Mediator Resume

International dispute resolution practitioner with 30 years of legal and ADR practice in the U.S., Australia, France and Singapore. Extensive experience in international commercial law, contract negotiations, dispute resolution clauses and mechanisms under various legal systems, risk mitigation and pre-litigation strategy. Specialized in domestic and cross-border deals and disputes in technology, licensing import/export, franchising, property joint ventures, healthcare, commercial leasing and the wine industry. Recognized for strategic insight and ability to manage complex multi-party proceedings in-person and online. Can conduct mediations and hearings in English, French and Spanish and use Italian.

Mediator, Arbitrator; Attorney, Solicitor; Adjunct Professor

Principal, Donna Ross Dispute Resolution, 2015 - Present; Adjunct Professor, National University of Singapore, Faculty of Law, 2024 - Present; Principal, The Ross Law Firm, 2003 - 2015; Consultant, B-Legal (formerly Bastian Manciet & Associés), 2001 - Present. Faculty of International Arbitration and Mediation, Chartered Institute of Arbitrators, 2016 - Present; Lecturer, La Trobe Law School for Dispute Resolution and Negotiation, 2016 - Present; Mediation Accreditation Trainer, Australian Disputes Centre, 2016 - Present, 2018 - Present; Lecturer and CPD (CLE) Provider, Leo Cussen Centre for Law for ADR, 2020 - Present; Lecturer and CPD (CLE) Provider, Legalwise for Mediation, 2018 - Present.

Over 20 years of practice as a commercial litigator and transactional lawyer, then focusing primarily on transactional/advisory work, teaching and ADR for the past 10 years. Specialized in resolving disputes pre-litigation. TECHNOLOGY Software companies, app developers, hardware, database services, SaaS platforms, digital media, remote and on-site support, telecommunications, wireless network providers, IT consultants, IP rights, licensing agreements. CORPORATE AND PRIVATE INVESTMENT Joint ventures, M&A, partnerships, private equity, securities, investment banking, (M&A), corporate, shareholder, partnerships, LLCs, D&O fiduciary duties, director duties under Title IV, inter-partner claims, trade secrets, SPAs, warrants, option, investor rights, performance award, lock-up agreements, compliance with SEC regulations. WINE AND ALCOHOL INDUSTRY International and domestic litigation and contract drafting and advice. Breach of contract, wrongful termination, duty of good faith, tortious interference, promissory estoppel, violations of the New Jersey Franchise Practices Act, export credits, franchise, INCOTERMS, regulatory matters including the U.S. three-tier distribution system, Alcohol and Tobacco Tax and Trade Bureau (TTB) requirements including label approvals (COLA), EU agency law, shipping, insurance, IP, wine import and distribution agreements. EMPLOYMENT Employment contracts, restrictive covenants, employee classification (IRS 20-Factor Test), wrongful termination, NDAs, confidentiality agreements, non-competes and non-solicitation, unpaid e compensation and termination entitlements, stock options, visa and immigration matters, taxation, defamation, fraud, successor liability -PCV and employment agreements governed by U.S. and French law, MANUFACTURING Exclusive marketing and sales agreements for plastic products between companies in 5 countries in both English and French with identical multi-tiered DR clauses. Sales and service contract for industrial scale bottling machinery involving 3 countries with arbitration clauses and application of the CISG. HEALTHCARE Corporate practice of medicine, professional licensing, Anti-Kickback Statute, Stark Law, and state restrictions on profit-sharing, misuse of privileged communications, IP, licensing agreements, leases. ARBITRATION Advisor and drafter of arbitration and multi-tiered clauses, seat, rules, governing law, enforcement and New York law in foreign-seated arbitrations Arbitrator or counsel in domestic and international arbitrations under institutional and ad hoc rules in areas such as maritime – demurrage and laytime, parallel foreign litigation, construction - structural defects, third party non-signatory, joinder, jurisdiction, variation pricing, breach of contract, personal injury, oil supply contracts contract termination and interpretation under both French and U.S. law and fee disputes under New York’s County Part 137 Fee Dispute Resolution Program. GENERAL Domestic and international litigation in state and federal courts and administrative tribunals (tax and employment) in New York and New Jersey and French lower courts, the Cour de Cassation and the European Court of Human Rights. Retail and commercial leases, professional license agreements in multiple jurisdictions. Opinions on U.S. and Australian law Outside general counsel to SMEs. Enforcement of money judgments in the U.S. and Australia. Unlawful practice of law in New York, medical malpractice.

