Mediator Resume

Served as a neutral since 1993, even while serving as a partner in a large international law firm. Was a corporate transactional lawyer from 1968-2009 which helped with insight to business and complex commercial disputes in a wide variety of industries relevant to the primary areas of expertise noted in this resume. Have substantial experience as a sole mediator and arbitrator, and also served as chair and as member of many three person arbitration panels. As a mediator, it is important to help the parties understand the mediator's role is not to decide who is right, or who should win, but that the goal is to help them reach an acceptable business resolution to their dispute, without the time and costs of an arbitration or trial.

Asbill Dispute Resolution - Founder, Commercial Arbitrator and Mediator

Arbitrator and Mediator

Arbitrator and Mediator, Asbill Dispute Resolution, 2009 - Present; Partner, Paul Hastings Janofsky & Walker LLP (now known as Paul Hastings LLP), 1986 - 2009 (Retired 2009); Partner, Asbill Porter Churchill & Nellis and predecessors, 1973 - 1986; Associate, Jones Bird & Howell (now known as Alston & Bird), 1968 - 1973.

As an attorney, was primarily engaged in a transactional business law practice. Franchise experience mainly involved representing franchisors, but also franchisees, in both domestic domestic and international businesses using franchising or licensing arrangements in the distribution of goods and services in all aspects of their system development, growth and system changes. In addition, advised clients in the acquisition, selection, protection, and licensing of intellectual property, both nationally and internationally. Provided broad corporate advice, as well as antitrust preventive counseling and advice with respect to the structuring, establishing, and ongoing representation regarding franchise, distribution, dealership, agency, and joint venture agreements. Represented companies and individuals in corporate, limited liability, partnership, buy-sell, financial, merger and acquisition, and general business matters. Clients included major food service and lodging companies, businesses providing products and services in the HVAC, telecommunications, automotive, large construction machinery, educational, employment, optical, printing and photocopying, bookkeeping and accounting, construction, and hospitality industries, among others. Frequent lecturer on business, franchise, distribution, and intellectual property law matters, both in the U.S. and abroad. Following retirement from active practice of law in 2009, served solely as arbitrator and mediator, in person and virtually, in a broad range of commercial matters. Approximately 50% of my arbitrations and mediations involve franchising, licensing and distribution matters, both domestically and internationally. Issues involve breach of contract claims, terminations, fraud and misrepresentation, disputes with respect to franchisees and dealers, royalty disputes, issues concerning system changes, non-competition, infringement, state and country laws governing franchising, licensing and distribution, required purchases, advertising, franchise associations and franchise advisory committees. Chaired both the ABA Forum on Franchising and the IBA International Franchising Committee. As a practicing attorney was listed in "International Who's Who of Franchise Lawyers (Law Business Research); was named as one of "America's Leading Lawyers for Business" by Chambers Global and also Chambers USA; was listed in "The Best Lawyers in America" in the specialties of Alternative Dispute Resolution and Franchise Law; and was listed in the Georgia Super Lawyers.

Has served as a mediator since 1996. Prior to retirement from active law practice in 2009, represented business clients in mediations as their counsel. and also served as a neutral mediator. After retirement, worked only as a neutral mediator in mediated matters. Primary focus has been on a broad range of complex commercial and business disputes, with a major focus on merger and acquisition, joint ventures, franchising, dealerships, distribution and intellectual property matters, joint ventures and partnerships, including both domestic and international, as noted in more detail in the Experience section of this resume. Amounts in dispute have ranged from $150,000 to more than $75,000,000. Handled several mediations involving multiple parties. Completed multiple AAA and other CLE programs on mediation.

Mediated disputes between franchisors and franchisees, as well as businesses in multiple industries. Matters involved breach of contract, breach of fiduciary duty, breach of duty of good faith and fair dealing, fraud, misrepresentation, right to terminate contracts, changes in a franchise system, operational issues, antitrust issues, use of trademarks and intellectual property, applicability of national or country laws in relationship to contract provisions, merger and acquisition and joint venture disputes. Has helped parties resolve complex business disputes among partners or LLC members and non-competition, non-solicitation issues, as well as multiple commercial matters.

