Experience Qualification Path
Category 2: American Arbitration Association
Mediation Locations
United States - CA
Mediation languages
English
German
Current position and background
With many years of experience as law firm partner concentrating on commercial and corporate law, Mr Lutringer presently concentrates on the mediation of disputes arising in international and domestic commercial transactions, joint ventures, partnerships, limited liability companies and corporations.

He is certified as a commercial mediator by the Centre for Effective Dispute Resolution (CEDR), the American Arbitration Asssociation (AAA), and the International Mediation Institute (IMI) as well as being qualified on the court mediation panels of New York, New Jersey and federal district courts.

Mr.Lutringer is the author of recent legal articles dealing with the mediation of business split-ups (referred to as "business divorce"), shareholder agreements and the US commercial mediation process for European business managers.

As a corporate lawyer, Mr. Lutringer frequently advised clients on both the formation and wind-down of international joint ventures and corporate entities in the pharmaceutical, machine tool, real estate, high tech and other industries.

After US legal studies at Cornell and the University of Chicago, Mr. Lutringer studied law in Germany and thereafter worked in law offices in Munich and London before returning to practice in New York, eventually becoming an equity partner in Whitman & Ransom (1980-2004), Morgan Lewis LLP (1994-2004) and thereafter, Schiff Hardin LLP (2004-2008), in the New York offices of which he currently maintains an independent mediation practice.

Mr. Lutringer is a member of the Board of Directors of the ACRGNY and the New York State Dispute Resolution Association.

Additional information available at http://www.nadn.org/richard-lutringer
Main mediation practice areas
Commercial contracts, corporate and financial transactions, split-up of closely-held and family-controlled enterprises, joint ventures and partnerships, distributorships, franchises and probate disputes.
Mediation experience
In 6 years of experience as a mediator, I have mediated over 100 disputes, including the following matters :

Dispute involving medical doctor resigning from professional partnership; termination of business relationship between Italian manufacturer and US distributor with pending litigation in Italy and the US; claim for $500,000 commission by commercial mortgage broker (issues of licensing, scope, contractual exclusivity); $25 million claim for fraudulent concealment of material fact in connection with buy-out of minority shareholder; claim for reimbursement by all-risk carrier from freight carrier for damage occurring while goods in transit (issues of notice, coverage, potential claims against third parties); $1 million claim for damages due to firing of alleged whistleblower employee by company providing services under federal contract; claim by several shareholder factions that board of directors of closely-held corporation improperly elected and majority shareholders engaged in oppression of minority shareholders; $10 million claim against bank for damages suffered by manufacturer due to unauthorized release of shipping documents, $4.5 million claim by preferred shareholder that publicly held corporation failed to properly redeem shares; dispute between European manufacturer and wholesaler regarding trademark infringement/counterfeit goods; dispute among LLC members of interrelated closely-held companies in advertising business as to capital contributions, unpaid distributions, management rights; $500,000 dispute between business manager and creative designer of high fashion clothing business; split-up of two-shareholders in profitable real estate service business; fee dispute between law firm and US investment bank; claim against German household goods manufacturer by North and South American exclusive agent ; dispute between wholesale jewelry dealers/manufacturers as to ownership/payment; reimbursement claim for construction contractor, claim of employee embezzlement, improper employment termination, dischargability claims in Bankruptcy proceedings, claims between family members/co-owners of family business, breach of contract claim by financial printing company against equipment manufacturer, numerous employee/employer disputes,
Description of mediation style
Broad facilitative with evaluation when appropriate and specifically requested by the parties. In most mediations I reality test each party's positions in caucus with that party, including discussing the "unknowns" at that point in the dispute and the risks of litigation. I also attempt to discover any underlying economic and business interests that may lead to a result that would not be available by court proceedings or arbitration. I have occasionally used a "mediator's proposal" on a critical issue to break an impasse, where all parties consent.
Code of professional conduct
IMI Code of Professional Conduct
Complaint process
IMI Professional Conduct Assessment Process
Professional indemnity insurance
CNA $1,000,000/$2,000,000
Feedback Digest
Reviewer: Yaroslavsky Alexander ( ay19@cornell.edu )
Latest Update: 2017-05-31 21:37:52

This Feedback Digest is based on six feedbacks in six mediations, initially submitted on Wednesday 18th August 2010.

Mr. Lutringer has received consistently high ratings for his ability to act as a calming "voice of reason" in otherwise contentious mediations. Some of the qualities which have been singled out are"perseverance" as well as "calm" and persuasive - able to bring the parties back to the table.

Most respondents also stated that they were satisfied with the mediation process and the resolution or progress that Mr Lutringer was able to help parties achieve. In cases where resolution was the outcome, he was praised for helping parties to think creatively and come up with "non-judicial" solutions.

All of Mr. Lutringer's respondents said that they would recommend him to others. In one case, Mr. Lutringer became the mediator after one of the parties recommended him to the attorney representing the other party.

Mr. Lutringer's fees were reported to be "quite reasonable as compared to his peers" by one respondent; others indicated that they, too, were happy with his fees.