Conducted over 1,000 mediations in-person, online and in hybrid format across multiple jurisdictions and legal systems, including cross-border and interpreter-assisted cases with parties from diverse legal, linguistic and cultural backgrounds. Represented parties as counsel in mediation, providing strategic insight into the mediation process, expectations and best ways to achieve a successful outcome. Adjunct professor of international mediation in Singapore, lecturer for dispute resolution and negotiation in Australia and provider of CPD (CLE) on mediation. Regularly appointed by courts, institutions and private parties for over 15 years. Served as a neutral the New York County Supreme Court’s Commercial Division ADR Panel and the Part 137 Attorney-Client Fee Dispute panel administered by NYCLA. Mediator with the Victorian Civil and Administrative Tribunal, Magistrate’s Court and the County Court. Empaneled as a mediator with domestic and international institutions. Experience with mediation and settlement in disputes in a wide array of commercial sectors such as: IT - Software, content licensing, functionality, SEO, SAAS, databases, web development on Joomla, DotNetNuke, Drupal and WordPress platforms. Law firms - Dissolution, division of fees and clients, non-competes, financial entitlements and equity valuations, breach of fiduciary duty, bullying, breach of firm policies, confidentiality and professional responsibility issues. Construction - Roofing, sewerage, water ingress, guttering, membrane replacement, asbestos contamination, landfill sites, steel supply variations, insurance. International and domestic franchises - Tax and accounting, financial services, property investment, dog grooming, restaurant chains, hospitality, hotel, optical/paramedical chains, poultry production. Property and family - Sale of farms, quarries, residential developments, commercial and residential property, pedigree and show dog breeders. Partnership - Pharmacy chains, medical practices, travel agencies. Commercial leasing – Owners’ corporations, shopping centers, retail, office building, hotel/residences.

Cross-border partnership dispute between media companies in the U.S., Australia and New Zealand concerning profit sharing, stock purchase agreements, business contributions and intellectual property rights. Tripartite dispute between a manufacturer, global testing company and a large retail chain on alleged non-compliance with standards of swimming pool safety fencing. Licensing agreement dispute between a luxury travel brand and its licensee regarding trademark use, brand leverage, social media, royalties and termination. Termination of a contract for delivery of a specialised IT solution automating insurance quote generation from web portals. Family property dispute over multiple residential and commercial buildings owned by LLCs in a cascading structure with LLCs owned by a holding LLC and individual family members. Fulfilment and reseller agreements for hardware supply and support to a major telecommunications operator. Alleged breach of a non-profit association’s statement of member conduct by a former director, including claims of defamation and disclosure of confidential information. Termination of a financial planning services agreement between a retirement fund and its service provider. Multiparty construction dispute involving the building owner, architect contractors and municipal representatives concerning structural damage. Construction dispute between multiple parties, including the owner, engineers, architect, builder, insurers and surety. Dispute between a contractor and subcontractor concerning demolition work at various indoor and outdoor areas of a large secondary school. Dispute over scaffold and rig hire for power station demolition works, including issues of quality, variations, pricing and credit notes. Tripartite building dispute between a property owner, plumbing contractor and insurer regarding damage and liability. Flooding and structural damage at a retail service station, including demolition, removal and replacement of concrete, electrical works and petroleum equipment. Family business dispute over the management and potential sale of a prominent vineyard. Repudiation of an international contract of sale for large volumes of medical masks imported during the Covid-19 pandemic. Termination of a renowned surgeon by a hospital involving damages and defamation.

