Mediator Resume

Thirty plus years in the legal profession, including an AmLaw 100 firm in NYC, a "boutique" firm in Washington, D.C. and less than 100 lawyer firm in Kansas City, MO. One constant throughout all these changes is a focus on commercial litigation. As in-house counsel, was responsible to supervise and oversee an extensive volume and variety of employment and business disputes. Abundant experience analyzing, valuing and negotiating settlements. Established a 100% neutral practice focusing on mediation, arbitration and other forms of dispute resolution in 2011 which continues to present.

Brevard Mediation Services LLC - Owner

Arbitrator, Mediator, Attorney, Educator

Owner/Mediator/Arbitrator, Brevard Mediation Services LLC, 2011 - Present; Senior Home Office Claims Attorney, Zurich North America, 1999 - 2010; Shareholder, Niewald Waldeck & Brown, 1994 - 1999; Associate, Wiley, 1991 - 1994; Associate/Summer Associate, White & Case, 1988 - 1991; Law Clerk, Pepsico Inc., 1987.

Commercial: Contract interpretation issues generally involving businesses and business torts. Disputes involving sale of goods and services (UCC Article 2). Secured transactions issues (UCC Article 9). Healthcare commercial issues re partnerships, contracts, admitting privileges; TPA and insurance management disputes re standard of care and personal injury issues. Representative issues include parole claims involving parties’ intent in context of contract ambiguity; contract interpretation doctrines; late notice and prejudice claims; misrepresentations or omissions and impact on contract interpretation; breach of fiduciary claims; breach of good faith and fair dealing claims; extracontractual and bad faith insurance claims; subrogation and indemnification claims; franchisee/franchisor disputes concerning breach of contract and improper use of trademarks and copyrights; corporate governance litigation (including piercing corporate veil); letter of credit disputes; choice of law; non-solicitation and non-compete covenants involving validity, scope and application; business torts such as fraudulent misrepresentation, negligent misrepresentation. Employment: ADA physical barrier disputes; ADA discrimination; failure to accommodate; employment disputes arising under federal and state laws (private employers) including race, sex, disability, religion, FMLA, retaliation, age; failure to hire, failure to promote, disparate treatment, constructive discharge, retaliatory firing, WARN Act claims, FLSA claims, wage and hour claims, non-compete covenants. Consumer: Consumer disputes involving insurance claims via state regulatory dispute resolution processes, swimming pool construction disputes, lawn care services contract disputes, automobile financing disputes including "spot delivery" disputes; fraudulent deceptive and unfair trade practices (FDUTPA) claims; Truth in Lending Act claims; Fair Credit Reporting Act (FCRA) claims; Fair Debt Collection Practices Act claims; credit card disputes, attorney-client grievance and fee disputes; legal malpractice claims, intentional tort claims involving slips and falls, negligent security cases; personal injury cases; claims involving the securitization of consumer debt and effects on unpaid balances; credit repair organization cases involving state and federal law violations; cryptocurrency claims arising from stolen identity via cellphones.

Commercial disputes involving franchisee/franchisor disputes; letter of credit disputes; business torts including fraudulent/negligent misrepresentation claims; coverage disputes between policyholders and carriers; premium audit disputes; car financing deals and consumer protection laws such as Truth in Lending, Fair Credit reporting, Consumer Leasing Act, Magnusson Moss Warranty Act; state lemon laws; deceptive and unfair trade practices acts; credit reporting and credit repair claims, including FDCPA and FCCPA claims; IELA disputes involving school boards; vocational rehabilitation statutory violations, ADA physical barrier disputes; employment disputes under federal and state laws in Florida (private employers) including race, sex, disability, religion, FMLA, retaliation, age; unfair termination claims; whistleblower claims; breach of employment contract claims; foreclosures in bankruptcy proceedings; dram shop liability; ad valorem taxing claims; inverse condemnation claims; partition claims under Florida law; property damage claims arising from hurricanes and other catastrophic weather events; catastrophic personal injury and wrongful death suits; bad faith insurance claims; failed or rescinded adoption claims; consumer torts; legal malpractice and billing disputes; commercial tenant lease disputes; trademark infringement claims; employee vs. independent contractor misclassification claims; fraud and misrepresentation. Multi-party mediation experience in commercial, coverage, employment and personal injury contexts. Mediating since 2008; approximately 3500 cases mediated.

Sexual harassment/hostile work environment (based on gender/age/race); sexual torts as a variant of personal injury (pastor or spiritual advisor negligence); retaliation in employment (direct or associative); wrongful termination/constructive discharge; failure to hire/promote; ADA discrimination (physical barriers as well as hiring, firing, hostile work environment); race/color discrimination under Section 1981 and Title VII; FMLA discrimination/retaliation; service animal issues and discrimination; age discrimination; religious discrimination; insurance coverage disputes; insurance bad faith (liability policies and property damage policies); subrogation; failure to defend/wasting policies; excess demands, excess judgments, SIR issues; pro rata divisions of coverage between policies in same year/pro rata divisions of coverage across time spans; catastrophic personal injury and wrongful death involving failing products or accidents; multi-vehicle chain accidents; use of structures; home-owner associations and director liability; legal malpractice; inverse condemnation.