Professional affiliations
ABA Dispute Resolution Section,
Association for Conflict Resolution,
New York State Dispute Resolution Association (member of Board of Directors),
New York State Bar Association, Dispute Resolution Section (Mediation Committee),
New York City Bar Association, ADR Committee (Chair, Sub-Committee on Mediation in NY County Surrogate's (Probate) Court,
ICC, member, (Mediator/Judge 2009-2013 Mediation Competition (Paris),
CPR (International Institute for Conflict Prevention and Resolution), (Mediation Committee)
Family Firm Institute
Fee rate
$450/hour plus travel expenses. No cancellation Fee.
Contact details for references/recommendations
Upon request.
Mediation education and training
Basic mediation training and advanced mediation workshops and trainings, including :

Quinnipiac University Law School/University of Connecticut, Mediation Skills Training Certificate (40 hour basic mediation course (2006))
New York State Supreme Court, commercial mediation training (2008)
ACR/AAA, Advanced Commercial Mediation Institute (2006, 2007,2008)
Harvard Law School Program on Negotiation (2007, 2008)
New York City Bar Association,various trainings (2006,2007,2008))
N.Y.S. Unified Court System, CDRCP Advanced Mediation Training ( 2007,2008,2009,2010)
CPR Advanced Mediation Skills Training (2007)
Safe Horizons Mediation Program, Apprenticeship Program (2007)
Mediation Skills Training Institute – Lombard Mennonite Peace Center (2007)
Unity Peaceworker Consultancy Training, Lee’s Summit, MO (2007)
ICC Amicable Dispute Resolution Training, New York (2008)
Community Mediation Services, CDRC Mentorship Program and Certification, Jamaica, NY (2008)
Arbitrator / Mediator NYCBA / NYCLA Attorney-Client Fee Dispute Program Training (2008)
Advanced Training in Transformative Mediation, Hofstra University Law School (2009)
ABA Advanced Mediation and Advocacy Skills Institute. Philadelphia (2009)
Center for Mediation and Law, Mediation Intensive Training (December, 2009)
Mediation teaching and mentoring
Professional seminars include :

“A Mediation Career : Getting Started” Moderator and Speaker, NYCBA (New York, December, 2012)

Group Discussion Leader :“Impasse Breaking” and “Preparing for Mediation”,ABA 10th Annual Advanced Mediation and Advocacy Skills Institute (Boston,November, 2012)

“Working with Multiple Parties and Issues in Family Business Mediation”, Association for Conflict Resolution, 2012 Annual Conference (New Orleans, September, 2012)

“Mediating in New York County Surrogate’s Court" Co-presentation with Hon. Kristin Booth Glen , NYSBA (New York City, May 2012)

“Resolving Disputes Among Owners of Closely Held and Family Businesses" St. John's University School of Law, Manhattan Campus, (New York, April 17, 2012)

"Bench and Bar Resistance to Mediation" ACRGNY Annual Conference (New York, 2011)

“Mediating Family Business Disputes”, NYC Family Firm Institute Study Group, (NYC, 2011), and Columbia University Family Business Club ( NYC, 2012)

“Let’s Get Real: Workable Ethical Standards for Mediators”, Annual Conference, New York State Dispute Resolution Association, (Albany, NY (October 2009))

“Limitation of Litigation and other Legal Risks in Doing Business in the U.S.” January 2006 in Munich, Germany; September 2005 in Neu-Ulm, Germany; and November 6, 2004 in Frankfurt, Germany

“The Expanding Role of the Independent Director Under U.S. Corporation Law Today,” Institute of Law and Finance, Frankfurt, Germany (November 15, 2005)

“Limitation of Manufacturer’s Liability in Sales and Other Agreements,” Columbia University School of Business, New York (June 2006, June 2008)

“Succession Planning for the Family Business,” German American Chamber of Commerce, New York (April 5, 2005)

“The Effect of Sarbanes-Oxley on the Board of Directors of Public and Private Companies,” German-American RoundTable, New York (May 2004)

“Restrictions on Foreign Investment,” Representing the Foreign Investor in the United States, American Conference Institute, New York (January 1994)

“ADR: The Revolution in U.S. Litigation,” DAJV, Cologne, Germany (November 1993)
Mediation publications
“Mediating 'Business Divorce' Disputes”, New York Dispute Resolution Lawyer, New York State Bar Association (Fall, 2009)
“Buy-Sell Agreements are Just Smart Business” New York Enterprise Report (December 2007)
“Beyond Battleaxes and Crossbows – Minimizing Litigation Trauma in the U.S. Through Mediation,” German American Trade (May 2007)
“International Corporate Governance: A Comparative View of the Independent Director in the United States and Europe,” New York Law Journal (November 2006)
“A Trans-Atlantic Free Trade Agreement: Is there a TAFTA in Our Future?” Metropolitan Corporate Counsel (October 1995)
“The Investor/Host State Dispute Settlement Provisions of NAFTA,” included in Report on NAFTA of the Association of the Bar of the City of New York (1993).

 

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