Mediator Resume

Have served as arbitrator in a wide range of consumer matters, including pro se and appellate panels on which served as the chair of the three person panel. Have handled mass claims arbitrations, desk arbitrations, and virtual hearings and requests for emergency relief. Among the legal issues have resolved are matters alleging violations of the for example the following: TCPA, FDCPA, CLRA, Lemon law, Reg. E and banking fees, Fair Credit Reporting Act, warranty and credit card fees, privacy and security breach, overdraft fees, credit reporting, automobile repossession.

JSJ-ADR – Full-time Neutral Practice University of Florida, Levin College of Law – Director, Institute for Dispute Resolution

Attorney, Arbitrator, Mediator, Trainer

Full-time Neutral, JSJ-ADR, ; Associate General Counsel, NYMEX (formerly COMEX) general corporate and regulatory practice, 1990 – 1992; Corporate Counsel, Smith Barney, 1985 – 1988; Partner, Zippel & Stearns Productions (entertainment contracts and employment matters), 1984 – 1986; Enforcement Attorney, Commodity Futures Trading Commission (litigation and investigations), 1980 – 1984. Outside counsel for David Eden Productions, New York, New York. 1998-2015 Director, Institute for Dispute Resolution, Master Legal Skills Professor, University of Florida Levin College of Law, 2015 – Present; Professor of Securities Arbitration and Mediation, Albany Law School, 2010 – 2012.

Arbitrator since 1986 Mediator since 1994 General Commercial Experience Former In-house counsel for major New York investment bank and former Associate General Counsel for New York Exchange. Extensive corporate experience with regulatory issues, employment matters, as well as corporate governance. Resolution experience of matters involving joint ventures, mergers and acquisitions, and partnership dissolutions including family owned businesses, law firm, and medical practice dissolution. Served as an arbitrator in numerous cases involving various contract claims. Securities, Commodities, Banking, Financial Services Experience, Contracts, Mergers and Acquisition, Entertainment, Employment Former litigator for the Commodity Futures Trading Commission in Washington, D.C. Comprehensive knowledge of compliance, statutory and regulatory scheme, brokerage firm protocols and back office operations. Expertise with issues related to trade practice, margin, general compliance, complex trading strategies, back office protocols, private placements, joint ventures, hedge funds, trusts, and complex trading strategies including those involving commodity futures, forward contracts, securities, fixed income, and derivatives. Cases mediated and arbitrated include REITS, swaps, and various insurance products, pools, mutual funds, stock options, and restricted stock and related tax issues. Representative cases resolved Include: Dispute involving the regulations and tax implications of restricted stock; Dispute involving the trading strategies and investments of a major hedge fund; Dispute involving the dissolution of investment partnership; Dispute involving private placement in real estate investment trust; Dispute involving the dissolution of a closely held tech partnership. Entertainment and Sports Experience Over 15 years of experience negotiating and drafting touring agreements between independent producer and performance venues for US tours for theatre, ballet, and music touring companies coming to the US from abroad including for example from Ireland, Israel, UK, and Russia. Representative cases resolved include disputes concerning contract interpretation involving artists and sports figures, compensation disputes, various claims in numerous cases involving either artists or sports figures and their financial investments, disputes revolving around the interpretation and enforcement of licensing agreements, performance agreements, and contracts with personal assistants. Representative matters include dispute over interpretations of a seven figure, multi-year licensing agreement between a major sports figure and sports equipment manufacturer, a dispute involving a sports figure and personal services contract, a contract dispute between an art gallery and artist over the terms of the financial arrangements for the sale of artist’s paintings. Employment Experience Representative cases: allegations of statutory violations of the Age Discrimination in Employment Act (“ADEA”), Equal Pay Act (“EPA”), Americans with Disabilities Act (“ADA”), Fair Labor Standards Act (“FLSA”), Family Medical Leave Act (“FMLA”). Extensive Experience with statutory claims including claims of discrimination including age, race, and sexual discrimination, and harassment as well as claims of retaliation, disparate treatment, and hostile work environment. Expertise with at will employment, hiring issues, failure to promote, wrongful discharge, constructive discharge, severance issues, compensation issues, raiding cases, signing bonus/note disputes, non-compete agreements, and defamation. Insurance Experience including policy and certificate provisions, subrogation, coverage issues, excess/umbrella policies, policy limits, and deductibles. Franchisee/Franchisor Experience. Expedited Experience arbitrating TRO’s and preliminary injunctive actions.

Served as a mediator in hundreds of commercial disputes including those involving the financial services industry. Mediated employment matters including wrongful and constructive discharge as well as statutory discrimination matters and compensation disputes. Mediated in the entertainment industry and the automobile industry. Has mediated numerous commercial matters including the dissolution of family held partnerships and closely held corporations. Mediated franchisor/franchisee and licensor/licensee matters. Has mediated numerous consumer cases.

