Mediator Resume

Attorney/CPA and Fellow with the Chartered Institute of Arbitrators (FCIArb). Serves full-time as a domestic and international arbitrator and mediator with over 25 years of ADR experience, focusing on complex commercial, consumer, employment, franchise, investment, and healthcare-related disputes. Has been selected as a chair, wing, appellate, and emergency arbitrator and authored over 100 reasoned awards. Is a guest lecturer on arbitration at the Emory University School of Law and volunteers at local collegiate mediation events. Has an active mediation practice that covers a broad range of clients and subject matters. Prior to ADR, was a litigation attorney after having been a senior executive at two Fortune 500 companies.

Bruce Bennett, Esq., CPA (FCIArb)

Arbitrator Mediator Attorney Certified Public Accountant (CPA)

Attorney at Law, Bruce Bennett Esq., C.P.A., 2001 - Present; Wren & Associates C.P.A., 1998 - 2001; Division Financial Accounting Manager, The Coca-Cola Company, 1994 - 1998; Controller and Director of Human Resources, Atlantic Envelope Company, 1991 - 1994; Senior Auditor, National Services Industry, 1984 - 1989; Business Development Manager, Associated Credit Union, 1983 - 1984.

Attorney/CPA with extensive experience in business, finance, and law now serving as an independent arbitrator and mediator on several national and international ADR panels. Legal Experience: Accounting Malpractice; Banking and Finance; Bankruptcy Liquidation and Reorganization Plans; Business Transactions; Commercial Leases, Liens and Conveyances; Consumer Law; Contract Law; Corporate Acquisitions and Divestitures; Employment Law; Federal Tax Controversies; Franchise Law; Georgia Limited Liability Company Act; Healthcare Law; Legal Malpractice; Partnership Formation, Dissolution and Transfers; Private Lending, Guarantees and Promissory Notes; Real Estate Financing, Permitting and Rezoning; Uniform Commercial Code (UCC); and the Uniform Fraudulent Transfers Act (UFTA). Business Experience: Served as the Division Financial Accounting Manager for The Coca-Cola Company, overseeing the operating and capital budgets of the Information Service Division. Renegotiated several multi-million dollar telecommunication leases, resulting in significant cost savings, and implemented the Division's most comprehensive multi-tiered metadata mining system in its history. Prior to tenure at The Coca-Cola Company, held the positions of Controller and Human Resources Manager at Atlantic Envelope Company (AECO), a national manufacturer and distributor of envelopes and filing products, and a division of National Service Industries, Inc. (NSI). Managed all accounting, financial, and tax functions of the business, supervised the construction of a high-tech manufacturing and storage facility, and introduced an activity-based budgeting model to enhance cost tracking. Before transitioning to the AECO division, served as a Senior Auditor at NSI, conducting financial and operational audits along with fraud investigations. Franchise-related Experience: Drafted promissory notes, loan agreements, security liens, asset purchase and operating agreements, bills of sale, and contracts; conducted inventory valuations, negotiated franchise fees and other franchise-related expenses; and assisted with transition issues following franchise acquisitions. Mediated and arbitrated disputes pertaining to franchise agreements, including allegations of breach of contract, false advertising, franchise disclosure document violations, inventory valuation disputes, trademark infringements, unpaid fees and bills, unpaid taxes, nonconformance with franchise standards, and violations of non-compete and non-solicitation agreements. CPA and Forensic Accounting: Investigated matters alleging breach of fiduciary duty, fraud, and misrepresentation. Advised businesses on financial reporting issues and prepared pro forma statements. Assisted in the valuation of public and private securities and traced off-the-book transactions between shell companies involved in money-laundering operations. Uncovered check kiting schemes, lapped accounts, fake purchase orders, and vendor fraud. Provided damage assessments and lost profit analyses as a forensic accountant in white-collar criminal cases and civil damage disputes. Human Resources / Employment Law: Conducted internal audits, managed employee grievances and allegations of statutory discrimination, and oversaw recruitment, employment, and termination processes. Ensured compliance with the Fair Labor Standards Act (FLSA), Title VII, Section 1983, and state and federal statutes. Developed comprehensive job descriptions and human resources policies and procedures manuals, participated in union contract negotiations, investigated EEOC and workers' compensation claims, and devised employee loyalty programs.

