Mediator Resume

T. Pearce ADR - Arbitrator/Mediator

Attorney, Arbitrator, Mediator, Law school Adjunct Professor

Independent Arbitrator/Mediator, T. Pearce ADR, 2026-Present; Counsel, Bradley Arant, 2016-2026; Counsel, Nexsen Pruet 2012-2016; Senior Vice President/General Counsel, Driven Brands Inc. (Meineke Car Care Services, Inc., MAACO Auto Painting Econo Lube N’Tune), 2005-2012; Vice President/General Counsel, Meineke Discount Muffler Shops Inc., 1982-2005; Partner, Rowland and Keim, 1979-1982; Associate, Trueheart Mcmillan Westbrook and Hoffman, 1977-1979.

Prior to becoming a member of the AAA roster of neutrals, has over 45 years representing franchisees and franchisors in litigation and transactional matters. The franchise issues addressed include: 1) antitrust issues relative to the franchise relationship, 2) termination and the enforcement of a franchisee’s post termination obligations, 3) royalty disputes, 4) advertising fund disputes, 3) territorial disputes, 4) intellectual property disputes and trademark infringement, 5) arbitrated disputes involving the enforcement of post termination covenant against competition, 6) drafting and reviewing Franchise Disclosure Documents (“FDD”) for many franchise organizations in the automotive, hotel, restaurant, janitorial, leisure products and services sectors, 6) International franchise transaction involving preparation and enforcement of master franchise relationships, 7) drafting, defending and/or enforcing area development agreements. For 30 years served as General Counsel for the franchisor Meineke Care, and MAACO Auto Painting, under the Driven Brands banner. After leaving Driven Brands spent 13 years in private practice with Nexsen Pruet and Bradley Arant, representing franchisors and franchisees in a wide range of franchise matters. Over the past five years have served as an arbitrator on AAA tribunal panels in cases involving franchises and/or distributors on issues involving franchise terminations, breach of a beverage distribution agreement, and issues affecting the sale of a franchise system.

Served as a mediator in a case involving a franchisee and a franchisor regarding specific aspects of the franchise relationship. Served as a mediator between franchisor and franchisee regarding early termination of franchise agreement for cause and assessment of damages arising from the various claims brought by each party. Successfully mediated dispute between home improvement franchisor and its franchisee regarding the issue of the recission of the franchise agreement. Served as a mediator in a matter involving the termination of international development rights between a franchisor and its Brazilian master franchisee. Served as a mediator in dispute between insurance and home owner regarding insurance coverage relative to exclusions in the particular policy. Successfully mediated a dispute between founder of debate coaching business and purchaser of the business regarding the issue of the conveyance of franchise rights. Successfully mediated dispute between shareholders of a franchise system.

Franchise disputes, insurance disputes, consumer disputes, commercial contract disputes. Has mediated a number of disputes arising from a franchisor/franchisee relationship addressing issues of breach of contract, fraud in the inducement, advertising fund issues, wrongful termination, Franchise Disclosure compliance. Has served as a mediator in consumer disputes addressing credit card compliance; Fair Credit Reporting Act, NC Unfair and Deceptive Trade Practices Act.

Believes that more often than not, a business solution is preferable to a legal solution. Generally, start the mediation process with phone call to parties’ counsel, to get a sense of the issues. Then provide the parties with a mediation retainer agreement. Depending upon the nature of the dispute parties may be asked to provide a statement of their position in the dispute that may or may not be circulated to the other party depending upon their wishes. Usually will start mediation with a joint session where each party can state their position and their demands; then will conduct several conferences separately with each party to gain a more in-depth view of their position within the dispute and then probe for possible business solutions that can resolve the matter. If it is clear that the parties cannot reach a conclusion then an impasse will be declared. Alternatively, if an agreement can be reached then will work with the parties to finalize a settlement agreement.

Versatile with Zoom and Web Ex. Have used zoom for a number of arbitration hearings. It is expected that all document submissions, including discovery documents will be transmitted electronically.

Syracuse University College of Law (JD-1977); University of Virginia (BA, History, with Distinction-1973).

Admitted to the Bar: North Carolina (1987), Wisconsin (1983), Texas (1978); US District Court: Western District of North Carolina, Eastern District of Wisconsin (1983); US Court of Appeals: 4th Circuit (2010).

North Carolina Bar Association; State Bar of Texas; International Franchise Association, Legal Legislative Committee; American Bar Association Forum on Franchising.

Writings: Addressing Issues that Arise in Mature Franchise Systems, Franchise Law Journal (Volume 41 Number 3 (2022), Focused Expertise- Daubert in Franchise Litigation, Ted Pearce, Tami McKnew, and Bruce Shaeffer, Franchise Law Journal (Volume 41 Number, 2021); Selected State Laws, Commentary and Annotations (Nebraska) Franchise Desk Book (Third Edition, ABA Publishing) 2019; Covenants against Competition in Franchise Agreements, North Carolina, Second Edition 2003, American Bar Association Publications; Franchise Law Compliance Manual (Chapter 6 Mergers and Acquisitions of Franchise Systems) 3rd Edition 2019. When is a Waiver of the Right to Arbitrate a Waiver? Texas Bar Journal October 2023 Speaking Engagements: Introduction to Franchise Law, Adjunct Professor Syracuse University College of Law, 2023; Strategies to Achieve the Best Possible Early Settlement ABA Forum on Franchising Annual Meeting, 2019. Adjunct professor Syracuse University of Law, course- Franchise Law

If arbitration or mediation is held in Charlotte, North Carolina, or anywhere within 3 hours driving time the parties will not be asked to reimburse travel costs. Does not charge travel time to and from the arbitration venue.

Hourly Rate: $450.00 Daily Rate: Not provided Study Rate: $450.00/hr Cancellation: $450.00/Day Cancellation Period: 2 Days Comment: Compensation rates, established by the AAA, are set forth in the applicable Consumer Mediation Procedures.

English; French

United States of America

Charlotte, North Carolina