Mediation as a tool to resolve disputes is limited only by the parties’ ingenuity. My focus, without overlooking parties’ self-determination, is to enable parties to reach resolutions that are cost-effective and results-oriented. To resolve a case, all sides must have the best information possible about what the opposing side(s) will do or is willing to do. Getting to that information requires more from a mediator than just conveying offers and demands. My goal is to help the parties achieve resolution, or barring that, complete information to provide clarity about future case decisions. Typically, I will review what information is available on a dispute (such as a court docket), request the parties to provide summaries with information that is designated as confidential at their discretion and conduct pre-mediation phone calls to address any potential issues in advance and start to focus on a results-oriented outcome. I am well-versed in mediation techniques and ethical issues and can guide the parties in the process as a pair of "safe hands". My experience also permits me to function as a resource for the parties in terms of negotiation strategies, remaining optimistic and tenacious in the face of obstacles, and assisting the parties in reality-checking when needed. My goal is to be as effective as possible without undermining the parties' decision making process.

Proficient in virtual conferences via Zoom and other meeting platforms; use of AI and impact potential for mediation contexts; ethical and professionalism implications of AI use in mediation and other forms of ADR. Successfully completed Clearbrief Academy, January 2026.

New York University School of Law (JD-1989); Wesleyan University (BA, with Honors-1983).

Admitted to the Bar: New York (1990), Florida (2004). Florida Supreme Court Certified Circuit Civil Mediator (2008); Florida Supreme Court Certified County Mediator (2009); Florida Supreme Court Appellate Mediator (2010); Florida Qualified Arbitrator (2011); Florida Supreme Court Approved Primary Trainer Circuit Civil Mediation (2019).

National Academy of Distinguished Neutrals; American College of Civil Trial Mediators; Florida Bar ADR Section; Brevard County Bar Association; Brevard County Association of Women Lawyers, American Bar Association Dispute Resolution Section

The Florida Bar - ADR Section, Mentoring Academy for Mediators, 2020, 2023, 2025; The Florida Bar ADR Section July 2025: Starting a 100% Neutral Practice; The Florida Supreme Court Dispute Resolution Center Bi-Annual Conference 2025: Plenary Presentation on the Use and Evolution of AI in Mediation; Florida Association of Professional Mediators Second Annual Dispute Resolution Conference April 2025: Updating technology for virtual mediations; Vassar B. Carlton Inn of Court 2025: Presentation on ADR, including Non-Binding Arbitration, and the Florida Bar's Fee Grievance and Mediation processes; The Florida Bar, Webinar on Hot Topics in Mediation, 2023; The Florida Dispute Center Annual Conference 2023 "Uncommon Solutions to Common Mediation Obstacles"; The Florida Bar Fee Grievance Mediation Arbitration Committee Webinar June 2023 "Fee Grievance Mediations --Do's, Don'ts, and What Ifs"; The Florida Bar, Webinar "Panel Debate on Non-Binding Arbitration," 2022; The Florida Dispute Resolution Center, Annual Conference 2021 "Mastering Mediation: The Experts Discuss Impact of Virtual Mediation and Adapting Mediation Techniques For Success in the Virtual Context"; The Florida Bar, Webinar: Arbitration On-Line, 2020; The Florida Dispute Resolution Center, 2019 Annual Conference "Ethics in Mediation (Who wants to be an Ethics Millionaire?)"; Upchurch Watson White and Max Webinar September 2023 "Pros and Cons of Artificial Intelligence in Mediation – The Next Frontier? "; Brevard County Bar Association Seminar October 2023 "Behind the Curtain: Practical and Ethical Constraints on Mediators." The Florida Bar, ADR Section Webinar: Effective Bracketing for Settlement Negotiations May 2024; "Oral Settlement Agreements Reached in Mediation: Enforceable?", The Florida Bar's ADR Section's THE COMMON GROUND, Spring 2024, Vol. 6, Issue 1. Presenter at Orange County Bar Association presentation of "Voice of the Mediation Client -- A Mediator/Litigator Forum" January 2026; Ethical Use of AI for Mediators Presented by the Palm Beach County Bar Association’s ADR Section April 2026; "Advanced Skills Symposium on Mediation", The Florida Bar, ADR Section Webinar August 2026.

Annually, during the months of June, July and August, is located in Rhode Island and will not be charging travel expenses for cases located in southern New England.

Hourly Rate: $475.00 Daily Rate: Not provided Study Rate: $475.00/hr Cancellation: $1,900.00/Day Cancellation Period: 5 Days Comment: Compensation rates, established by the AAA, are set forth in the applicable Consumer Mediation Procedures.

English

United States of America

Satellite Beach, Florida