Mediator Resume

Fulltime professional neutral (arbitrator, mediator, and court-appointed Special Magistrate) assisting parties, counsel, and courts by drawing on over four decades of experience as an advocate in corporate governance and complex commercial breach of contract matters.

Independent Arbitrator/Neutral

Attorney; Arbitrator

Independent Arbitrator/Neutral, 2026 - Present; Partner, Young Conaway Stargatt & Taylor, LLP, 1990 - 2025; Associate, Young Conaway Stargatt & Taylor, LLP, 1985 - 1989; Associate, Potter Anderson & Corroon, 1983 - 1985; Law Clerk to The Honorable Daniel L. Herrmann, Chief Justice of the Delaware Supreme Court, 1982 - 1983.

Over 40 years of experience representing clients in corporate and commercial counseling, litigation, and ADR proceedings. Now serves fulltime as an arbitrator, mediator, and court-appointed Special Magistrate (formerly Special Master).

Have successfully mediated disputes pending in the Delaware Court of Chancery, the Delaware Superior Court, the Delaware Court of Common Pleas, and the United States Bankruptcy Court for the District of Delaware. In addition, have successfully mediated disputes that have not yet ripened into litigation or arbitration.

Corporate governance disputes, post-merger/sale of stock or assets disputes, and other complex commercial breach of contract disputes.

My goal as a mediator is to assist parties and their counsel (and sometimes insurance carriers) to achieve creative win-win resolutions and, where appropriate, positive future relationships. My style or approach as a mediator is to do my best to listen more and talk less. From the outset, I seek to establish trust and rapport with the participants. This ranges from information gathering before and during the mediation to exploring possible outcomes, depending upon the participants’ core interests. I am facilitative, evaluative, or both depending upon the circumstances. As to process preferences, I typically request that parties and their counsel join me in entering into a brief written Agreement to Mediate. That Agreement emphasizes the critical importance of confidentiality. In addition, the Agreement contains a schedule for the mediation session and for the submission of two sets of pre-mediation documents: (i) exchanged mediation statements, and (ii) ex parte side letters that share with me strengths and weaknesses of the parties’ positions, costs to date, anticipated costs should the matter not resolve; any settlement negotiations history, and current settlement authority. I am also open to receiving whatever other information the parties and their counsel believe will helpfully inform me in advance of the mediation session. Relatedly, I invite (but do not require) pre-mediation calls and/or in-person meetings – joint or ex parte. At the start of the mediation session, I typically convene a plenary “meet and greet” gathering. There are no substantive presentations during those meetings. Instead, I encourage brief self-introductions. In addition, I stress the opportunity for the parties and their counsel to work together in good faith to achieve a resolution with all of the attendant benefits. And I reiterate the obligation on the part of all to maintain confidentiality before, during, and after the mediation session. Finally, I point out that this will be hard but rewarding work, and that patience and perseverance throughout the process will be key. I strive to conclude every mediation with a signed term sheet, and I confirm my continued availability to assist if definitive settlement documentation will follow. If for some reason the dispute has not been resolved by the end of the mediation session, I confirm my availability to continue to assist the parties and counsel with getting to closure – “getting to ‘yes.’”

Washington and Lee University School of Law (J.D. - 1982); Colgate University (A.B., English - 1979).

Admitted to the Bar: Delaware (1982); U.S. District Court: District of Delaware (1983); U.S. Court of Appeals: Third Circuit (1991); U.S. Supreme Court (1991).

College of Commercial Arbitrators (CCA) (Fellow-Elect); Academy of Court-Appointed Neutrals (ACAN) (Fellow); National Academy of Distinguished Neutrals (NADN) (Member); American Bar Association (Past Chair, Business Law Section; Former State Delegate from Delaware to the House of Delegates; former member of the Legal Opportunity Scholarship Fund Fundraising Committee; current member of the Law Library of Congress Advisory Committee); American Bar Foundation (Past State Chair); American College of Business Court Judges (Honorary Member); American Counsel Association (Past President); American Judicature Society (Past President); Delaware State Bar Association (Past President; Past Chair, Alternative Dispute Resolution Section); Delaware Volunteer Legal Services, Inc. (pro bono attorney).

Select Publications: William D. Johnston, "Mediation and Arbitration: Showcasing 'The Delaware Way' At Its Finest," Delaware Lawyer, Issue 2 (Delaware Bar Foundation 2024); William D. Johnston, “The Advantages of Mediating Fiduciary Duty and Other Business Governance Disputes,” Alternatives to the High Cost of Litigation, Volume 34, Number 10 (International Institute for Conflict Prevention and Resolution) (Nov. 2016); William D. Johnston, et al., Indemnification and Insurance for Directors and Officers, 54-3rd Corporate Practice Portfolio Series (BNA) (2017); William D. Johnston, Examination of the Financial Expert Witness at Trial: Some Nuts and Bolts – Delaware Law and Practice, presented at the Fall Meeting of the ABA Business Law Section (Nov. 22, 2013). Select Speaking Engagements: Presenter- "The Delaware Way and Ethical Considerations for Litigation and ADR in Delaware (Delaware State Bar Association 2024); Presenter- “Commercial Arbitrator Training Seminar” (Delaware State Bar Association 2022); Presenter- "Planning Your Next Arbitration" (Delaware State Bar Association 2021); Presenter – “Current Trends in Alternative Dispute Resolution” (Delaware State Bar Association 2018); Program Co-moderator – New York Law School/ABA Business Law Section Symposium: ADR and Diversity (New York, NY Jan. 17, 2018); Moderator – “The Business Case for Diversity in Business Dispute Resolution,” New York Law School/ABA Business Law Section Symposium: ADR and Diversity (New York, NY Jan. 24, 2017); Panelist – “Training Today’s Lawyers to Resolve Tomorrow’s Disputes, “ New York Law School/ABA Business Law Section Symposium: ADR and the Young Lawyer (New York, NY Jan. 29, 2016); Moderator – “ADR Contractual Provisions: Best Practices and Recent Developments” (DSBA ADR Section Feb. 12, 2014); Panelist – “Examination of the Financial Expert Witness at Trial,” ABA Business Law Section (Washington, D.C. Nov. 22, 2013).

Wilmington, Delaware

Hourly Rate: $1,850.00 Daily Rate: Not provided Study Rate: $1,850.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: Reimbursement for expenses incurred, including Business Class travel. May also bill for staff attorney assistance and/or paralegal assistance to promote efficiency and cost-effectiveness. Current staff attorney hourly rates range from $375 to $575. Current paralegal hourly rate is $195.

English

Ireland; United States of America

Wilmington, Delaware