Arthur L. Pressman Dispute Resolution Services LLC — specializing in resolution of commercial disputes
Independent Full-time Neutral serving as mediator, arbitrator, neutral evaluator, early dispute resolution consultant
Expert witness in legal matters, including lawyer malpractice, involving franchise-related issues
Distinguished Fellow, International Academy of Mediators (iam.org)
International Mediation Institute certified international mediator based on peer-review of actual mediation results
Member, National Academy of Distinguished Neutrals
CPR Distinguished Neutral Franchise Panel Member
Arbitrator and mediator of Franchise Disputes, Large Complex Case Panel, American Arbitration Association
Fellow, Chartered Institute of Arbitrators (FCIArb)
Adjunct law professor, Boston University School of Law, since 2012/ ADR, Negotiation, Professional Responsibility, Representing Clients in Civil Litigation
Mediation Professional
I am a full-time independent dispute resolution neutral. Most of my cases come from lawyers and clients against whom I litigated in my prior career as a commercial and franchise litigator. Although based in Boston, in the last four years I have had in-person mediation assignments in California, North Carolina, Illinois, New York, New Hampshire, Pennsylvania, Connecticut, Massachusetts, Rhode Island, Minnesota, Illinois, DC and Texas. I am available for international assignments.
Mediation Experience
Since 2017, Arthur has mediated more than 200 commercial disputes, including multi-party matters, intellectual property claims, trademark infringement, partnership claims, lawyer/client disputes, consumer and unfair trade practice claims, fraud claims, franchise, distributor and dealer claims, franchise association claims, business valuation disputes, franchisee claims against other franchisees, multi-party claims against franchisors, employment and misclassification class action claims, claims by franchisees arising from franchise system restructuring, international franchise agreement termination and non-renewal claims.
Arbitration Experience
Since 2020, Arthur has arbitrated as a sole arbitrator or member of a 3-arbitrator panel multiple disputes involving pandemic-related closings, enforcement of in-term and post-term covenants, fraudulent inducement, alleged misrepresentations in offer and sale of business opportunities, alleged breaches of investment partnerships, trademark infringement, alleged breaches of joint venture agreements, alleged breaches of fiduciary duties. Parties have included business owners, franchisors, franchisees, NFL franchise owners, investors.
Work History
Arthur L. Pressman Dispute Resolution Services, LLC (August 2017 forward)
Boston University School of Law, adjunct faculty 2012 - present
Equity Partner, Nixon Peabody LLP (BOS), February 2003 - February 2017
Babson College, MBA program, co-taught Franchising with Steve Spinelli, Ph.D 2006 - 2008
Capital Partner, Buchanan Ingersoll PC (PHL), 1998 - 2003
Temple University School of Law, adjunct faculty, taught franchise law, 1992
Partner/Founder, Abraham Pressman & Bauer PC (PHL), 1973 - 1997
Associate, Pepper Hamilton & Scheetz (now Troutman Sanders) (PHL), 1971 - 1973
Experience as a Lawyer
For 40 years, Arthur helped to resolve business and tort matters, primarily commercial disputes involving businesses, franchisors and franchisees, dealers, distributors, suppliers and manufacturers, customers and vendors, involving breach of contract, real estate and lease disputes, investment disputes, fiduciary duty claims, fraud, misrepresentation, trademark infringement and intellectual property, wrongful death, serious personal injury, vicarious liability, employment misclassification claims, insurance disputes, food safety claims, franchise and dealer terminations and non-renewals, equitable relief claims including in-term and post-term covenants, class, aggregate and association claims and other franchise, dealership and licensing matters with an emphasis on dispute resolution through negotiation, mediation, arbitration and trials.
Experience includes first-chair jury trials, bench trials, arbitrations, mediations, and appellate arguments in more than 25 jurisdictions, including Puerto Rico and Hawaii and multiple U.S. Circuit Courts of Appeal. Cases have ranged in value from less than $250,000 to more than $600,000,000.
Previously practiced in Philadelphia from 1971 to 2002, first as associate at large firm, then as founding partner of small firm with law school classmates, and then as capital partner at Buchanan Ingersoll, PC; moved to Massachusetts in 1997
Expert witness in legal malpractice and other matters relating to franchise issues, including for law firms and insurers
Adjunct Professor at Babson College, Wellesley, MA, Entrepreneurship Division MBA Program, co-teaching "Franchising: Pathway to Wealth Creation,” 2006 - 2008.
Adjunct Professor, Temple University School of Law, 1992, “Franchise Law” instructor
Representative Issues Handled as a Mediator
In business disputes, issues have included individual and multi-party claims of termination, rescission, fraud, inadvertent/accidental franchises, failure to disclose, breach of management duties, partnership disputes, unraveling of relationship, advertising fund misappropriation, encroachment/proximity, contract breaches, trademark infringement, misuse and association claims. In attorney/client disputes, issues have included breach of fiduciary duties, breach of contract, lawyer/client relationship, fees due, ethical issues including allegations of over-billing and lawyer malpractice.
Mediation Experience as an Advocate or Party
As advocate for clients I have mediated more than 50 cases from1997 throough 2017 when I retired from the representation of clients — thr cases I mediated as an advocate were primarily franchise and distribution disputes (individual and group). Amounts involved ranged from $250,000 to $600,000,000. Appearances before mediators with different approaches and styles have lead me to conclude that a facilitative and interests based approach, with a touch of evaluation when necessary, holds the most promise for resolution.
Mediation Philosophy
My mediation approach is respectful, facilitative, encouraging, persistent, supportive, creative, and evalutative when required. I am very interested in clients being heard and feeling that thearey part of the process. Mediation offers the parties maximal flexibility to frame their own process and their own resolution, based on what's important to them. All parties deserve to be treated with respect and understanding. It's not the mediator's job to impose a suggested resolution on any party; I try to help the parties explore what resolution is in their best interests, given all the alternatives.