General commercial issues including interpretation of contracts, lease provisions, notice, termination clauses, buyout provisions, securities, employment, contract, business dissolution, franchisee/franchisor, licensee/licensor, insurance, and commodity futures. Experience mediating sexual harassment, age discrimination, libel and slander, wrongful discharge, constructive discharge, and compensation issues. Interpretation of employment contracts and various compensation, vesting, and bonus provisions. Cases involving union disputes. Experience with restricted stock and other employee option issues, as well as taxation issues. Mediated cases involving issues relating retirement vehicles such as 401K's, IRA's and various insurance products. Partnership issues including contract disputes and dissolution. Trustee/trustor matters raising issues of fiduciary duty and appropriate disclosures. Entertainment matters including contract disputes and employment issues.

A combination of risk analysis and facilitation in a caucus based approach. Coaching in negotiation theory throughout the mediation.

Understanding of E-discovery issues and the formulation of ESI protocols including search terms and machine learning approaches. Proficient with various platforms of virtual remote hearings including Zoom and Teams. Have a personal Zoom pro account for conducting hearings. Have conducted a number of arbitration hearings and mediations on a personal zoom pro account. Can conduct a paperless arbitration hearing or mediation with electronic exhibits. Proficient with most online exhibit portals including the AAA web based portal. Proficient with various AI software programs including ChatGPT, Co-pilot, and Claude. Experience with scheduling software such as Doodle, When2Meet.

Case Western Reserve University School of Law (JD-1979); Northwestern University (BA-1975).

Admitted to the Bar: New York (1987), District of Columbia (1979-inactive).

Fellow of the Chartered Institute (CIArb); International Mediation Institute (IMI) Certified; CEDR Accredited; NAM; Past Chair of the ABA Section of Dispute Resolution, a member of the International Institute for Conflict Prevention and Resolution ("CPR") Council; Vice Chair of the International Bar Association Mediation Committee; Board Member of the Miami International Arbitration Society.

Selected Publications: Less Litigation, More Business Purpose: Leveraging Dispute Prevention to Preserve Business Relationships 19 UMass L. Rev. 323 (Spring 2024) The Case for Amending Section 7 of the FAA, Commercial and Business Litigation Committee of the ABA Quarterly Newsletter (Summer 2023) Back to Basics: The Difference Between Arbitration Procedure and Arbitration Law, ABA Section of Litigation Practice Points (2021) Burke, Louis F., ed. Chapter 5 "Mediation in the Futures Industry," Alternative Dispute Resolution in the Futures Industry, Huntington, NY: Juris (2013); "The Ethics of Settling a FINRA Dispute: Can You Lie?," PLI July 2014; Deal Resolution: Understanding Impasse: How to Prevent, Avoid And Break Deadlock," 20 PIABA Bar Jour. 373 (2013); "The Facilitated Negotiation of Transactions," 30 Windsor Rev. Legal & Soc. Issues 192 (March, 2011); "Telephonic Mediation: An Overview," 1899 PLI/Corp 195 (August, 2011). Selected Speaking Engagements and Trainings: Faculty, CIArb Accelerated Route to Fellowship, Miami 2024. Faculty, Advanced Arbitration Institute, 2017, 2018, 2019; Program Chair and Moderator, “Saving Your Clients Money: Advice from the Arbitration Providers,” ABA Section of Litigation, ADR Committee and Commercial Business and Litigation Committee, June 6, 2023 , Presenter and Program Chair, “Practice Tips for Litigators Following the Supreme Court’s Decision in ZF Automotive v. Luxshare 142 S.Ct. 2078 (2022),” American Bar Association Litigation Section, April 12, 2023; Interviewed by Professor Amy Schmitz, The Ohio State University School of Law for “Arbitration Conversation” podcast, Spring 2024; Faculty, ABA Dispute Resolution Section Advanced Arbitration Institute, 2018, 1019, 2020; Negotiation Skills and Theory, Bar of the City of New York 2015- present; Trainer, Negotiation Skills and Theory, New Jersey State Bar Association, 2014; Faculty, American Bar Association Advanced Mediation Institute, 2012, 2013, 2014; Trainer, Negotiation Skills and Theory, Bar of the City of New York, 2013, 2014; Trainer, Negotiation Skills and Theory, New Jersey State Bar Association, 2014;Speaker: Across Borders, International Center for Conflict Prevention and Resolution 2014 Brazil Congress; American Bar Association, Business Law Section Annual Meeting 2014; Trainer, Bar of the City of New York, Breaking Impasse 2013; Trainer, Bar of the City of New York, Negotiation Ethics 2013; Guest Lecture Michigan State University 2013, 2014; Guest Lecture Boston College School of Business 2014; St. John's University School of Law, 2010, 2011, 2012, 2013, 2014, 2015; Visiting Assistant Clinical Professor, Director of the Securities Arbitration Clinic, also Taught Alternative Dispute Resolution and Negotiation 2010-2014; Cornell University School of Law, 2012; Fordham Law School, 2012. AAA/ACR/ACMI: Innovation in Commercial Mediation, Deal Mediation, 2008; New York State Bar Association Advanced Mediation Training, 2008.

Hourly Rate: $475.00 Daily Rate: Not provided Study Rate: $475.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: No charge for travel time. Reimbursement of actual travel expenses.

English; French

United States of America

Gainesville, Florida