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Mediator Resume

James M. Cunningham

James M. Cunningham

Professional Summary

Over 25 years of experience as a U.S. diplomat developing and executing strategies to resolve commercial disputes through mediation and negotiation. Extensive experience as U.S. Foreign Service Officer for commercial affairs in countries across Latin America, South Asia, East Asia and Southeast Europe. Mediated license agreement settlement between a U.S. software giant and Romanian Ministry of Communications; mediated IP disputes; successfully mediated investment disputes including the settlement of a $70M dispute between U.S. firm and Brazilian oil conglomerate.

Current Employer-Title

Elixir International - Partner

Profession

Consultant; Elixir International Diplomat; U.S. Foreign Service (retired)

Work History

Partner, Elixir International, 2024 - Present; Partner, International Business Development Services, 2020 - 2024; Regional Senior Commercial Officer for Andes and Panama (Washington) (2019-2020)/Senior Commercial Officer for Hong Kong (U.S. Consulate, Hong Kong) (2015-2019)/Regional Senior Commercial Officer for Southeast Europe (U.S. Embassy, Bucharest) (2012-2015)/Senior Trade Officer (Cincinnati, Ohio Field Office) (2008-2011)/Principal Commercial Officer (U.S. Consulate, Mumbai) (2005-2008)/Principal Commercial Officer (U.S. Consulate, Rio de Janeiro) (2001-2005)/Commercial Officer (U.S. Embassy, Mexico City) (1999-2001), U.S. Foreign Service, 1999 - 2020.

Experience

Extensive background in international business development and dispute resolution, with a strong track record of reaching settlements for U.S. companies operating in diverse cultural and geopolitical environments. Adept navigating and negotiating complex commercial issues involving foreign government and corporate stakeholders. Over 20 years of in-country experience as commercial diplomat for the U.S. Foreign Service in positions including Regional Senior Commercial Officer for the Andean Region and Panama; Regional Senior Commercial Officer for Southeast Europe, Senior Commercial Officer for Hong Kong & Macau, Principal Commercial Officer in Brazil, Principal Commercial Officer in India and Commercial Officer in Mexico. Facilitated the resolution of disputes between U.S. corporations and foreign governments—favoring negotiation and mediation over litigation. Such work involved regular consultations with individual companies and business associations to assess concerns and determine appropriate engagement with host-country authorities. Also worked proactively with foreign government officials to identify and address emerging conflicts with U.S. businesses, organizing and leading negotiations and mediation efforts to achieve constructive outcomes.

Mediator Experience

In Romania, mediated a settlement between a U.S. software giant and the ministry of communications which the U.S. firm accused of violating its license agreement. In Moldova, mediated an expropriation of an American communications firm. In Brazil, successfully brokered investment disputes including the settlement of a $70M dispute between U.S. firm and Brazilian parastatal oil conglomerate.

Representative Issues Handled as a Mediator

Payment/debt, partnership/shareholder, oil and gas, pharmaceuticals, and communications services as well as public sector-private sector disputes.

Mediator Style & Process Preferences

I approach case preparation with meticulous attention to detail and deeply value the earnestness, seriousness, and good faith of parties and their representatives throughout arbitration and mediation. I advocate for a creative and flexible mindset in negotiation and mediation, believing that innovative thinking can lead to practical solutions that may not have been previously considered. Effective dispute resolution requires more than just understanding the facts, positions, and objectives of those involved. With that in mind, I make a concerted effort to uncover nuances and gather information to effect balanced outcomes. While I often adopt an evaluative style in mediation, the interpersonal dynamics and issues central to the dispute in question determine the style of mediation most appropriate for use. For example, a facilitative style might lend itself best to a conflict in which ongoing relationships between the parties to a dispute are important. Regardless of the approach I take in a mediation, I consistently uphold the principle of party autonomy as a central priority.

Technology Proficiency

Zoom, MS Teams, Google Meet, GoToMeeting, and Modria. Willing to conduct sessions using online platforms or using a hybrid (in-person/online) format.

Education

University of Missouri School of Law (LLM - 2021); The George Washington University (MA, Business Administration - 1991); Miami University (BA - 1983).

Compensation

Hourly Rate: $325.00 Daily Rate: Not provided Study Rate: $275.00/hr Cancellation: $500.00/Day Cancellation Period: 10 Days Comment: Travel costs listed exclude direct expenses for transportation and lodging.

Languages

English

Citizenship

United States of America

Locale

Terrace Park, Ohio