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Mediator Resume

Linda A Michler, Esq.

Linda A Michler, Esq.

Professional Summary

Results-driven mediator and arbitrator with decades of experience resolving thousands of consumer and commercial disputes for individuals, businesses, corporations, and government entities, both locally and nationally. Specializes in contracts, finance, employment, and healthcare. Known for exceptional communication and interpersonal skills, facilitating constructive dialogue to help parties reach fair settlements. A proficient businesswoman with experience across Georgia, New York, North Carolina, Pennsylvania, and South Carolina, in both single party and complex multi-party disputes.

Current Employer-Title

Linda A Michler ADR - Owner

Profession

Attorney, Independent Arbitrator and Mediator

Work History

Owner, ADR Offices of Linda A Michler, 2015-Present; Managing Attorney, Law Office of Linda A. Michler, 1997-2015; Attorney, Lyons, Doughty & Veldhuis, 2000-2003; Special Assistant US Attorney, Assistant District Counsel, US Small Business Administration, 1991-1997; Associate Attorney, Frank R. Fleming III PC, 1988-1991. Instructor, Community College of Allegheny County, 2000-2001; Instructor (Business Law - Liability and Avoidance, Legal Research and Writing), Robert Morris University, 1990-1999.

Experience

CONTRACTS Extensive experience in complex consumer, commercial, & governmental disputes, primed by service as Assistant District Counsel for the U.S. Small Business Administration and private law practice focused on dispute resolution. Experience spans contract negotiation, breach & enforcement, including servicing/supply agreements, payment terms, exclusivity, insurance bad faith, family-owned businesses, real estate, property insurance, title, and landlord-tenant disputes. Additional experience includes product liability/warranty litigation (hundreds of automobile warranty/leasing cases) under the Magnuson-Moss Warranty Act and Lemon Laws; contractor & subcontractor disputes; franchisor-franchisee conflicts; professional malpractice; intellectual property licensing; copyright infringement; software & technology disputes; and False Claims Act (FCA) claims. Matters range from small business disputes to multiparty litigation involving international airport construction projects. BANKING AND FINANCIAL Decades of experience representing major banks & mortgage lenders in commercial/consumer disputes involving lending, collections, creditors' rights, lender liability, bankruptcy, foreclosure, receiverships, and deed-recording/mortgage fraud. Real estate litigation & arbitration include mortgage enforcement, commercial lease interpretation, accounting & deposit disputes. Additional experience includes shareholder/partnership disputes, financial services liability & business asset acquisitions/sales. EMPLOYMENT Experience handling complex employment disputes through investigation, mediation, & arbitration, emphasizing confidentiality, impartiality, compliance, and practical resolution. Matters include employment contracts, exclusivity & non-compete provisions, executive compensation (wages, stock options, bonuses, severance), fiduciary duty claims, independent contractor classification, trade secrets & confidential information. Additional experience includes workforce reductions; Fair Labor Standards Act (FLSA) compliance; minimum wage and overtime; discrimination, retaliation, sexual harassment, and hostile work environment claims; whistleblower & FCA fraud claims; EEOC and PHRC proceedings; and Family and Medical Leave Act (FMLA) matters. HEALTHCARE Extensive experience arbitrating and mediating complex healthcare disputes involving hospitals, health systems, insurers, physician groups, skilled nursing and rehabilitation facilities, laboratories, and patients. Matters include managed care reimbursement, coding and fee schedule interpretation, 340B drug pricing, outsourcing, prior authorization, experimental treatment, denied therapy, out-of-network reimbursement, network termination, the No Surprises Act, Stark Law, and FCA compliance. Additional disputes include physician employment agreements, partnerships, joint ventures, operating agreement income losses, merger/acquisition liabilities, shareholder separations in physician & radiology groups, and non-compete provisions. Experience encompasses complex legal, financial, regulatory, and business issues. FRANCHISEE & FRANCHISOR Substantial experience litigating, arbitrating, mediating, and resolving franchisor-franchisee disputes involving contract interpretation & enforcement, franchise termination, royalties, payment disputes, franchisee non-compliance, bankruptcy & vendor relationships. Represented franchisors in state & federal courts, arbitration, and mediation, addressing financial, contractual, operational, and business conflicts. Experience provides insight into the competing interests of franchisors & franchisees, the consequences of contract enforcement & termination, and the legal & commercial issues underlying franchise disputes. This background supports informed claim evaluation, practical resolution & preservation of business relationships where appropriate.

Mediator Experience

Since transitioning exclusively to ADR services in 2015, this professional has served as mediator in hundreds of disputes encompassing both two-party and complex multiparty disputes across a broad spectrum of subject areas, including commercial, construction, consumer, healthcare, financial services, employment, insurance, professional services, franchise, landlord–tenant, family, and small business matters.

