Mediator Resume

Saltarelli ADR LLC

Arbitrator, Mediator

Saltarelli ADR LLC, 2018 - Present; Partner, Butler Rubin Saltarelli & Boyd LLP, 1981 - 2017; Partner/Associate, Winston & Strawn, 1973 - 1981.

Fifty-two years of experience in complex, commercial litigation. Jury and bench trials in breach of contract and fraud actions, business torts, insurance coverage disputes, broker/producer actions, antitrust, products liability, trade secret and restrictive covenant matters, professional liability, and dealer/franchise litigation. In coverage matters, represented both insurers and policyholders in general liability, professional liability, and workers compensation disputes. Appellate experience before both state and federal courts of appeal. Court-appointed liaison counsel for defendants in products liability actions involving multiple plaintiffs and defendants. Lectured Chicago Bar Association and IICLE programs on rules of evidence, bad faith litigation, proof of damages, and discovery.

Experience includes the following subject areas: commercial liability and title insurance; insurance brokers; healthcare; long term supply agreements; asset purchase and merger agreements; executive employment contracts; tax shelters; accountants’ liability; distribution and franchise agreements; product performance; antitrust.

-Coverage for product recall claim and alternative claim against broker for failure to procure appropriate policy; -Performance under long-term medical/drug testing contract; -Claimed breaches of representations and warranties in sale of businesses under asset purchase and merger agreements; -Mediated disputes between medical providers and health insurers concerning reimbursement for services rendered to insureds/subscribers; -Claim against title insurer for bad faith and wrongful denial of coverage; Claim by former CEO for fraud in termination of employment and de-equitization. -Claim against manufacturer of wind turbine for defective design and fabrication; -Claim by client against accountants for failure to discover fraud of management; -Dispute between producer and importer over termination and renegotiation of long-term distribution agreement. -Dispute between franchisor and franchisees regarding option to purchase franchise stores.

A successful mediation requires parties who desire to resolve their dispute, sufficient knowledge of the facts, and a hard-working mediator. Once educated and armed with a full understanding of the legal and factual issues that drive the dispute, I explore the parties’ interests, sensitivities, and goals. I do that through a written submissions, joint meetings, and separate caucuses with the parties, and sometimes only with counsel. This exploration, coupled with the exchange of proposals and counter-proposals, may reveal of an area or areas of possible agreement. In further narrowing the area of possible agreement, I may suggest, when appropriate, settlement structures, options, or ranges. I may also employ a more evaluative approach. There are certain occasions when a mediator's concerns or questions regarding a claim or issue may assist a party in reaching a more realistic or more definitive assessment of its position. But more important than specific steps or techniques is the need to develop of sense of partnership and shared purpose with each party and its counsel. Mediation is much more than shuttle diplomacy. Accordingly, I strive to work on behalf of and build trust with each party, fairly and equally, to reach an acceptable resolution.

University of Chicago (JD-1973); State University of New York at Buffalo (MS-1970); Princeton University (AB-1969).

Admitted to the Bar: Illinois (1973); U.S. District Court: Northern (1980) and Central (1980) Districts of Illinois, Western District of Michigan (1999), Eastern District of Wisconsin (1980); U.S. Court of Appeals: Seventh Circuit (1982), Eighth Circuit (2007), Tenth Circuit (1983), District of Columbia Circuit (2000).

College of Commercial Arbitrators, American and Chicago Bar Associations

Speaker, Spring ARIAS Conference, May 2011; "Who Pays Defense Costs While Insurer and Policyholder Fight About Coverage," Corporate Counsel, March 2006; "Nobody Looks Good In An Orange Jumpsuit: What You Should Know About Sentencing For Criminal Antitrust Violations," Corporate Counsel, September 2005; "Are Your Distributors Actually Franchisees?" Corporate Counsel, March 2004; "A Pain in the Assets: Avoiding Successor Liability," Corporate Counsel, October 2003; "Firing Your Customer - Facing the Challenges of Changing Your Distribution Network," Corporate Counsel, September 2003; "We're Safe as Long as We Meet Outside the U.S. and Other Fairy Tales About the Scope of the U.S. Antitrust Laws," Corporate Counsel, December 2002; and "Attorney-Client Privilege and Work Product Protection After the Waste Management Decision," Coverage, Committee on Insurance Coverage Litigation, American Bar Association, November/December 1994.

Hourly Rate: $800.00 Daily Rate: Not provided Study Rate: $800.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment:

English

United States of America

Deerfield, Illinois