Mediator Resume

Moran Kidd Lyons Johnson Garcia - Of Counsel

Of Counsel, Moran Kidd Lyons Johnson Garcia, 2013-Present; Shareholder, The Tessitore Law Firm, 2009-2013; Shareholder, McClane Tessitore, 1999-2009; Associate Attorney, Maguire Voorhis & Wells, 1992-1998.

Over 33 years of experience handling complex commercial litigation and bankruptcy matters in Florida’s state and federal courts. Proven expertise in all phases of the dispute resolution process including negotiation, mediation, arbitration and trial. Skilled in handling international commercial disputes and cross-border litigations. Spanish language proficiency. Counseled clients in a wide range of complex commercial disputes, including disputes involving breach of contract, commercial lending and finance, torts, fraud, real estate, debt collection, insolvency, voidable transfers, and business ownership and governance. Representative clients have included real estate developers, financial institutions, professional fiduciaries, contractors, hospitality and entertainment companies and entrepreneurs. Served for many years as an adjunct professor at Stetson University College of Law, teaching advanced courses on international litigation and arbitration. Honors include Martindale-Hubbell AV® Preeminent™ Rated and The Best Lawyers in America® selections for bet-the-company litigation, bankruptcy, creditor-debtor rights law, insolvency and reorganization law and commercial litigation.

Florida Supreme Court Certified Mediator and Florida Supreme Court Qualified Arbitrator. Extensive experience mediating complex commercial litigation and bankruptcy disputes since 2007, including matters involving breach of contract, lending and finance, tort and fraud claims, real estate sales and leases, debt collection, insolvency, voidable transfers, adversary proceedings and contested matters in Chapter 11 and Chapter 7 cases and business ownership and governance. Skilled in both court-ordered and private mediations, including multiparty and high-profile disputes. Serving as a member of the American Arbitration Association’s Commercial Panel since 2017.

Matters most frequently mediated include disputes involving breach of contract, lending and finance, tort and fraud claims, real estate sales and leases, debt collection, insolvency, voidable transfers, adversary proceedings and contested matters in Chapter 11 and Chapter 7 cases, and business ownership and governance. Some representative matters recently handled as a mediator include: multi-million dollar claims brought by a sports agency and academy against a sporting goods licensing company and its parent company for alleged breaches of a joint venture and licensing agreement; breach of contract and fraud claims brought by a creditor against a large, alleged Ponzi investment scheme; contested Chapter 11 confirmation proceedings involving the restructuring of a national restaurant chain; multi-million dollar claims brought by the minority member of an LLC against the majority member for breach of fiduciary duty and judicial dissolution of a real estate development company that was allegedly mismanaged and suffering from waste; claims for specific performance and breach of contract brought by a purchaser against a seller for allegedly failing to deliver title to real property; breach of contract and warranty claims brought by a trash recycling facility against a supplier of allegedly defective recycling equipment; breach contract and fraud claims brought by a large developer and home builder against commercial landscaping company for allegedly defective landscaping services rendered to large residential community; and fraud and breach of contract claims brought by purchaser of a multiple restaurant businesses against the seller based on alleged misrepresentations regarding the financial performance of the businesses.

My approach as a mediator begins with carefully listening to gain a complete understanding each party’s concerns, objectives, and the strengths and weaknesses of their positions. I then help the parties objectively assess the merits of their case, evaluate practical settlement options, and weigh the risks and rewards of continued litigation. As a trusted neutral, I bring experience, analytical insight, and creativity to resolving complex disputes. I am fully committed to the mediation process and devote the time necessary, whether through late nights or multi-day sessions, to achieve resolution. I emphasize confidentiality and often hold preliminary conferences with counsel to enhance efficiency and effectiveness. I expect that counsel will prepare clients in advance so that the mediation conference is focused and productive, and I remain mindful that mediation can be costly, ensuring that no party’s time or resources are wasted.

Skilled in conducting virtual ADR proceedings via Zoom.

Stetson University College of Law (LLM, International Law & Business, Summa Cum Laude-1999); University of Florida College of Law (JD, with High Honors-1992); University of Notre Dame (BA, Spanish, with Honors-1987).

Admitted to the Bar: Florida (1992); US District Courts: Middle District of Florida (1992), Southern District of Florida (2011), Northern District of Florida (2013); US Supreme Court (1996).

Florida Bar Association (Business Law Section, International Law Section, Alternative Dispute Resolution Section).

From Russia with Love: 11th Circuit Affirms the Utility of 28 U.S.C. §1782 in International Discovery, The Florida Bar Journal, 2016; Southern District Announces Potential Game Changer in Fraudulent Transfer Litigation, International Law Section Gazette, 2016; Florida Civil-law Notary: A Practical New Tool for Doing Business with Latin America, 32 Stetson Law Review 727, 2003; The U.N. Convention on International Sales and the Seller's Ineffective Right of Reclamation Under the U.S. Bankruptcy Code, Willamette Law Review, 1999; Foreign Litigants Seek Forum to Litigate - Is Florida Open for Business?, Florida Bar Journal, 2005; A Tiger to the South: The Emerging Importance of Mercosur, International Law Quarterly of the International Law Section of the Florida Bar, 1999; Immunity and the Foreign Sovereign: An Introduction to the FSIA, Florida Bar Journal, 1999; Fifth DCA Tackles International Forum Battle, International Law Quarterly, 2000; Give Us Your Tired, Your Poor, Your... Money Judgments: The Emergence of Florida's Uniform Out of Country Foreign Money Judgment Recognition Act, International Law Quarterly.

Central Florida

Hourly Rate: $525.00 Daily Rate: Not provided Study Rate: $525.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: No cancelation fee. No minimum.

English; Spanish

United States of America

Orlando, Florida