Mediator Resume

Full-time neutral with over 30 years of experience in litigation, arbitration, and mediation. Known for combining deep subject matter insight with efficient, even-handed case management. Handles business, tort, consumer, and employment disputes with clarity, economy, and sound judgment. Recognized for careful listening, early issue framing, and delivering fair, well-reasoned outcomes that withstand scrutiny. Respected for professionalism, adaptability, and a calm, no-nonsense approach - even in high-conflict or high-stakes matters. The practice is grounded in a singular premise: to offer clear thinking, calm leadership, and effective resolution for your most demanding cases. Always focused on Unlocking Solutions for Demanding Cases.

Nationwide ADR – Arbitrator, Mediator & Professional Neutral

Full-time Arbitrator, Mediator & Professional Neutral

Arbitrator/Mediator/Neutral, Nationwide ADR (formerly Ohio ADR), 2020-Present; The Entrepreneurial General Counsel, The Ernst Law Firm, 2017-2025; Partner, Bricker & Eckler, LLP, 2008-2017 (Chair, Alternative Dispute Resolution Practice Group); Partner, Buckingham Doolittle & Burroughs LLP, 2005-2008; Partner, Weston Hurd Fallon Paisley & Howley LLP, 1999-2005; Associate, Weston Hurd Fallon Paisley & Howley LLP, 1997-1999; Sole Practitioner, Ernst & Co. LPA, 1996-1997; Partner, Ernst & Dowling, 1992¬-1996; Judicial Law Clerk, Honorable Ralph A. McAllister & Honorable Patricia A. Cleary, Cuyahoga County Court of Common Pleas, 1991-1992.

Retired litigator and outside general counsel with more than 30 years of experience representing clients across a wide spectrum of industries and legal issues. Handled matters ranging from plaintiffs’ personal injury and insurance defense to complex business contracts, torts, employment disputes, and construction litigation. Served as lead trial counsel in cases with claims exceeding $160 million and was appointed Special Master in a class action valued at $450 million. Clients have ranged from sole proprietorships to Fortune 20 corporations. Recognized authority on tort law and author of Baldwin’s Ohio Practice: Tort Law 2d (West/Thomson Reuters), the state’s only comprehensive tort treatise. Regularly teaches, writes, and lectures on topics related to torts, business disputes, and dispute resolution. Since 2008, served primarily as outside general counsel to a variety of businesses, focusing on business litigation, employment disputes, and risk management. Representative matters include: • National litigation manager and later outside general counsel for the U.S. subsidiary of a global manufacturing company with $3B in annual sales, overseeing breach of contract and warranty litigation across the country. • Successfully represented a statewide political party in pre-election litigation between the campaign committees of Donald J. Trump and Hillary Rodham Clinton ahead of the 2016 Presidential Election. • Represented multiple public school districts in a variety of commercial and employment-related lawsuits. • Successfully litigated a commercial dispute involving hydroelectric turbine infrastructure. • Obtained reversal on appeal of an adverse Board of Zoning Appeals decision concerning the siting of a wireless telecommunications facility. • Secured affirmance on appeal of favorable zoning decisions related to wireless telecommunications infrastructure. • Represented the nation’s largest restaurant chain in litigation with a franchisee. • Successfully defended the majority shareholder in a closely held corporation against minority shareholder claims. • Defended a $4 million claim arising from the sale of a business, resulting in a favorable outcome. • Successfully defended a girls' parochial college preparatory high school in a high-profile negligent hiring and sexual battery lawsuit. • Represented a local real estate developer in disputes involving historic preservation and development rights. • Successfully represented a minority partner of a general partnership in breach of fiduciary, civil conspiracy, and conversion litigation against the majority partners. • Successfully represented a property owner in a breach of contract case pertaining to a failed residential sale after buyer refused to close the deal. Recognized authority on tort law. Author of Baldwin’s Ohio Practice: Tort Law 2d—the only comprehensive treatise on Ohio tort law—spanning more than 6,000 pages across 29 chapters, including in-depth coverage of business torts. Published by West and available on Westlaw. Named a “Best Lawyer” by U.S. News & World Report (7 times) and a “Super Lawyer” by Thomson Reuters (18 times), reflecting sustained peer recognition for excellence in the legal profession.