My experience as a lawyer and mediator in both common and civil law systems enables me to understand different legal perspectives and business practices and help with deal-making. Additionally, having lived and worked in several countries and with parties of different backgrounds, I bring cultural sensitivity and understanding to the table, noting that culture manifests in many forms, such as hierarchy, age, education and not just nationality or religion. As a mediator I adapt my style to the dispute and importantly the parties - whether they are large corporations, SMEs, have attorneys or are self-represented. Preparation is vital to the process. I generally schedule pre-mediation calls or meetings to better understand not only the legal positions but the parties’ underlying needs and interest and to build rapport. I always ask for a mediation statement and documents relating to the history and facts of the matter. I encourage parties to share as much information as possible with me and each other. In this way I am better equipped to help, and the parties are better prepared for the mediation. This includes sending documents later or even during the mediation if necessary. I often screenshare when documents are being discussed (online and in-person) to make sure everyone is on the same page. It is important to set the ground rules from the outset, especially with ODR. I manage the parties and their legal representatives in a firm manner while remaining flexible. This gives parties confidence in the mediation and the mediator. I am facilitative and encourage parties to express their views and emotions. Communication is key as most disputes arise from a breakdown in communication and trust. Disputes are stressful and I find that using humor or levity at the right moment can help to defuse tension and lighten the atmosphere. I also encourage the parties to speak as mediation is often a catharsis, and they need to be heard and understood before they can focus on settlement. A mediator should also assist in evaluating the strengths and weaknesses of the case or options for settlement. I use strong reality testing based on BATNAs, SWOT analyses and other tools, especially when matters are already in litigation. I am pragmatic and realistic, particularly with respect to the risks of litigation, and can help to propose solutions if asked. Persistence and patience are crucial. It may take parties time to move from their positions. I will continue for as long as it takes to keep the momentum if I see an agreement is imminent. When we need to break due to fatigue or the need for additional information, I either schedule a second session or continue to follow up. While mediators can help parties repair or even enhance long-term relationships and craft creative solutions that cannot be achieved through litigation, that is not always possible in cases where the relationship has ended. In that case I assist parties in reaching a commercial outcome – often a compromise – but one that permits them to move on and focus on their business and other interests. I regularly conduct mediations and hearings online and manage documents, witnesses, break-out rooms and even interpreters, when required.

Highly proficient in online dispute resolution (ODR), having conducted hundreds of mediations and arbitrations online, primarily via Zoom. Skilled with case management systems, digital exhibit handling and hybrid hearings, screen and document sharing, breakout rooms, online live note (arbitration), chat functions, document management and virtual hearing etiquette. Drafted and shared virtual protocols for ODR. Regularly manages multi-party, multi-jurisdictional ODR processes. Extensive IT experience, Word, Excel, Powerpoint, e-Discovery.

Benjamin N. Cardozo School of Law (LL.M., Corporate Law and Dispute Resolution); Paris I Panthéon-Sorbonne (Maîtrise (LL.M.), Business Law); Paris III Sorbonne Nouvelle (Licence, Applied Foreign Languages); Stony Brook University (B.A., French and Political Science). Diploma in International Arbitration, Chartered Institute of Arbitrators Commercial Mediation and Advanced Commercial Mediation Training New York State Bar Association/ New York County Commercial Division Tribunal Secretaries’ Course, Australian Centre for International Commercial Arbitration and Chartered Institute of Arbitrators Part 137 Fee Dispute Program Training in Arbitration and Mediation New York County Lawyers Association

Admitted to the Bar: New York; Solicitor and Barrister: Australia; Juriste: France. Law Institute of Victoria, Accredited Specialist in Mediation Law NMAS (Australia), Accredited Mediator; International Mediation Institute Certified Mediator; Singapore International Mediation Institute, Certified Mediator.

Chartered Institute of Arbitrators, Fellow; Chartered Institute of Arbitrators, Singapore Branch Board and Mediation Committee Member; Resolution Institute, Fellow; Australian Centre for International Commercial Arbitration, Fellow; International Mediation Institute, Certified Mediator; Singapore International Mediation Institute, Certified Mediator; ArbitralWomen, Member, Advisory Council Member; Inter-Pacific Bar Association; Singapore Institute of Arbitrators; Society of Mediation Professionals (Singapore); Asian Institute of Alternative Dispute Resolution, Professional Development & Education Committee; ArbitrationVictoria, Founding Member; French Australian Lawyers Society, Board Member; Singapore Chamber of Maritime Arbitration; International Mediation Institute Appraisal Committee for Qualifying Assessment Australasian Dispute Resolution Journal, Editorial Consultant for ADR.

