Mediator Profile Example
Richard J. DeWitt
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Telephone: (+1) 305-421-6400 |
Current Position & Background*
Richard DeWitt serves as a Mediator in domestic and international matters including commercial, civil and employment disputes. He is a member of the American Arbitration Association's National Roster of Neutrals serving on its panel of Mediators and as an Arbitrator on its large, complex case panel, and its commercial, employment and technology panels. He is a Member, FINRA Dispute Resolution Board of Arbitrators and serves on the National Arbitration Forum's Panel of Neutrals. Mr. DeWitt is a Florida Supreme Court Certified Circuit Civil Court Mediator and Florida Supreme Court Certificated Arbitrator.
Over 25 years experience in law and dispute resolution, including experience as a business and technology attorney and business executive.
BUSINESS: Experience in corporate, commercial, and real estate matters; complex transactions including, mergers and acquisitions, contracts, commercial leases, retail and wholesale distribution; supply and product development and marketing agreements; securities and investment advisor issues; workouts, liquidations and divestitures; shareholder agreements and disputes, joint ventures, strategic relationships and receiverships including banks and other financial institutions.
TECHNOLOGY: CEO of high-growth Technology Company and national leader in the telecommunications industry. Experience in technology and software development and licensing agreements; carrier, long distance (including VoIP) and billing/collection arrangements; network services, gateway agreements; operator and customer services and equipment purchases; web site development agreements and Internet law. Experience also includes wireless services, SMS messaging, prepaid phone cards, prepaid services and public and prison payphone systems. Represented both competitive and regulated carriers, LEC’s and BOC’s.
EMPLOYMENT: Experienced in representing employers and employees regarding employment, employment contracts, executive compensation arrangements, stock option plans, non-competition, non-diversion and confidentiality agreements and termination arrangements.
INTERNATIONAL: Experience in both international business and technology matters including transborder agreements and disputes. Representation of European and Latin American companies doing business in the US and internationally. Business experience managing multinational operations. Serve as international arbitrator and mediator in large, complex cases.
Full biography at: www.aaamediation.com
Personal*
United States Citizen. Mother tongue – English; Location – Miami (Coral Gables), FL USA
Main Mediation Practice Areas*
Areas of particular experience as a mediator include:
- Business
- Commercial
- Contract
- Technology and Telecommunications
- Mergers and acquisitions
- Executive compensation, stock option plans, non-competition
- Web site development and internet law
Mediation Experience*
Mr. DeWitt has served as a mediator in over 200 commercial, business, real estate, technology, and employment related disputes, including large complex cases involving national and international parties and complicated multi-party disputes. Cases he has mediated also include complex multi-million dollar international disputes regarding contract, construction, Trade-mark and warranty claims and civil disputes including personal injury and insurance claims. He has unique experience in resolving disputes involving business acquisitions, technology and telecommunications issues and emerging technologies.
Representative mediations include:
- Multi-million dollar international multi party dispute involving major multi-national chemical company over supply disruption to manufacturing customers,
- International distribution and trade-mark dispute and shareholders dispute with multiple parties involving high profile European auto products manufacturer,
- Shareholders dispute involving the buy out of a large medical services provider,
- Multi million dollar dispute regarding “click through” internet advertising,
- International dispute regarding ownership of large telecommunications products distribution company,
- Dispute over large Real Estate development project between developer and land owner,
- Dispute between doctors over the break up of a large medical group with allegation of millions of dollars in misappropriated funds.
Mediation Style*
Though many mediators have adopted one of the various styles (facilitative, transformative, and evaluative) in mediating cases, I believe these are all tools that the mediator should use where appropriate. I use a quantitative decision-making and/or an evaluative reality-testing approach where I believe it is useful.
Code of Conduct*
IMI Code of Professional Conduct
Complaints process*
IMI Professional Conduct Assessment ProcessProfessional Affiliations
International Academy of Mediators (Fellow / Director); College of Commercial Arbitrators (Fellow); American Bar Association (Dispute Resolution Section (Arbitration Committee); (International Section); Florida Bar (International Section, Litigation and Arbitration Committee); Dade County Bar Association; Coral Gables Bar Association; Association for Conflict Resolution (Commercial Section, past-Chairman); Florida Academy of Professional Mediators; Advanced Commercial Mediation Institute (Founder); Mediators Without Borders (Founding Board Member).
Fee Rate
$350 Per Hour. Hourly rate includes study time (document review and preparation).
No cancellation fee. No charge for travel time.
Feedback Digest*
Feedback Digest prepared in accordance with IMI guidelines by The Lorem Ipsum Centre, The Hague Lorem@Ipsum.org www.LoremIpsum.org. Based on feedback from 18 parties in 12 mediation since January 2004. Last update – August 15, 2008
Overall, parties rated Richard’s work highly in terms of organization and preparation as well as managing the resolution process and facilitating resolution. He was recognized for compassionate listening skills, ability to inspire trust and forthright discussion, and his way of extracting information without, as one party expressed it, avoiding interrogation.
