Mediator Resume

ArbDB Chambers, Member

Attorney, Consultant, Educator, Executive, Mediator

Member, ArbDB Chambers, 2016 – Present; Senior Vice President - Europe, Middle East, Africa, International Centre for Dispute Resolution – AAA, 2001 – 2015; Assistant Director, Regional Director, Regional VP, Senior VP, American Arbitration Association, 1976 – 2001.

Independent International Arbitrator and Mediator with ArbDB Chambers in London. Nearly 40 years of global arbitration and mediation experience, having lived and worked in Europe, the Middle East and Africa since 2001 and having served in both executive and senior executive positions at the American Arbitration Association (AAA) and International Centre for Dispute Resolution (ICDR), leaving ICDR/AAA as Senior Vice President-EMEA in December of 2015. Thoroughly familiar with Civil and Common Law arbitration practice and procedure, with 30 years of experience in training arbitrators on four continents on behalf of various arbitral institutions, government ministries, Courts and NGOs. Training typically focused on transnational best practices in case management, the taking of evidence and the decision-making process. While serving as an executive for American Arbitration Association (AAA) personally administered or was responsible for the administration of thousands of commercial arbitrations. Also managed arbitral pre-filing and preliminary hearings, acting in a role similar to a US Federal Court Magistrate, addressing issues including jurisdiction, arbitrator appointment/conflicts, and scheduling and information exchange. Practice areas of experience include general B-to-B Commercial, Construction/Infrastructure, Energy, Technology, Joint Venture/Partnership, Franchising, Licensing, Insurance and Real Estate. In addition to administering and/or mediating hundreds of Construction industry disputes, worked closely with every industry segment including owners/employers, design professionals, contractors, subcontractors and suppliers. While a Senior Vice President for American Arbitration Association in the 1990's managed the American Arbitration Association's relationship with the Construction Industry. Worked with industry professionals on the design and development of new procedural rules, including the American Arbitration Association's first set of Dispute Review Board Procedures and Model Dispute Board Contract Specifications. Worked with the Energy Industry, starting as a Regional executive for AAA and facilitating the arbitration of large and complex industry claims and, more recently, working with a major Energy corporation in Europe on the development of online negotiation/arbitration procedures for the resolution of disputes with suppliers. Also facilitated ICDR's role as Secretariat to the Energy Arbitrators List (EAL), more recently serving as a member of the EAL Steering Committee.

Experience as a mediator in variety of industry settings as follows: Construction - Public and Private projects, usually building construction and invariably multi-party (Owner-Employer, Contractor, Subcontractor/Supplier, Design Professional); Technology (Suitability; Buy-Sell Agreements); Joint Venture (Professional Practice); Banking (Commercial Loan Agreements); Buy/Sell Agreements (Commercial Real Estate); Equipment Leasing (Collections); Securities (Investor-Broker); Higher Education (Departmental Disputes).

In Construction, mediated cases involving alleged negligence on the part of supplier/subcontractors and design professionals; breach of contract claims involving owner/employer and contractors; delay damages/no damages for delay claims between contractors and owner/employer; contract claims for extras, change orders and termination. In Technology, mediated claims for breach of sales contract; product failure; breach of implied or express warranties (suitability for purpose). Joint Venture cases included matter involving long-standing lawsuit between members of a medical practice; issues included breach of joint venture obligations and valuation issues. In Banking, representative case involved dispute between a Regulator standing in for a failed lending institution and a real estate developer/borrower. Issues included breach of contract and bad-faith lending. Buy/Sell agreements experience included dispute involving sale of a car dealership; mis-representation and non-representation issues; valuation issues. Higher education cases involved single institution with new budgetary constraints and long-standing inter-departmental competition. Securities issues included churning and suitability. Equipment leasing issues included breach of contract/payment and collection.

The mediation process is a creature of the parties' agreement. I will be pleased to follow the parties' agreements as to process and, in the absence of agreement, I will work with the parties and their representatives to structure a process that suits the particular dispute. Successful mediation begins with sound preparation. Parties and/or their counsel should be prepared to participate in an organizational conference call soon after my appointment is confirmed. Besides scheduling, topics of the organizational call will include conversation regarding participation, anticipated or desired, of persons and pre-conference information exchange that would assist settlement. Parties should also anticipate filing summary pre-mediation statements with me and their counter-party/parties outlining their perspective on the dispute. If helpful, any party may also file a confidential pre-mediation statement with me only. At the mediation conference, summary statements from counsel will be entertained and encouraged but my experience is that the mediation process works best when the parties participate actively from beginning to end. If possible I prefer to begin the mediation with all parties present. It provides an opportunity for each party to hear from their counter-party/parties directly, a wonderful opportunity for education. Generally speaking my role early in the process is to encourage dialogue and listen actively, summarizing or asking short clarification questions for my own benefit and the benefit of others. If and when appropriate I am also comfortable working with the parties in individual, private caucuses. A caucus can be helpful for safely addressing barriers to settlement or possible options for settlement. Parties can expect that I will take a more inquisitorial role in the caucus. My experience is that the parties benefit significantly from reality testing, responding to questions and reactions from an impartial mediator. Ultimately mediation becomes a search for appropriate and effective solutions. My firm belief is that the best solutions come from the parties themselves and that my role is to assist the active exploration of settlement options. My approach is to listen carefully for opportunities, posing questions regarding interests, needs and priorities and assisting the parties to think broadly about settlement options. When the parties reach settlement my habit is to confirm at least the heads of agreement with all parties present and then to leave the drafting of the settlement agreement to parties' counsel, intervening where necessary to keep that process on track.

Manhattan College - Bronx NY - BA (Political Science/Peace Studies) 1976 University of Denver College of Law - JD 1986

Admitted to the Bar: Colorado, 1986.

International Bar Association; International Mediation Institute.

Selected Publications: The Chess Clock in International Arbitration - Les cahiers de l'arbitrage - Reprinted by Juris Publications 2015 The International Centre for Dispute Resolution - Arbitration World - European Lawyer - 2015 Selected Recent Speaking Engagements: 1st Annual Conference on Energy Arbitration and Dispute Resolution in the Middle East and Africa; London Centre of International Law Practice - Commercial Arbitration; Project Solutions Russian Institute of Industrialists and Entrepreneurs (RSPP) - Recent Developments in International Commercial Arbitration Istanbul Energy Conference - Recent Innovations in Energy Industry Arbitration ICC Swiss National Committee - The Impact of Sanctions on International Arbitration African Legal Support Facility (AfDB) and Pan African Lawyers Union- Drafting Dispute Resolution Clauses

Hourly Rate: $450.00 Daily Rate: Not provided Study Rate: $450.00/hr Cancellation: $1,600.00/Day Cancellation Period: 7 Days Comment: Alternative billing rate is per diem 3,000 USD Plus travel and accommodation expenses EXCEPT no travel or accomodation expenses for mediations in Dublin, Ireland; London, England or Paris, France.

English

Ireland; United States of America

United Kingdom