PUBLICATIONS Arbitrator Disclosure: When in doubt do not leave it out! Aiteo Eastern E & P Company Limited v Shell Western Supply and Trading Limited and others [2024] EWHC 1993, ACICA Review. Up In Smoke: Will Clive Palmer’s Singapore Company Be Denied Standing In Its ISDS Arbitration Against Australia, Australian Alternative Dispute Resolution Bulletin, Lexis Nexis (Adrb). Strike While the Iron is Hot or Strike Out: Would Palmer’s Singapore Entity Succeed Against Australia, (ICAR). The Singapore Convention: From A Blizzard, A Convention Blooms, Resolution Institute Journal, the arbitrator & mediator (RI Journal). “NEGOTIATION Things Corporate Counsel Need to Know but Were Not Taught”, Michael Leathes, Book review, RI Journal. Functus officio: A matter of law not consent, State of Western Australia v Mineralogy Pty Ltd [2020] WASC 58, Case note, RI Journal. Unilateral Arbitration Clauses: When a One-sided Consensus is Actually a Consensus, Wilson Taylor Asia Pacific Pte Ltd v Dyna-Jet Pte Ltd [2017] 2 SLR 362, RI Journal. Beware the Champagne Clause: When the Effervescence Fades, It May Just Be Pathological, ADC Bulletin. Med-Arb/Arb-Med: A More Efficient ADR Process or an Invitation to a Potential Ethical Disaster, Contemporary Issues in International Arbitration and Mediation, The Fordham Papers 2012. SPEAKING ENGAGEMENTS Mediation Chambers and Resolve Academy - Best Practices in Commercial Mediation”, Webinar. WONE – UNBOUNDED 2025, Arbitration vs. Litigation: Pros and Cons in International Disputes; Global Mediation in Business, Trade & Investment Disputes, Singapore. AIAC x Ciarb Malaysia ASEAN Conference – Advancing Women in ASEAN Arbitration –Influence, Leadership and Change, Kuala Lumpur. Legal Plus: 6th International Arbitration Summit, Med v Arb v Negotiation - The Arbitrators/ Mediators Toolbox: Different Regions & Industries, Different Best Outcomes, Bangkok. AAA-ICDR ASIA: Resolving Mega Disputes Through Mediation – A Deep Dive into Construction Conflicts, Singapore. Resolution Institute (RI): Mediation in International Arbitration, Webinar. ICC Pinsent Masons joint event: No Panel of Arbitrators: Selection of Arbitrator with a Human Factor, Hong Kong. Regional Arbitral Institutes Forum (RAIF): The Great Debate: Med-Arb Yay or Nay, Sydney. National Economic University: International Commercial ADR in Australia, Hanoi. 18th MAA Annual GIA Conference: Oxford Style Debate “Motion - This House Believes that Arbitration is Woefully Inadequate to Cater to Disputes of the Future.", Hong Kong. NUS - CIL International Dispute Resolution Programme: Investor-State Mediation: Changing the mindset – In conversation with the practitioners, Singapore. Law Society of Singapore: Navigating the Future of Mediation: Promises and Challenges of an International Standard of Mediation Competency, Singapore. TechLawFest 2024: "Innovate and Influence: Women in LegalxTech Networking Lunch", Singapore. AIADR Asia ADR SUMMIT Beyond Boundaries: The Rise of Asia in Global Dispute Resolution, Kuala Lumpur. Mute Off: Mediation in International Arbitration: Can the Singapore Convention change the game?, Webinar. NYSBA International Section Global Conference: The Transformation of Dispute Resolution in the Asia-Pacific Region: Changes & Challenges, Seoul. RAIF: Representative Australia; The World after Covid-19: Changing Disputes and Novel Issues, Singapore. Presentation to Victorian Civil and Administrative Tribunal Members: The Mediation Mantra: Prepare, Prepare, Prepare!, Melbourne

Hourly Rate: $500.00 Daily Rate: Not provided Study Rate: $500.00/hr Cancellation: Not provided Cancellation Period: 3 Days Comment: Can also provide full-day day rates of $5,000 or half day of $3,000, which include 2-3 hours of prepapration time.

English; French; Italian; Spanish

Australia; United States of America

Singapore