Mediator Resume

Over 52 years has worked in two national law firms (in New York and Miami) and had own 15-lawyer commercial litigation firm for 15 years.

Frank Sexton ADR - Founder and Owner

Arbitrator, Mediator

Arbitrator & Mediator, Frank Sexton ADR, 2018 - Present; Attorney, Roig Lawyers, 2016 - 2018; Partner, Levine Kellogg, 2014 - 2016; Partner, Fowler Rodriguez Valdes Fauli, 2010 - 2014; Attorney, Concepcion & Associates P.A., 2005 - 2010; Attorney, Silverio & Hall P.A., 2001 - 2005; Shareholder, Akerman Senterfitt & Eidson, 2000 - 2001; Founding Partner, Concepcion & Sexton LLP, 1989 - 2000; Partner, Hughes Hubbard & Reed, 1987 - 1989; Partner/Associate, Sage Gray Todd & Sims, 1976 - 1987; Associate, Olwine Connelly Chase O'Donnell & Weyher, 1974 - 1976.

Has over 52 years of experience as a civil, commercial trial lawyer, with 50% of practice in banking, insurance, business disputes and securities litigation, 30% contract disputes, and 20% intellectual property and products liability law matters. Clients included German, Spanish, Latin American and Venezuelan banks and numerous foreign individuals and companies. Has had extensive experience litigating for international logistics providers, lenders and financial institutions; and has litigated extensively in the fields of sales, secured transactions, commercial paper, and real estate; international logistics. Insurance disputes and claims; both property and injury claims. has had a very broad range of litigation experience.

A certified Circuit Court Mediator for over 20 years, and until 2019, remained a full-time litigator during the entire period and therefore mediated only significant commercial cases with substantial damages sought and complex issues involved. Since 2019, a full time mediator in all types of civil cases---commercial, business, real estate, probate and insurance disputes. Mediated cases include: State court case where the plaintiff was a corporation that loaned needed working capital to businesses. Defendant provided banking and the wealth management services to businesses and had borrowed many hundreds of thousands of dollars from the plaintiff. The loan agreements and promissory notes were extremely complex, and there bona fide issues as to whether the alleged security interests were viable and effective and whether the debt had been wholly or partially converted into equity in the borrower. There were also considerations as to whether the notes were enforceable because tax due thereon had not been paid and also, whether the obligations carried a usurious rate of interest. The case was successfully mediated. Have mediated scores of property and casualty insurance disputes. Real estate management corporation sued a condominium association for breach of a management agreement after plaintiff had allegedly discovered structural problems with the property and the defendant association had allegedly improperly canceled the management agreement. The case involved interpretation of the management agreement which was complex and open to different interpretations, as well as construction issues (each party brought construction experts to the mediation). The results ended being successfully mediated. Successfully mediated a case that was pending in the United States District Court for the Southern District of Florida for years. Plaintiffs were freight forwarders and non-vessel-owner-common-carriers for hire. During their business relationship with defendants, plaintiffs had transported or forwarded cargo by the ocean and air from various foreign locations to locations in the United States, under agreements and booking orders placed by the defendants. Plaintiffs alleged that they had satisfied their obligations by shipping defendants' cargo and by prepaying the freight to the ocean or air carriers, and by forwarding or transporting, and delivering the cargo according to the booking orders and instructions. Defendants alleged that plaintiffs had not performed adequately; that the freight charges were exorbitant and violated the parties’ agreements. Plaintiffs had also asserted that they would prove that the several defendants were alter egos of one another and would establish that at trial. There were several foreign nationals involved from every country in Latin America and Spain, many alleging of lack of personal jurisdiction (under the Hague Convention); lack of subject matter jurisdiction; and inadequate service of process. Since 2019, has mediated dozens of insurance claims, both personal injury and property and casualty.

Issues involved in cases mediated have included: the viability and enforceability of lending and security agreements; reasonability of freight charges; interpretation of international logistics and shipping agreements; Florida courts’ personal jurisdiction over foreign defendants; whether parties were alter egos of other parties; construction defects; whether members of a limited liability company violated their statutory and common law/fiduciary duties to other members; insurance claims, both personal injury and property claims.

As a commercial litigator of over 47 years, I have enjoyed the practice and would “do it all over again,” but have seen the negative and sometimes devastating effects of litigation not only on individuals but businesses, even large ones. Litigation is unpredictable, and has become extremely contentious and unpleasant, and is a process that few, even large companies, can afford. While realizing that there are some cases that must be tried “to the bitter end,” most do not, I believe strongly that most cases should be resolved peacefully, and early in the process. Anything else is too destructive. While loving the courtroom process, I deeply believe in settlement through tenacious, creative mediation, where all the parties feel that they walk away if not winners, certainly not losers.

Proficiency on Zoom, Google Meet; Dragon dictation software, drafting with AI.

Georgetown University (JD-1974; BA-1971).

Admitted to the Bar: New York (1975), Florida (1982); U.S. District Court: Southern District and Eastern Districts of New York, Southern and Middle Districts of Florida, District of California, District of Utah, District of Michigan; U.S. Court of Appeals: Second, Tenth, and Eleventh Circuits.

Florida Bar, New York Bar, Dade County Bar Association (Alternative Dispute Committee); Coral Gables Bar Association; Miami International Arbitration Society; Doral Bar Association, South Miami/Kendall Bar Association; Florida Lawyers' Network.

From Palm Beach, Florida to Key West, Florida.

Hourly Rate: $550.00 Daily Rate: Not provided Study Rate: $550.00/hr Cancellation: $550.00/Day Cancellation Period: 2 Days Comment: No charge for cancellation if rescheduled at time of cancellation.

English

United States of America

Miami, Florida