Mediator Resume

Experienced attorney and arbitrator with diverse practice focusing on real estate and general business matters. Skilled in handling commercial litigation for various industries, such as retail operations, shopping centers, office and industrial properties, breach of contract and larger scale collections and payment disputes. Additional experience in employment and labor law as well as bankruptcy.

TKGADR Mediation & Arbitration Services - Independent Neutral

Arbitrator, Mediator, Attorney

Independent Arbitrator/Mediator, TKGADR Mediation & Arbitration Services, 2022-Present, Attorney, Law Office of Howard F. Kline, 2008-Present; Nevada Real Estate Agent, 2018-2023; California Real Estate Broker, 2005-2008; General Counsel, Legacy Electronics and Security First Corp, 2000-2005; Partner, Berger, Kahn, Shafton, Moss, Figler, Simon & Gladstone, 1994-1997; Attorney, Law Office of Howard F. Kline, 1990-1994; General Counsel & Director of Real Estate, Allied Education Corp, 1986-1990; Senior Associate, Blake, Barnett, Milman & Bell, 1985-1986; New York Real Estate Agent, 1983-1985; General Counsel, Big Bear Supermarkets, 1980-1983, Attorney, Law Office of Howard F. Kline, 1976-1980.

Commercial Real Estate: Since 1976, over 50% of legal practice has been representing commercial real estate lenders, landlords and tenants in lease disputes, collections, evictions, lease negotiations, premises liability issues. Significant experience with working with CMBS and Insurance Lenders and Special Servicers. Further significant bankruptcy experience representing landlords and other creditors. Employment: Served as general counsel and primary officer responsible for all employment matters, including employment agreements, disputes & litigation, OSHA, ADA, EEOC & Discrimination & Harassment matters. Labor: As General Counsel at Big Bear Supermarkets, served as the exclusive officer handling all arbitration matters between management and the various unions as an advocate for the supermarket chain. Negotiated collective bargaining agreements with the various unions and participated in a decertification election. General Business, Contract & Corporate: Represent various companies and industries in all aspects of commercial litigation. Represent various multi-level corporate entities in corporate matters and organizational matters and breach of contract lawsuits including TRO, TPO and appointment of receivers. Technology: As general counsel for two technology companies, Legacy Electronics, (memory manufacturer) and Security First Corp, (Finger Print Sensor and Security Software), drafted technology, joint venture, development, sales distribution agreements and NDAs, managed a portfolio of patents and trademarks.

Served as co-mediator in over 30 mediations since July 2022 in a wide variety of disputes including evictions, breach of real estate purchase and sale agreements, earnest money deposits, neighbor disputes, personal injury, breach of contract and other commercial and consumer disputes. Over the last 47 years, served as an advocate, likely on over 100 mediations in commercial real estate and business matters including evictions, rent collections, corporate dissolutions, breaches of contract and other business disputes, including various bankruptcy matters.

Primary issues handled as a mediator include evictions, breach of real estate purchase and sale agreements, earnest money deposits, neighbor disputes, personal injury, breach of contract and other commercial and consumer disputes.

While some sort of agreement between the parties is desirable, my primary focus as a facilitative mediator is to assist the parties to communicate in a way that allows them to reach their own agreement. This includes helping them identify their true interests that might underline their expressed positions. As an advisory mediator, I am able to fully analyze each parties interests, positions and evidence to give them a neutral but assistive opportunity to consider their case and evidence.

Familiar with ESI, social media and willing to conduct arbitration hearings in person, via videoconference/teleconference, or hybrid formats. Long standing experience with Microsoft Teams, Google Meet, Zoom and other video conferencing platforms. Extensive video and audio podcasting experience as well as live streaming. Long standing and extensive experience with legal case management platforms and legal research, time & billing as well as modern digital notetaking using markdown language, (.md) and backlinking.

Western State University College of Law (JD-1976); Oneonta State University (BA-1973). University of Las Vegas Nevada (Mediation Certificate-2022); Mediate.com (Mediation Certificate - 2023). ABA Arbitration Institute 2022/2023/2024

Admitted to the Bar: California (1976), Nevada (Pro Bono - 2024); U.S. District Court: Central (1976), Southern (1981), and Northern (1988) Districts of California.

American Bar Association; ABA Dispute Resolution Section; California Bar Association, Clark County; Nevada Bar Association; International Council of Shopping Centers, Nevada Dispute Resolution Coalition

How to Resolve Business Disputes – SBE Los Angeles and Las Vegas speaking engagement, (September 2023) and on YouTube; How an Organization can Resolve Internal Disputes, (10/2023) on YouTube; Top Tips from an Experienced Arbitrator, (May 2023) on YouTube; Preview of ABA Dispute Resolution Section Annual Conference, (April 2023) on YouTube, How to Resolve Disputes on Your Own, TKGADR Mediation & Arbitration Services website, (June 2023); The Difference Between Mediation and Arbitration, TKGADR Mediation & Arbitration Services website, (November 2022). Numerous videos and podcasts on CRE Radio & TV website since 2010 and on YouTube, Top Commercial Lease Clauses Tenants Must Pay Attention to (May 21, 2020), What Happens When A Franchisor Files for Bankruptcy (May 9, 2020) on YouTube, Can Truck Drivers involved in intrastate commerce be required to arbitrate? (February 28, 2024), How to Negotiate a Commercial Lease Use Clause on CRE Radio on YouTube (2021), What Commercial Brokers are Thinking in 2022 on CRE Radio on YouTube.

Las Vegas Dallas

Hourly Rate: Not provided Daily Rate: $1,500.00 Study Rate: $350.00/hr Cancellation: $500.00/Day Cancellation Period: 2 Days Comment: Hearings, including pre-mediation or post-mediation conferences with the parties or their counsel are on a minimum of 1/2 day or 4-hours at $750.00 per half-day. Anything over 4-hours is billed as a full day to a maximum of 7-hours at the rate of $1,500.00 per day. Anything over 7 hours in one day will be charged an additional $400.00 per hour. Travel is charged at the rate of $250.00 per hour or any portion there of where travel time is in excess of 2 hours in either direction. To be clear, there is no charge for travel time where travel for one hearing is less than 4 hours, total.

English

United States of America

Denton, Texas