Parties and their advisers regularly commented that Richard’s ability to deal with the inevitable surprises of the mediation process with calmness, authority and optimism made a difference to the rate of progress. He is noted for prioritizing business aspects, maintaining momentum, challenging assumptions, humour, courtesy and flexibility.
Several parties remarked on his creativity. In an unusual case, where all relevant facts had been expressed in court filings, Richard proposed that each party present the other’s case in the first person, an idea that was initially met with hesitation but which the parties concluded afterwards was the key process factor that led to a settlement.
A number of themes emerged clearly from the feedback reviewed. Richard is seen as comfortable with both highly experienced and less experienced parties, and is particularly adept at handling tension and emotion. In a case that did not reach a resolution, party feedback noted that Richard enabled them to get several new options on the table and to crystallize the field of disagreement (the case later settled through direct negotiation).
Richard is widely applauded for his preparation and command of the detail of the parties’ issues. A high proportion of feedbacks commented on his patience, persistence, objectivity, personable nature and ease in operating cross-culturally.
On process management Richard was recognized for his ability to control the mediation process effectively, and also his realism – in one instance, when he understood the case would not settle, he called an end to it under his own initiative. Several parties also noted that from a process standpoint he tried to keep them together for as long as possible, without breaking for private sessions, one of the perceived benefits of which was more direct negotiation, a greater sense of control by the parties and a faster resolution.
Richard is willing, when asked, to express his views on the merits. He has been called upon to do so in almost half of his cases, many of them intellectual property cases.
The Feedback reviewed was unanimous on one point – all parties would recommend Richard as a mediator (including those parties in mediations which did not reach an outcome). And a particularly frequent comment was a recognition that the case would most likely not have been settled had it not been for mediation and the mediator.
References*
The following have experienced Richard DeWitt as a mediator and are willing to be contacted for a reference:
Frank Sexton, fsexton@cfclaw.com, (305) 444-6669
Mel Rubin, mrubin@melrubin.com (305) 446-4630
Mike Silver, mikesilver@sympatico.ca (416) 656-3841
Bob Creo, robertcreo@cs.com, (412) 519-3466
Mediation Education & Training
AAA Advanced Mediator Workshop for Court Based Settlement Programs, 2002; Florida International University/Mediation Services, Inc.; Circuit Civil Mediation Training, 2001; Advanced Commercial Mediation Institute – Philadelphia – 10/06; International Academy of Mediators – Summer Conference “Dialogue at Harvard, 4/06 International Academy of Mediators – Fall Conference “ Perspectives at Dana Point; 11/05 Association for Conflict Resolution – Annual Conference – Minneapolis – 10/05 International Academy of Mediators – Summer Conference, Montréal Montage 5/05 AAA Neutrals Conference, Atlanta, 10/04; AAA Neutrals Conference, San Antonio, 3/04.
Professional Indemnity Insurance*
ACR Professional Liability Insurance Program (Pinkham Agency Inc) (http://www.acrnet.org/membership/insurance.htm)
Coverage: $1,000,000
Teaching
Mr. DeWitt is the co-founder in collaboration with the American Arbitration Association of the "Advanced Commercial Mediation Institute" (ACMI) which provides advanced programs for commercial mediators. He is a frequent speaker on mediation and other dispute resolution issues.
Publications
Co-author, "No Pay No Play: How to Solve the Non-Paying Party Problem in Arbitration," DISPUTE RESOLUTION JOURNAL, February - April 2005; annual contributor, "Industry Trends," INTELECARD NEWS, December 1995-97; "Industry Developments in Public Communications," PROSPECTIVES ON PUBLIC COMMUNICATIONS, monthly article, 1992-93; "Partnerships of Professional Corporations," PROFESSIONAL CORPORATIONS AND NOT-FOR-PROFIT CORPORATIONS, Florida Bar Continuing Legal Education, 1983; CORPORATE LAW, Florida Bar Continuing Legal Education, 1981; co-author, "Florida and Federal Disclosure Requirements," SECURITIES LAW, Florida Bar Continuing Legal Education, 1979.
Note: This Mediator Profile is intended to offer guidance to users of mediation services about the competency, skills, styles and potential suitability of the IMI Certified Mediator featured above. The Reviewer, the Mediator and IMI are attempting to present fair, balanced and objective information but none are to be held responsible for reliance on the information given. Users of mediation services are encouraged to pursue further research before selecting the IMI Certified Mediator, including contacting references and conducting an interview with the Mediator before making a selection.
