of a lease to properly describe the number of square feet in the Premises according to BOMA standards where the landlord built out more square feet of tenant improvements than the tenant agreed to lease, but where the tenant relied upon the landlord's space planner's erroneous floor plan in electing to lease the Premises (i.e., the floor plan erroneously represented more square feet than either the landlord or tenant agreed to lease, but the mistake was not discovered until after the TIs were built out and occupied by the tenant); - Commercial Lending Dispute between residential condominium developer and commercial bank regarding the loan deficiency on a multi-million dollar defaulted loan - including the application of Arizona's 'Fair Value' limitations on such deficiencies; - Commercial Lending Dispute between residential developer and commercial bank regarding the loan deficiency on a multi-million dollar defaulted loan - including the application of Arizona's 'Fair Value' limitations on such deficiencies; - Business 'Divorce' Matters, including dissolution proceedings or 'Buy-Outs' of interests in a 20 year old law firm whose partners were separating; - Creditor-Debtor Disputes involving private party loan by daughter to father, the terms or existence of which were later disputed by the father and his new wife; - Dispute between Commercial Lender, Title Company and Construction General Contractor over lien priority issues pertaining to a 35 story commercial condominium development involving title insurance coverage and mechanic's lien attachment and priority issues; - Dispute between business valuation expert witness appraiser divorced couple where Claimant spouse claimed to have settled divorce in reliance upon '7 figure' business appraisal valuation where other spouse that kept the business sold it 8 months later for '8 figures.'

I do both traditional mediation and the emerging EDR Mediation (for "Early Dispute Resolution Mediation - see https://www.edrinstitute.org/). I have special training in quantifying risk and likely outcomes to value the case and develop realistic settlement goals. I believe that mediation is best undertaken as a process, and not merely an "event." Sometimes there's just too much to do in, say, a half day allotted by the parties to do a "mediation." (I have often seen cases settle after the mediation event because a mediator didn't give up and pursued new ideas not discussed at the mediation). Hence, I make it a point to talk to and get to know the parties and their counsel before the mediation session. While the parties and their counsel usually easily self-identify their positions in the matter, I make a special effort to understand the values and interests that inform and animate the parties' respective positions. I also try to understand and assess the personality types of the various parties and their counsel and how they may militate for or against using particular approaches to my task as a mediator (e.g., Early Dispute Resolution ("EDR"), facilitative, evaluative and/or transformative) and the kinds and types of information that may impress them to settle. Generally, my mediation style for both EDR and traditional mediations borders on a combination of facilitation and (where permitted) evaluation of the parties' respective positions, offers, interests and values. I am uncomfortable with merely assuming the role of a "facilitator" (i.e., a mere "messenger" of money offers back and forth between the parties without serious critique or assessment), as I believe such mere "facilitation" never really gets to the "root" or reasons for the parties' positions without which settlements don't usually occur. (I've seen cases settle for a mere apology, when all of the lawyers had assumed it was all about "the money"). I find that without really understanding the parties' interests, settlements are next to impossible. I also strive for the "Three Satisfaction Ps" of a successful mediation: First, Personal satisfaction (i.e., the parties and their counsel felt like they were treated with dignity and respect); Second, Process satisfaction (i.e., the parties and their counsel felt like they were given an adequate notice and opportunity to understand and prepare for the mediation process, to explain or vet their case, and that their positions, interests and values in the dispute were heard, understood and communicated to the other side, where appropriate); Third, Product satisfaction (i.e., if a settlement is reached or, in the absence of a settlement, an alternative dispute resolution process is adopted for the determination of the matter, it is well documented and capable of being enforced by a court, if necessary). While I see my role as helping the parties settle their own dispute, if they are unable to do so for any reason then I am not afraid to offer a candid, no-holds-barred, non-binding assessment about how I think a judge, jury or arbitration tribunal would rule in the case, but I normally do so (if at all) at the end of the mediation session if the case has not otherwise settled and only after presenting such thoughts to counsel for the parties. I will also usually leverage the goodwill that I have developed with the parties during the mediation process to tell them what I think might be a workable and appropriate settlement, but usually do this only after all other avenues may have been exhausted without success.

Former Chair, State Bar of Arizona's Technology Committee and Member of its Subcommittees on Cloud Computing & Law Practice Management; Electronic Evidence Discovery & Electronically Stored Information; Data Security & Cyberliability; and Computer Aided Evidence Presentation). Expert in computer aided evidence presentation and case management. Power user of all Microsoft Office products and Adobe Acrobat Pro.

Northern Arizona University (Advanced Graduate studies towards MA in Project Management-2012); Loyola Law School (JD-1983); University of California at Los Angeles (BA, cum laude-1980).

Admitted to the Bar: Arizona (1995), California (1983-inactive); U.S. District Court: Central District of California (1983), District of Arizona (1995); U.S. Court of Appeals, Ninth Circuit (1983).

Adjunct Professor of Arbitration Law at the Sandra Day O'Connor College of Law at Arizona State University; Fellow, College of Commercial Arbitrators; Fellow, American College of Civil Trial Mediators; Member, National Academy of Distinguished Neutrals; State Bar of Arizona (Member, State Bar of Arizona's Business, Real Estate, Construction, and Alternative Dispute Resolution Sections); Former Chair, State Bar of Arizona's Technology Committee and Member of its Subcommittees on Cloud Computing & Law Practice Management; Electronic Evidence Discovery & Electronically Stored Information; Data Security & Cyber-liability; and Computer Aided Evidence Presentation; State Bar of California (inactive).

CLE Panelist and Author: "Arbitration 101 - What Every Advocate Should Know" (first AAA on-line Internet CLE Video Program). Has chaired and/or given numerous continuing legal education presentations nationwide to such groups and for such events as the College of Commercial Arbitrators; the American Arbitration Association; the Institute for Commercial Dispute Resolution; the American Bar Association's Advanced Arbitration Training and Advanced Mediation Training Institutes; the Federal Bar Association; the National Institute for Trial Advocacy; other state and county bar associations; and legal groups on such topics as: "Arbitration Boot Camp," "Private Arbitration Update," "AAA Arbitration," "What Every Business Lawyer Should Know About Business Insurance," "How to Handle a Commercial Arbitration Case," "Arbitration Strategies and Techniques," "Private Arbitration in Arizona," "Drafting Arbitration Clauses and Agreements," "The Promise, Problems & Pitfalls of Interim Relief and Provisional Remedies in Arbitration," "Advanced Arbitration Topics," "Reasoned Arbitration Awards," and "Arbitrator Ethics."

Will charge for travel expenses and half-rate for travel time.

Hourly Rate: $650.00 Daily Rate: Not provided Study Rate: $650.00/hr Cancellation: Not provided Cancellation Period: 10 Days Comment: Hourly rate applies to study time, preliminary hearings, conference calls, and communications with counsel & AAA staff. Willing to serve throughout the U.S.A. No charge for out-of-state travel within the continental U.S.A. or within Arizona. Will bill for actual expenses for food, lodging and travel (prevailing IRS rate for mileage if by automobile). Cancellation/postponement policy: If any hearing dates are cancelled for any reason, and notice of same is not received at least 10 business days before the first hearing date, then 4 hours will be billed for each cancelled hearing day. These charges shall apply unless another matter can be scheduled in its place.

English

United States of America

Tempe, Arizona