GENERAL BACKGROUND: Since 1999, has mediated hundreds of cases between businesses, individuals, partnerships, and estates, with an estimated success rate of approximately 75%, resulting in full or partial settlements. Cases include those involving multiple parties, international conflicts, language barriers, and parties with varying degrees of social and cultural differences. Regularly requested to serve on cases by prominent local, national, and international dispute resolution panels, as well as through private attorney referrals (references available). Additionally, has participated in Arb-Med and Med-Arb cases and participated in mock trials. EXAMPLES OF MATTERS MEDIATED: Account disputes; attorney, CPA and real estate broker malpractice; bankruptcy adversarial proceedings; breach of contract; breach of fiduciary duty involving trustees, executors and business partners; breach of warranty; business valuation disputes and valuation methodologies; commercial lease disputes; construction cases involving improper design, cost overruns, variances, negligent workmanship, lack of permitting and re-zoning applications; eminent domain, foreclosure, liens and partitioning issues; employment disputes, including disputes involving executive compensation and contract physician agreements; Fair Debt Collection Practices Act (FDCPA) complaints; franchise disputes; fraud; improper termination and EEOC claims; intellectual property cases involving trademark infringement; international business disputes involving minimum orders, short shipments, goods lost in transit, spoilage, damaged goods and non-payment; international disputes involving the licensing of technical telecommunication information and U.S. patents; medical claims disputes; and tax disputes. MULTI-PARTY MEDIATION EXPERIENCE: Has successfully mediated several multi-party cases, including the following recent examples: A dispute arising from a partnership where a partner exited the previous partnership to establish a new one, subsequently leading to allegations by the remaining partners of misappropriating partnership goodwill. The matter was resolved amicably, resulting in mutual satisfaction for both partnerships and the employment of the departing partner within his new partnership. A multimillion-dollar entertainment development complex dispute involving numerous contractors and owners, initially considered to have little to no possibility of settlement. Was the third mediator to assist the parties, who had previously made limited progress. After multiple full-day sessions, all issues were resolved, leaving the parties optimistic about their future financial prospects. A complex medical claims dispute involving a provider, an insurer, and a third-party claims processor. The claims spanned several years and included hundreds of factual discrepancies and differing interpretations of multiple contracts. The case was settled, and the parties avoided arbitration. MEDIATION ADVOCACY EXPERIENCE: As an advocate mediated a diverse array of commercial, consumer, and employment cases. These cases encompassed issues related to business transactions, unpaid financial obligations, division of assets upon sale and liquidation of a business, allegations of negligence, misrepresentation, and fraud, contract disputes, promissory estoppel claims, equitable division of personal property, real property and construction disputes, violations of non-compete and non-solicitation covenants, wrongful termination, among others. SPEAKING ENGAGEMENTS AND SEMINARS: Past speaker at local bar conferences on the topic of mediation ethics and have conducted conflict resolution and avoidance seminars for business executives. ADDITIONAL INFORMATION: Will be glad to participate in a telephone or virtual interview before a potential appointment and provide references upon request.

Examples of issues mediated include accounting disputes; breach of contract; breach of fiduciary duty involving trustees, executors, and business partners; breach of warranty; business valuations; commercial lease disputes; construction disputes concerning improper design, poor workmanship, and lack of permitting; corporate governance; eminent domain, foreclosure, liens, and partitioning issues; employment disputes; executive and physician compensation; Fair Debt Collection Practices Act (FDCPA) complaints; franchise disputes; fraud; wrongful termination and EEOC claims; insurance coverage claims; intellectual property cases involving trademark infringement; international business disputes involving minimum orders, short shipments, goods lost in spoilage, damaged goods, and non-payment; international disputes involving the licensing of technical telecommunication information and U.S. patents; personal injury cases involving serious injury and death; premises liability claims; re-zoning applications; and tax controversies.

Mediation Philosophy: I meet with legal counsel prior to mediation to discuss the submission of confidential mediation statements, logistical details (such as location and format), and to seek counsel’s opinion on the most appropriate approach to the case. Sometimes, parties prefer to proceed directly to caucus, while at other times, they favor beginning jointly with each side presenting opening statements. Additional matters for discussion may include preparatory efforts that could be beneficial, the exchange of relevant documents, the use of technology, and who will participate on standby. Once the mediation begins, I use a facilitative approach to provide each party with an opportunity to present their case in their own terms. As the mediation progresses, I look for common ground and assist the parties in concentrating on their true interests and priorities. After acquainting myself with the participants and gaining a deeper understanding of the case, I often proceed to reality testing, and if requested, to evaluation. It is essential for the parties to understand that the mediation process will be conducted confidentially and professionally. Efforts are made to ensure active engagement and to highlight the advantages of reaching an amicable settlement. I believe that, in most cases—regardless of past complexities—mediated settlements are the most effective means to resolve a dispute.

Technologically proficient with Zoom and Microsoft Teams. Has hosted several multi-day virtual mediations and arbitrations, including those with multiple parties. Proficient in the appropriate use of Artificial Intelligence (AI) and predictive coding in arbitration. Also experienced in managing eDiscovery in cases involving extensive or complex data sets.

John Marshall Law School (J.D. - 2001) Luther Rice University (M.A. - 2010) University of Georgia (B.B.A., Finance - 1983)

Admitted to the Bar: Georgia, 2001 (#50498); Georgia Supreme Court; U.S. District Court: Northern and Middle Districts of Georgia; U.S. Court of Appeals, Eleventh Circuit Georgia State Licensing Board for Certified Public Accountants, 1994 (#CPA013746)

American Arbitration Association (AAA) American Health Law Association (AHLA) Chartered Institute of Arbitrators International Institute for Conflict Prevention and Resolution (CPR) National Arbitration and Mediation (NAM)

Presented a case analysis on collective arbitrations at Emory University School of Law, 2020; Conducted mock arbitration training for attorneys, Empirical Creative, LLC, 2014, 2012; Speaker, "Criminal Defense Issues (White Collar Crimes)," Annual Gwinnett County Bar Association Criminal Defense Seminar, 2008, 2007, 2006, 2005; Gwinnett County Panel of Neutrals Conference, 2013, 2012, 2011, 2010, 2009, 2008, 2007, 2006. "Fair Tax Act of 1999," NOTRE DAME LAW REVIEW JOURNAL OF LEGISLATION, 27 J. Legis. 1, 2001; Quoted in newspaper (Gwinnett Daily Post) and on websites on current trends and advisories in field of mediation and arbitration.

Hourly Rate: $500.00 Daily Rate: Not provided Study Rate: $500.00/hr Cancellation: $500.00/hr Cancellation Period: 2 Days Comment: Travel time to hearing: A. $100 per hour. B. Reasonable travel expenses. C. Cancellation fee: Two (2) hours per day for scheduled hearing and travel days if cancelled or postponed within two (2) business days prior to the 1st scheduled day of the arbitration or mediation session.

English

United States of America

Grayson, Georgia