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Mediator Resume
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
