Mediator Resume

Ellen L. Leesfield, PA - President (Former Judge)

Attorney, Arbitrator, Mediator

Mediator, Consultant, Partner, SMGQ Lawfirm (ADR Division); President, Ellen L. Leesfield, PA, 2013 - Present; Adjunct Professor, Litigation Skills Program, University of Miami School of Law, 1999 - Present; Circuit Court Judge, 11th Judicial Circuit, Miami, 1993 - 2013; Managing Partner, Ellen L. Leesfield, PA, 1986 - 1993; Associate, Dufresne and Bradley, 1983 - 1986; Associate at Law, Jack Blumenfeld, 1982 - 1983; U.S. District Court Law Clerk, Federal Magistrates Southern District of Florida, 1979 - 1983; High School English Teacher, Coconut Creek High School (Pompano Beach, Florida), 1972 - 1975.

Arbitration Focus: State and Federal Complex Business Cases, Employment, Healthcare, Franchise. Disability Discrimination, and labor case, as well as cases involving complex Computer fraud, Tax fraud, and Admiralty - including maritime construction. Over the past 10 years, has arbitrated cases involving Employment disputes, Franchise disputes, Disability discrimination, Admiralty construction defects, Healthcare payor/payee disputes, Healthcare pharmacy disputes, and a number of Complex business cases. Has also successfully managed these cases to position them to settle. If a case is properly managed, it will often settle. If it does not, is prepared to hear these cases and make a decision that is fair. Understands that arbitration is not mediation, and decisions must be made.

Have mediated a wide variety of cases. See below. Commercial law: numerous breaches of contract cases between business partners in businesses such as real estate projects, and businesses. Partner Disputes and joint venture projects. Employment: claims of sex, age and race discrimination. Franchise: mediated and arbitrated numerous Franchise cases over the past 5 years. Seaman cases: under the Jones act pre-trial or pre-Arbitration as well as Passenger cases. Construction cases Especially Involving construction defects such as damaged, faulty or delaminated windows. Construction condo claims involving severe hurricane damage. Banking disputes between: A bank and its customers, bank vs. bank and bank vs employees. All Partnership disputes.

Partnership disputes, Breach of contract, Florida unfair business practices, consumer disputes, Franchise, Jones Act. Property: Rights to build in a certain manner with prayers for injunctive relief Title and Escrow issues Specific performance Employment discrimination; Computer licensing disputes.

It is extremely important to me to be prepared for a mediation. I want to understand the legal and factual issues involved. I then deconstruct the case both legally, trying to point out to each side (privately, of course) their legal roadblocks, if any, and factually. A factual analysis includes how a jury, if there will be one, might view the case. I feel that my 19 years on the bench, preceded by 12 years as a trial lawyer, who tried over 60 cases to verdict, aids me in that analysis. Mediation is the time when parties have their best opportunity to control the outcome of their case. They must feel that a mediator fully understands their issues. These issues may be legal, factual, or sometimes, emotional. This is true, even in business cases where partners are breaking up, or even employment disputes - non-competes, and the like. Certainty is an important commodity in our society. Mediation brings certainty.

Nova Law School (JD - 1978, Law Review); University of Florida (BA, Bachelor of Arts, and Education, with honors - 1972).

Admitted to the Bar: Florida (1979); U.S. District Court: Federal District; Southern District of Florida, Including Federal Trial Bar (1983); U.S. Court of Appeals: Eleventh Circuit (1981); U.S. Supreme Court (1989). Florida Supreme Court Certified Mediator.

American Bar Association (Alternative Dispute Resolution Division); Florida Bar (Alternative Dispute Resolution Division, Spellman-Hoeveler Inns of Court); Dade County Bar Association; Cuban American Bar Association; National Association of Women Judges; Miami International Arbitration Society (MIAS); ICC.

Chosen to speak at the National Windstorm conference In New Orleans, LA. January, 2015, and to preside over a Mock Trial emphasizing the use of expert witnesses at the “Workhorse Seminar” Florida Justice Association in February of 2015. Frequent Speaker for "EEO and General Counsels" Programs on Presentation of Evidence (2016) Mediation and Arbitration (2018) Writing: Dade County Bar Journal: "Florida's New Expert Opinion Law: Who should Care and Does it really Matter"; Dade County Bar Bench and Bar Series: Moderator for panel on Experts and Daubert. Panelist and lecturer: Winning with Technology: Chaired Panel Discussion for CEO and General Counsel's Group about Technology " Best Practices" 2019 Speaker on Expert Testimony" Daubert vs. Frye" Standards in Florida. Speaker on Topics of Commercial Trial issues -Best Practices - "A view from the Bench" 2011, 2012, 2013. (National Business Association.) Judicial View of proper pretrial and trial methodology in complex business cases 2012 (National Business Association) Recent Workshops: “ Preparing for Success: Getting The Most Out of Mediation in Today’s Business Atmosphere.”2017 Judicial Teaching: Florida Judicial College - Taught Trial Skills to all incoming Judges in the State of Florida: 2008-2012 "Effective Closing Argument (Avoiding Appeal)," Dade County Defense Bar, 2011 "Effective Presentation of Expert Testimony," Dade County Defense Bar, October, 2012 "The Basics of Expert Testimony in Federal and State Cases," American Inns of Court, 2012 "Do's and Don’ts of Ethical Advocacy," Coral Gables Bar, 2011 University of Miami adjunct professor, "Trial Skills," 2001-Present.

Hourly Rate: Not provided Daily Rate: $750.00 Study Rate: $750.00/hr Cancellation: $3,000.00/Day Cancellation Period: 10 Days Comment: Cancellation policy: Cancelled 10 days or less: A four (4) hour cancellation fee will be charged.

English

United States of America

Coral Gables, Florida