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Mediator Resume

James M. Cunningham

James M. Cunningham

Professional Summary

Over 20 years of experience as senior U.S. commercial diplomat working in international markets: commercial dispute resolution, deal origination, FCPA risk mitigation, and management of geographically distributed teams. Expertise in commercial dispute resolution by functioning as a mediator and by persuading foreign countries to address American investors’ complaints objectively. Negotiated with foreign governments with weak rule of law resulting in resolution of disputes through informal negotiations and facilitating arbitration and mediation. Skilled in creating, developing and implementing government relations strategies and market entry strategies for U.S. companies as well as attracting foreign investments into the United States.

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 crafting and executing strategic initiatives for U.S. companies operating in diverse cultural and geopolitical environments. Adept at advising on foreign government relations and navigating complex international landscapes. Over 25 years of overseas experience across South Asia, East Asia, Europe, and South America, including key diplomatic and commercial roles: Commercial Officer in Mexico; Regional Senior Commercial Officer for the Andean Region and Panama; Principal Commercial Officer in Brazil and India; Senior Commercial Officer in Hong Kong; and Regional Senior Commercial Officer for Southeast Europe based in Romania. As a Foreign Service Officer specializing in commercial diplomacy, facilitated the resolution of disputes between U.S. corporations and foreign governments—favoring negotiation and mediation over litigation. This involved regular consultations with individual companies and business associations to assess concerns and determine appropriate engagement with host-country authorities. Also worked closely 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

Public-Private sector, focused on corporate disputes with the governments of foreign countries. Also, rule of law, oil and gas, pharmaceuticals, and communications services.

Mediator Style & Process Preferences

I approach case preparation with meticulous attention to detail and deeply value the commitment shown by parties and their representatives throughout arbitration and mediation. I advocate for a creative and flexible mindset in negotiation and mediation, believing that fresh, 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—it also demands insight into the subtleties that shape a case. With that in mind, I make a concerted effort to uncover nuances and gather information that can facilitate meaningful outcomes. While I occasionally adopt an evaluative style in mediation, its use is guided by the specific dynamics of the case and the attitudes of the parties. No matter the approach I take - evaluative or otherwise - 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