Alternative Dispute Resolution Training
ABA Arbitration Institute 2022, 2023, Chicago, NYC
Case Finances: What Arbitrators Need to Know, 2019; New York
State Bar Association Dispute Resolution Section Annual Meeting, October 2019;
New Frontiers of ADR: From Commercial and Investment Matters to Regulatory
Violations, International Bar Association/ICDR, Montreal, 2018;
16th Annual ABA Advanced Mediator Skills Institute, Chicago, ABA
Dispute Resolution Section, 2018; Arbitrator Performance and Demeanor ~ Meeting Participant
Expectations, 2018; AAA Developments in Arbitration Law - Practice Focused
Cases, 2018; ABA Section of Dispute Resolution Spring Conference, Washington,
DC, 2018; AAA The Arbitration Hearing: What to Expect, 2016; AAA The
Preliminary Hearing, 2016; AAA Preparing for and Attending the Preliminary
Hearing, 2016; AAA The Nuts and Bolts of an Arbitration Hearing: Procedure
Evidence and Practicalities, 2016; AAA Arbitration Fundamentals and Best
Practices for New AAA Arbitrators, 2016; AAA
Essential Mediation Skills for the New Mediator, 2016;
Awards; Safeguarding, Deciding & Writing Awards, 2016
Professional Licenses
Admitted to Bar, Pennsylvania (1971), New York (1989), Massachusetts (1999)
Admitted to First Circuit, Second Circuit, Third Circuit, First Circuit, Eighth Circuit, Eleventh Circuit Courts of Appeal
Admitted to U. S. S. Ct. 1987
Professional Associations
American Bar Association, Forum on Franchising (First Chair, Litigation and Dispute Resolution Division 1993-1995; Governing Committee 1997-2001)
American Bar Association, Litigation Section; Dispute Resolution Section
Federal Bar Association, Boston Chapter, ADR Committee
CPR Dispute Resolution Institute, mediator and arbitrator on distinguished neutral panels
International Bar Association, Mediation and Franchising Committees
Fellow, Chartered Institute of Arbitrators (FCIArb) (admitted 2020)
Distinguished Fellow, International Academy of Mediators (iam.org)
Member, National Academy of Distinguished Neutrals (nadn.org) (inducted 2022)
International Mediation Institute (certified June 2019)
Massachusetts Bar Association, Dispute Resolution Committee
Massachusetts Bar Association, Fee Dispute Committee, Arbitration Panel
Education
Temple University (JD); University of Pennsylvania (BA)
Awards and Honors
International Mediation Institute (IMI) Certified International Mediator
International Bar Association, Mediation Committee Officer
Best Lawyers in America, 2019-2020, Franchise Lawyer of the Year, Chambers USA, Band 1, Notable Practitioner, Franchise Law
Massachusetts Super Lawyers 2019 for ADR, many prior years for franchising
Franchise Times Magazine "Legal Eagles Hall of Fame"
Mediate.com Senior Practitioner
Publications and Speaking Engagements
Blog posts on mediation and related topics, search www.arthurlpressman.com
mediate.com and LinkedIn.
Guest teaching, Negotiation program, March 2018, Chuo University, Tokyo, Japan
Guest teaching, Negotiation program, January 2020, Translegal Institute, Shanghai, China
10 Things an Arbitrator Hates About Arbitration — With Apologies to William Shakespeare and Heath Ledger,
American Bar Association, “The Franchise Lawyer,” Summer 2022
"You Say You Want a Resolution," mediate.com, April 2019
"Trusting the Mediator -- Why it Matters in Franchise and other Disputes," www. law.com, January 11, 2019
"How the mediator gains the parties' trust," mediate.com, November 2018
"The importance of trust in the mediator," Federal Bar Association Dispute Resolution Section, The Resolver, September 2018 and mediate.com, August 2018
"A modest proposal," mediate.com May 2108
"How I Spent my First Year as a Mediator, Arbitrator and Occasional Expert Witness," www.linkedin.com, January 2018
"In search of strong mediator; other characteristics considered," American Bar Association, The Franchise Lawyer (2017) and mediate.com, November 2017
"Gerry Spence, Marshall McLuhan and what lawyers do in mediation," mediate. com, September 2017
"Discovery Dilemmas and Opportunities: Ethical, Practical and Legal Issues in the Discovery Process," American Bar Association Forum on Franchising 2001
"How to Be Effective Advocate in Mediation," American Bar Association Forum on Franchising 2005
"Maximizing Insurance Benefits for Franchise Clients," American Bar Association Forum on Franchising 2007
"The Sometimes Blurry Line Between Independent Contractors, Franchisees and Employees," American Bar Association Forum on Franchising 2009
"The Strategy of Arbitration," American Bar Association Forum on Franchising 2012
"Franchise Law Demystified," Massachusetts Continuing Legal Education 2015
"Labor/Employment Law Collides with Franchise Law: Holy Cow! Where Are We Going"", International Franchise Association Annual Legal Symposium, Plenary Session, Moderator and program planner 2015
"Applicable Law and Jurisdiction in Franchising, Commercial Agency and Distribution Agreements," International Journal of Franchise Law, vol. 13, issue 6, 2015 (co-author)
Locations Where Parties Will Not be Charged for Travel Expenses
I do not charge for time spent on travel in continental USA. For international travel time beyond continental USA, i will negotiate an appropriate flat travel rate. I do charge for reimbursement of travel expenses.
Citizenship
United States of America
Languages
English