Over a decade of experience as a mediator, with a primary focus on complex business, tort, consumer and employment disputes. Extensive background mediating multi-party and high-stakes cases, including numerous matters involving seven-, eight-, and nine-figure claims. Valued for a calm, pragmatic approach that balances legal insight with active listening and strategic facilitation. Business, Commercial & Tort Mediation • Mediated disputes involving breach of contract, business torts, fraud, breach of fiduciary duty, tortious interference, non-compete and trade secret enforcement, and commercial partnership disputes. • Extensive experience with business litigation, commercial litigation, and complex contract mediation, including franchise, licensing, and supply chain disputes. • Regularly handles business divorce, shareholder, and member disputes in closely held entities. • Mediated multiple cases involving deceptive trade practices, intellectual property claims, and commercial torts. Employment Mediation • Mediated numerous employment disputes under Title VII, ADA, Equal Pay Act, and related statutes. • Experience includes claims of discrimination, harassment, retaliation, and wrongful termination. • Regularly mediates workplace and EEO disputes involving allegations of gender, disability, and national origin discrimination. • Experienced in cases involving non-compete agreements, executive compensation, and employment contract enforcement. Consumer & Insurance Mediation • Mediated consumer protection, fair credit reporting (FCRA), debt collection (FDCPA), truth in lending (TILA), and retail installment sales (RISA) disputes. • Experience mediating insurance coverage and bad faith claims involving personal injury, property damage, and UM/UIM issues. • Regularly mediates consumer fraud and financial services disputes arising under state and federal statutes. Personal Injury & Tort Claims • Mediated personal injury, premises liability, and negligence actions, including complex multi-party tort and insurance coverage matters. • Experience includes mediation of catastrophic injury, motor vehicle accident, and landlord/tenant injury disputes. Complex & Multi-Party Mediation • Skilled at coordinating multi-party negotiations, mass arbitration follow-up mediations, and cases involving parallel proceedings. • Combines facilitative and evaluative techniques to guide parties toward practical, business-oriented outcomes Known for effectively navigating emotionally charged and high-conflict scenarios, especially those involving reputational risk, regulatory overlay, or internal organizational dynamics. Combines deep subject matter knowledge with a tailored, case-specific mediation style that helps parties move beyond gridlock and reach sustainable resolutions.

Sample matters include a broad variety of business disputes between: • Brewing company and heavy industrial elevator company • Shareholders of a brewing company • Electrical contractor, industrial chemicals company, and public transit system • Manufacturer, auctioneer, and close-out wholesaler. • Franchisors & franchisees • Contractors and property owners • Shareholders of industrial mineral processor. • Investors and companies • Trade Secrets Also, tort cases involving: • Motor vehicle accidents • Slips and falls • Bad Faith insurance • Breach of fiduciary duties • Tortious Interference Also, employment matters concerning: • Disability discrimination • National Origin discrimination • Gender discrimination • Title VII violations • Sex discrimination • Shareholder disputes Also, consumer matters: • Fair Credit Reporting Act (FCRA) • Fair Dept Collection Practices Act (FDCPA) • Truth in Lending Act (TILA) • Retail Installment Sales Act (RISA) • Identify Theft In addition, serve in the following ADR roles: · Panelist for United States District Court, Northern District of Ohio Alternative Dispute Resolution program. · Mediator for United States District Court, Southern District of Ohio Alternative Dispute Resolution program. · Panelist for Cuyahoga County Court of Common Pleas Department of Dispute Resolution Business Mediation Program.