Believe the goal is not to win the mediation, but to help the parties resolve their dispute. Believe that most often a business resolution to a problem is preferable to a legal solution. With mediation, can help the parties reach a solution instead of leaving it up to a court or arbitrator. Mediation generally provides an opening for creative, business resolutions as opposed to more restrictively defined legal resolutions, in many cases consisting of resolutions outside the confines of a litigated or arbitrated dispute. Generally start the process by phone call with counsel for both sides to get a sense of the issues. Then, provide the parties with a Mediation Retainer Agreement setting out the process and schedule for matters prior to and at the ultimate mediation. If counsel agrees it may help, will have counsel provide a written statement shared with opposing counsel including applicable documents and a brief statement of the dispute. Most often will have each counsel provide a confidential mediation statement that sets out strengths and weaknesses of the case as well as their "ideal" "business" and "legal" solutions; then conduct a phone call with each counsel separately, to ask questions and get a better picture of their positions, as well as personalities and basic concerns of the disputants. (Depending on the scope of the dispute, and whether the matter is in litigation or arbitration with pleadings available to review, some of these preliminary matters may be eliminated). Then conduct the mediation, typically with all parties present for the opening session, unless prior discussions with counsel make it preferable to skip the joint opening session; then typically conduct multiple conferences separately with each side. This often gives the parties a chance to vet or state their concerns to a mediator who actively listens, and then through questions and discussion, and if counsel desire, provides an assessment of the strengths and weaknesses of each particular side, and probes options that may work towards an agreeable result, with an ultimate goal of reaching a deal that both sides can find acceptable, instead of then turning the matter over to a court or arbitrator as the decision maker. Willing to work with the parties until a deal is reached, or it is clear that there is an impasse that can't be breached during that session. Willing to revive the mediation later if parties think it can be helpful in resolving the dispute. If settlement is reached, will work with counsel for both sides to finalize an agreement, have it put in writing, and signed by parties.

Available for both in-person and virtual arbitrations and mediations. Experienced in using Zoom, LoopUp, and GoToMeeting and have conducted multiple hearings using these platforms. Also familiar with electronically stored information (ESI) platforms, use of AI in arbitration and mediation and Cybersecurity issues.

University of North Carolina (JD-1968); Princeton University (AB-1965).

Admitted to the Bar: Georgia (1968); U.S. Tax Court (1971); U.S. Supreme Court (1971).

American Bar Association (Section on Alternative Dispute Resolution and its Early Dispute Resolution Committee; Forum on Franchising); International Franchise Association (Legal/Legislative Committee); the Atlanta International Arbitration Society; and the Georgia Arbitrators' Forum, a small group of active arbitrators who meet quarterly to discuss current trends and ways to be more effective arbitrators.

Co-author, FRANCHISING LAW: PRACTICE AND FORMS, Specialty Technical Publishers, latest ed. 2008; co-editor and chapter author, FUNDAMENTALS OF INTERNATIONAL FRANCHISING, American Bar Association, Forum on Franchising, 2001; past editor, FRANCHISE LAW JOURNAL, American Bar Association. Has written papers, given numerous speeches and chaired and coordinated seminars on hundreds of occasions, throughout the U.S., as well as in England, Europe, Asia, Canada, India, Australia, New Zealand, Mexico and South America.

No travel fee charged for mediations in Atlanta metropolitan area, or for virtual mediations.

Hourly Rate: $750.00 Daily Rate: Not provided Study Rate: $750.00/hr Cancellation: $3,750.00/Day Cancellation Period: 30 Days Comment: When mediation is cancelled 30 days or less in advance of initial mediation session, in addition to hourly fees due for time incurred, a cancellation fee of $3,750 per scheduled mediation day will be due. Willing to travel for mediations outside Atlanta, Ga. at $375.00 per hour for travel time, plus out of pocket expenses billed at cost. No travel fee charged in Atlanta metropolitan area.

English

United States of America

Brookhaven, Georgia