How I Spent My First Year as a Mediator, Arbitrator and Occasional Expert Witness in Franchise Disputes

January 2018

Friends and colleagues,

A year ago I took the leap of faith to withdraw from my law firm partnership and begin a second act as a fully engaged mediator, arbitrator and expert witness in franchise disputes. Looking back over the first year, with your help, I’ve been able to help lawyers and their clients reach closure on vexing business problems. Here’s a sampling of what’s occupied my time this past year:

Mediation of franchisee vs. franchisee dispute in multi-million-dollar franchise system, complete with private equity owners, investment bankers, tier-1 franchise lawyers, and pre-mediation meetings in multiple cities. Result: settlement.

Engagement as expert witness for major East Coast law firm facing malpractice claims for litigation decisions involving New Jersey Franchise Practices Act claims in multiple jurisdictions.

Mediation of franchisor vs. franchisee claims for immediate termination based on intentional misconduct, with tier-1 franchise lawyers on both sides. Result: settlement. 

Mediation of franchisee vs. franchisor claims under New Jersey Franchise Practices Act. Result: not yet resolved but still working on it.

Mediation of lawyer malpractice claim by franchisee vs. former lawyer. Result: not yet resolved but still working on it.

Arbitration of limited partnership dispute among highly sophisticated investors.

Arbitration of multiple fee disputes between lawyers and clients pursuant to Massachusetts Bar Association dispute resolution rules.

Teaching at Boston University School of Law – alternate dispute resolution and negotiation (Fall 2017 and Spring 2018).

Publication of articles on mediator selection in The Franchise Lawyer and at

I’m looking forward to more opportunities in 2018 to serve lawyers, clients and the Bar. If I can help you, or if you have a case you wish to discuss, please connect with me at 508 878 8656 (cell), 617 345 1158 (office) or

Best wishes for peaceful, healthy and personally meaningful New Year.  Remember, there’s often more value in resolution than in being right. ALP