Professional Background
I came to the mediation profession after twenty-nine years of representing parties in many
different litigation forums. I have represented parties in state and federal court as well as in
various arbitration forums. I have been lead counsel in securities litigation and arbitration
matters, insurance and other investment-type litigation, complex commercial litigation
cases, first- and third-party insurance cases and probate and trust litigation disputes. I
have also represented players in MLB salary arbitration and NFL disciplinary arbitrations.
My proudest accomplishment as a litigator came, not in the investment of complex
commercial fields, but in representing a little girl against an institution that negligently
hired and supervised an employee, thereby allowing a sexual assault to occur. I was able to
secure a significant judgment against the institution, bring public awareness to this
dangerous situation and at least some recompense for the little girl.
Path to Mediation
While pursuing my litigation career, I had the opportunity to represent a high, MLB draft pick
in contract negotiation. After doing so, I continued to represent athletes and needed to
pare back my active litigation calendar. Coincidentally, one of the major forums for
securities litigation was actively seeking experienced litigators to assist them in building a
roster of mediators with experience in the field. I took their initial mediation training and
joined their roster of practitioners. My path towards joining the AAA was simple. As a
litigator, I was fully aware of the well-earned stellar reputation of the AAA and its neutrals in
the space of alternative dispute resolution. Because of this well-earned reputation, it was
the perfect fit for me.
Role as a Neutral
Serving as a mediator with the AAA is a tremendous responsibility, in that the parties using
the forum trust the vetting process of the AAA in selecting qualified neutrals for its roster.
My experience in the investments/financial services/complex insurance plan space, as well
as in other complex matters, allows me to better evaluate each party’s position, thereby
allowing me to communicate the strengths and weaknesses of a position in a clear and
direct fashion. The mediator must be prepared to bring a broad and deep range of
experience to the table for the parties. This can allow for creative solutions ot unique
issues. The mediator for a AAA case must go into each case fully prepared and ready for full
engagement.
Legal/Professional Experience in Mediation
The legal/professional experience I bring to the table is that of a litigator who has
represented Plaintiffs/Claimants and Defendants/Respondents in all sorts of forums, but
primarily in the financial services arena. Remembering that it is the arbitrator’s perspective
that counts most when mediating an arbitration matter, my experience as an arbitrator in
hundreds of matters comes to bear. I give the parties the benefit of my broad and deep
background as an arbitrator in order to assist them in making a settlement decision.
Mediation Philosophy
Of the thousands of cases I have mediated, every one has its own “thumbprint.” Therefore,
my approach is customized for each case. That said, my initial goal is to do what I can to
get the parties engaged in the process. Once engaged, I evaluate with each side the
strengths and weaknesses of their case. Ultimately, I provide the parties and their counsel
the information they need to make an informed decision regarding settlement. I draw on
my experience as a litigator and as an arbitrator to help in this process.
Memorable Mediation Experiences
Assisting parties in getting to resolution in complex matters with multiple lawyers and
various forums can certainly be rewarding. I’ve successfully mediated a two-day, two-city
settlement, involving seven parties, nine lawyers at five different firms, with claims, crossclaims and third-party claims pending in various forums, including two federal district
courts and two arbitration forums. That was most difficult matter I have ever been involved
in and I am very proud of the work I did to help the parties reach a global settlement.
Advice to Advocates & Parties
Prior to a mediation, advocates need to communicate with their adversary regarding
liability theories and damages theories. The advocates will not agree, but setting the table
in terms of applicable liability theories and the math behind the damages calculations can
help. The parties need to come to the mediation with a blank slate, in terms liability and a
“final number.” We are all human and will likely have pre-conceived notions as to
outcomes, but the parties should come to the mediation curious about their adversary’s
positions and evidence. Be prepared to work hard.
Evolving ADR Landscape
Recent years have seen party representatives more trusting of the mediation process.
Opening statements by the advocates have mostly been disposed of because the
advocates understand that their perspective will be adequately relayed by the mediator.
Advocates in the arbitration forum, because of its limited discovery scope, will sometimes
use mediation as an additional discovery tool in order to help their client better understand
the case and its inherent risks.
Beyond Mediation
Outside of mediation, I spend a great deal of time with family. With ten children and a
growing bevy of grandchildren, my wife and I find our availability outside of work filled with
all sorts of family activities, including family camping trips, attending youth athletic
competitions, dance recitals, etc. I also remain active at Tampa Jesuit High School, where I
serve on its Board of Trustees.