FN-20834 MN-20834 LN-20834, Esq.
Attorney, Arbitrator, Mediator - Business Organizations, Commercial Transactions, Mergers and Acquisitions, Joint Ventures, Breach of Contract, Fiduciary Management, Intellectual Property, Unfair Competition, Employment, Commercial Real Estate, Estate Planning and Administration.
Minnetonka, Minnesota
Business Law Center, PLC – President
Attorney, Arbitrator, Mediator - Business Organizations, Commercial Transactions, Mergers and Acquisitions, Joint Ventures, Breach of Contract, Fiduciary Management, Intellectual Property, Unfair Competition, Employment, Commercial Real Estate, Estate Planning and Administration.
President, Business Law Center PLC, 2003 – Present; ADR Neutral/President, Advance Mediation Center Inc., 1994 – Present; President, Henretta Cross & Ness, 1986 – 2003.
Extensive arbitration and litigation experience prosecuting and defending large complex cases with claims in excess of $200 million involving business law; complex commercial transactions; mergers and acquisitions; professional relationships, partnerships, joint ventures, insurance claims and coverage disputes, property damage, secured transactions and the Uniform Commercial Code; business organizations; shareholder disputes; unfair competition and non-competition agreements; intellectual property; patents, copyrights; trademarks, computer technology including software development and licensing; telecommunications; breach of contract; franchise; distributorship; healthcare; closely held business securities; commercial property development; sales and marketing; employment disputes involving discrimination on the basis of age, sex, race, and disability and sexual harassment; and trust administration. Served as Chair of a three-arbitrator panel in 2021 in an international arbitration proceeding involving complex commercial issues relating to alleged contract breaches, bad faith, and the pursuit of legal and equitable remedies. Served as a sole arbitrator in proceedings involving franchise disputes, health care services, intellectual property rights, entertainment contracts, commercial loans, financial obligations, security agreements, marketing failures, misrepresentation, fiduciary breaches and post-transaction breaches of representations and warranties. Personally managed virtual hearings, including live remote hearings with sworn witness testimony and exhibit introduction.
Served as a mediator in shareholder disputes, employment cases involving claims of discrimination and sexual harrassment, unfair competition matters, property disputes, mechanics lien and divorce and child custody cases. Has provided private mediation services for 12 years, concentrating on business to business disputes over issues of ownership, complex financial dealings and minority owners' rights. Cases mediated have involved amounts in dispute in excess of one million dollars, parties have been business owners, inventors, entrepreneurs, employees and independent contractors and married individuals.
Issues in business ownership and employment disputes involving fiduciary duties, corporate opportunity and waste, unfair competition and duty of loyalty. Has mediated construction cases involving mechanic's lien rights, breach of warranty and representation, breach of contract and negligence. Has mediated family cases involving business valuation and division of business interests, maintenance, child support and custody. Has also mediated employment cases involving discrimination claims based upon age and gender.
I strongly encourage mediation in legal disputes. It is the one stage in the dispute resolution process that the parties themselves control. As a mediator, it is critical to be a good listener and sounding board. While remaining neutral, an effective mediator provides productive feedback to the parties and their respective counsel, if present; sometimes challenging positions and perceptions.
Comfortable with remote meetings, especially if requested by all involved parties. Training and experience with virtual communications for, preliminary hearings, motions and evidentiary hearings with live/sworn witnesses. Proficient and trained in the management of communications via Zoom and other virtual platforms.
William Mitchell College of Law (JD-1986); Luther College (BA-1980).
Admitted to the Bar: Minnesota; 1986; U.S. District Court: District of Minnesota, 1986; U.S. Court of Appeals: Eighth Circuit, 2001.
Hennepin County Bar Association; Minnesota State Bar Association.
Twin Cities Minnesota - Five County Metro Area
$2,000 Per Day
English
United States of America
Minnetonka, MN
The AAA’s Rules provide the AAA with the authority to administer a mediation including, mediator appointment, general oversight and billing. Accordingly, mediations that proceed without AAA administration are not considered AAA mediations, even when the parties select an mediator who is on the AAA’s Roster.
The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.
The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.