There is no single formula for effective mediation. Each case demands its own approach, tailored to the parties, the nature of the dispute, and the dynamics at play. I draw from all four of the principal mediation styles - facilitative, evaluative, narrative, and transformative - and apply the method or combination of methods best suited to the moment. • Facilitative mediation focuses on helping parties communicate more effectively, explore interests, and identify their own solutions - often without the mediator offering opinions. • Evaluative mediation involves a more active mediator role, offering feedback on legal strengths and weaknesses, and assessing likely outcomes if the case proceeds to trial or arbitration. • Narrative mediation helps parties reshape the stories they tell about the conflict, often uncovering new perspectives and reducing entrenched positions. • Transformative mediation emphasizes empowerment and recognition, with the goal of improving communication and fostering mutual understanding - even if resolution is not immediately achieved. In most cases, I begin with a facilitative approach to create space for constructive dialogue. As the mediation progresses, I often shift into a more evaluative mode - particularly when parties or counsel benefit from a clear-eyed assessment of risk and exposure. In other situations, elements of narrative or transformative methods can prove useful, especially where personal dynamics or ongoing relationships are at stake. What remains constant is my commitment to preparation, clarity, and neutrality. I listen carefully, ask focused questions, and adjust the process to fit the contours of the dispute. My goal is always to help parties find durable, informed resolutions - efficiently and respectfully.

Proficient in the majority of common technologies, including, but not limited to Zoom, Teams, WebEx, Blue Jeans, LoopUp, When2Meet, Word, Excel, NetSuite, Monday, Quicken/QuickBooks, Clio, & Juro.

Case Western Reserve University School of Law (JD - 1991), Tufts University (BA, International Relations & American History - 1988).

Admitted to the Bar: Ohio (1991); U.S. Supreme Court (2001); U.S. Court of Appeals: 6th Circuit (1995); U.S. District Court: Northern and Southern Districts of Ohio (1992/2003).

American Bar Association (2002-Present) (Dispute Resolution Section & Litigation Section's Alternative Dispute Resolution Committee); Ohio State Bar Association (1993-Present); Cleveland Metropolitan Bar Association (2008-Present) (Alternative Dispute Resolution Committee); Federal Bar Association (2021-2022) (Alternative Dispute Resolution Committee); William K. Thomas American Inn of Court (2007-2010, 2011-Present) (Master of the Bench --Emeritus); Mensa (1998-Present); Ohio Mediation Association (2020-Present).

A complete list of publications is available upon request. Listed below is a sampling: Books: • Baldwin's Ohio Practice: Tort Law 2d (West) 2010 • Baldwin's Ohio Practice: Tort Law (West) 2005 Articles: • “How Curt Flood Can Help Your Alternative Dispute Resolution” Cleveland Metropolitan Bar Journal (July/August 2022) • “The Practitioner’s Guide to Pre-Mediation Conferences, or: How I Learned to Stop Worrying and Love the Spice Girls” Cleveland Metropolitan Bar Journal (July/August 2020) Blog Posts: • Written & posted about every 2 weeks. • Accessible at https://www.nationwideadr.com/nadrjournal Presentations: • Panel Discussion, Alternative Dispute Resolution class, Case Western Reserve University School of Law" (2025) • Christopher Ernst. The Entrepreneurial General Counsel" (UpNext with Gabriella Mirabelli Podcast, 2021) • "Episode 12: Do's and Don'ts for Attorneys in Mediation" (Meetups with Mediators Podcast, 2021)

No charge for travel time within the State of Ohio. Zoom video conferences and hearings are available at no additional charge to the participants.

Hourly Rate: $400.00 Daily Rate: Not provided Study Rate: $400.00/hr Cancellation: $500.00/Day Cancellation Period: 2 Days Comment: No charge for travel time within the state of Ohio. Reasonable expenses (including travel expenses) are passed on "at cost", without any markup.

English

United States of America

Cleveland, Ohio