Representative Issues Handled as a Mediator

MULTIFACETED COMMERCIAL CONTRACT & FRANCHISE * Franchise expiration dispute involving a national retail franchise. * Breach of property management agreement. * Website ownership, software licensing, development, and implementation dispute. * Partnership claims dispute over commercial property ownership. * Multi-owner disputes involving shareholders, partners, members, and joint venturers. * Multiple breach of contract and matters where insurance companies are pivotal parties to the resolution of the dispute. * Commercial construction and renovation. * Several partnership ownership claims dispute over property ownership. COMPLEX HEALTHCARE * Termination disputes between physicians and Physician groups. * Radiology practice and hospital system contract dispute. * Multiple physician joint venture and governance disputes. * Disputes arising from the purchase and valuation of private physician practices. * Dispute between an emergency healthcare hospital system and a health insurer regarding alleged breaches of a Healthcare Services Agreement. * Negotiated and documented the purchase of private physician practices. INTRICATE TECHNOLOGY, INTELLECTUAL PROPERTY & E-COMMERCE * Multiple software development and servicing agreement disputes. * Disputes between an internet/e-commerce web services company and national retailers. * Breach of internet Terms of Use and misappropriation of customer funds between cryptocurrency businesses. * Copyright infringement disputes involving music, video, film, and television copying among major industry associations (MPAA, RIAA) and commercial hospitality venues. * Dispute between a software development firm and a corporate client arising out of a customized software contract and joint venture agreement. * Several disputes involving misappropriation of corporate assets and trade secrets. * Disputes concerning enforcement of fees payable to ASCAP for music licensing to a bar/ restaurant. * Disputes between Internet/E-Commerce web services company and retailers. EMPLOYMENT * Executive employment disputes involving employment agreements, executive compensation, trade secrets, restrictive covenants, and fiduciary duties. * Employment discrimination, harassment, and wage-and-hour claims. * Termination disputes between doctor and physician groups.

Mediator Style & Process Preferences

Over the years, I have learned that each case is unique and requires a tailored approach to sustain my 92% resolution rate. I make it a priority to quickly assess the personalities and dynamics of the parties involved and to adapt my methods, accordingly, ensuring steady progress toward resolution.

Technology Proficiency

Familiar with and accustomed to conducting arbitration and mediations using online platforms such as Zoom, Microsoft Teams, GoToMeeting and Google Meets. In addition to videoconferencing, agreeable to conduct in person, teleconference and hybrid hearings and mediations. Willing to receive all submissions and evidence in electronic format. Fluent in standard Microsoft 365 and Clearbrief, familiar with software programs such as programs for timekeeping, project and human resource management, including Salesforce and Time Matters. Successfully completed Clearbrief Academy, December 2025.

Education

Duquesne University School of Law, (JD - 1988) The University of Pittsburgh, (BS, Life Sciences (Biology, Chemistry, Physics), Psychology Minor - 1977).

Professional Licenses

Admitted to the Bar: Pennsylvania (1988), North Carolina (2008 - inactive), New York (2012); US District Court: Western District of Pennsylvania, Eastern District of North Carolina; US Court of Appeals: Third Circuit; US Supreme Court.

Professional Associations

NATIONAL AND STATE: Pennsylvania Bar Association, New York Bar Association, and Allegheny County Bar Association, National Association of Distinguished Neutrals (NADN) as an invited member. Former American Bar Association, North Carolina Bar Association and Washington County Bar Association. COURT: Western District of Pennsylvania; North Carolina Dispute Resolution Commission Panel Member Superior Court; US District Court for the Western District of Pennsylvania, Mediator, Arbitrator, and Early Neutral Evaluator. MEMBER AND SERVE ON PANEL: International Institute for Conflict Prevention and Resolution, Panel of Distinguished Neutrals, Mass Employment Claims Panel, Banking and Financial Services Panel and MWI Franchise ADR Panel; American Health Law Association Panel Arbitrator and Mediator, Member of the American Health Law Dispute Resolution Service Council, former chair and member of the American Health Law Association Dispute Resolution Service Review Board; National Medical Reviews Inc Arbitrator; FINRA Mediator and Arbitrator; Better Business Bureau Arbitrator; American Bankruptcy Institute, American Arbitration Association - Consumer and commercial mediation and arbitration panels and NC Disaster Mediation Program. North Carolina Dispute Resolution Commission Certified Panel Member Superior Court.

Recent Publications & Speaking Engagements

Having established a broad range of experience enables the ability to be a presenter and/or program developer for several CLE providers including the American Bar Association, National Business Institute, the Allegheny County Bar Association, Washington County Bar Association, Pennsylvania Bar Association and Federal Bar Association Western Pennsylvania Chapter. In recent years, the majority of speaking engagements have been through podcasts and webinars averaging two or more a year. Speaking includes presentations for advanced mediation training and has taught at Duquesne University, Robert Morris University and Community College of Allegheny County. For a complete list, please see https://www.michlerlaw.com/copy-of-publications.

Locations Where Parties Will Not be Charged for Travel Expenses

No charge for travel within 20 miles of the neutral's office - 29909 zip code.

Compensation

Hourly Rate: $795.00 Daily Rate: Not provided Study Rate: $795.00/hr Cancellation: $6,400.00/Day Cancellation Period: 12 Days Comment: Expenses at actual cost. No fee for any clerical work done by office. Flat fee mediation for one day including preparation and mediation is $10,000.00. Travel beyond 20 miles of neutral's office is billed at the IRS mileage reimbursement rate, plus any tolls or parking at actual cost. Travel time: Round-trip travel time under 30 minutes is not billed. Travel time exceeding 30 minutes is billed at the standard hourly rate, in 15-minute increments. Out-of-Area Travel: Will charge for all travel-related expenses, including: Airfare (commercial business class, lowest logical fare available), Ground transportation (e.g., shuttle, taxi, Uber, car rental), Lodging and meals, Parking fees and tolls (when applicable), Travel time: From home airport to destination lodging is billed at 50% of the standard hourly rate. Open to discussing a flat travel fee depending on the location and specifics of the matter.

Languages

English

Citizenship

United States of America

Locale

Pittsburgh, Pennsylvania