committed to resolution | Experience | Diligence

mediation

Arthur practiced commercial litigation for 40 years — first, at his own small firm where he often represented smaller businesses and entrepreneurs and later, at 2 large firms where he often represented larger businesses, franchisors and distributors. He was in business for himself as a law firm owner for 25 years, employing as many as 15 other lawyers and as an owner of 2 franchised retail stores in regional malls. All of this experience gives Arthur a solid perspective for business issues that helps him help you reach a durable resolution for all. He has taught the business of franchising at Babson College’s MBA program and is an adjunct faculty member at Boston University School of Law where he has taught mediation, negotiation, alternative dispute resolution and professional responsibility since 2012.

Arthur has mediated individual and group claims involving pandemic-related closings, franchise termination, rescission, accidental franchises, disclosure deficiencies, failure to support, breach of contract, unraveling of relationship, ad fund misappropriation; encroachment/proximity, fraudulent inducement, misrepresentation, trademark misuse and related claims; breach of the implied covenant of good faith and fair dealing, and violation of consumer trade practice statutes; breach of partnership and fiduciary duties; trademark infringement and misuse. In lawyer/client disputes, claims have included over-billing and legal malpractice.

Arthur’s philosophy of mediation is humble, empathetic, knowlegeable, respectful, facilitative, tenacious, encouraging and evaluative when necessary. He’s interested in clients being heard and feeling that they are 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; he helps the parties identify and explore the resolution that is their best interests, given available alternatives. As long as any hope of resolution exists, Arthur stays on the job.

Arthur is a Distinguished Fellow of the International Academy of Mediators, an invitation-only group of approximately 200 mediators world-wide, and is certified as an international mediator by the International Institute of Mediation, a peer-reviewed, invitation-only professional association based in The Hague, Netherlands. Recently, he was inducted into the National Academy of Distinguished Neutrals (nadn.org) for his service as a mediator and arbitrator.

Because of the unique and technical nature of franchisee / franchisor relationships, appointing a mediator with specific and vast litigation experience and substantial resolution qualifications is essential to finding a reasonable and durable resolution for all parties involved.

In franchise disputes, issues have included claims of termination, rescission, fraud, inadvertent/accidental franchises, alleged disclosure deficiencies, breach of management duties, unraveling of relationship, advertising fund misappropriation; encroachment/proximity, contract breaches, and association claims. In commercial disputes, issues have included lawyer/client relationship/ fees due and ethical issues, and partnership issues. In lawyer/client disputes, issues have included allegations of over-billing and lawyer malpractice. In commercial disputes, issues have included breach of partnership and fiduciary duties. In IP disputes, issues have included trademark infringement and misuse.

Arthur’s philosophy of mediation is respectful, facilitative and encouraging. He’s interested in clients being heard and feeling that they are 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; he helps the parties realize what resolution is in their best interests, given all the alternatives.

arbitration

Arthur serves as an arbitrator of commercial disputes, including franchise-related disputes, nationwide. During the pandemic he conducted on-line arbitrations and as of June 2021 has resumed in-person arbitration hearings in and beyond Boston. He is a Fellow of the Chartered Institute of Arbitrators, which entitles him to identify himself by the CFIArb designation. He works with counsel to streamline discovery, manage pre-hearing and dispositive motions, evidentiary hearings and issue final award in counsels’ requested format within an agreed-upon timetable. Arthur is keenly aware of the parties’ and counsels’ interest in expeditious and cost-effective resolution.

In 2021, Arthur served as a member of a 3- member arbitration panel that decided after multi-days of hearings issues of liability for an alleged breach of contract between a National Football League franchise owner and an airline operator regarding the potential establishment of a sport-related airline carrier; he also served in 2021 as the sole arbitrator for lengthy-in person hearings in Minnesota involving claims of fraud and misrepresentation by a former franchisee against a franchisor. In another 2021- 2022 matter, Arthur was the sole arbitrator for in-person hearings over 6 days of a dispute between a franchisor and its former franchisee regarding the closing of the franchise business post-pandemic and liability, if any, for liquidated damages. He is very familiar with fee-shifting, prevailing party fee awards and statutory fee awards.

Selecting Arthur as your arbitrator means a timely and efficient process that allows the parties to expeditiously resolve their dispute, and achieve a timely finality that is not available in litigation. You may engage Arthur on a direct basis or through the various service provider panels he serves upon (for example, American Arbitration Association, CPR Institute for Dispute Resolution, Alterity ADR, among others. You may also encourage your lawyer to consider Arthur as an arbitrator whether or not he appears on the roster of selections for your particular case. Upon request, he will identify the names of counsel who have appeared before him in arbitration so that you may conduct your own diligence.

Successful franchise relationships provide mutual benefits for the franchisor and franchisee, however, disputes can and do occur.  To the extent these disputes are not resolved they often are decided outside of the courtroom using arbitration. 

Often, a franchise agreement calls for arbitration in the event of a franchise agreement dispute. Franchise arbitration has become a major alternative dispute resolution method that displaces traditional franchise litigation.

Arbitration allows the parties to conclude their disputes outside of the public eye. In addition, franchise dispute arbitration is usually less costly than traditional litigation and more efficient.

Arthur is a Fellow, Chartered Institute of Arbitrators, which speaks to his years of experience and prowess as an independent neutral administering franchise arbitration procedures and employing more than 40 years of experience.

Selecting Arthur as an arbitrator of your franchise dispute means the result is a predictable, efficient and affordable resolution that allows the parties to return their focus to building and maintaining successful business relationships.

early Dispute Resolution

Early Dispute Resolution (EDR) is an expedited form of mediation that allows the parties to reach principled resolution through the accelerated exchange of documents and proofs without court or arbitration discovery and applies decision tree analyis to allow parties and counsel to understand the realistic value of their cases. If parties are mutually interested in working together to resolve a dispute, with transparency and without drama, EDR can get them to durable resolution on a time-table and budget that is a fraction of the resources that arbitration or court would require. In an EDR engagement, work of resolution begins for Arthur and the parties upon engagement, without awaiting formal mediation. Arthur is certified by the Early Dispute Resolution Institute as trained in Early Dispute Resolution (EDR) Protocols.  Business people regularly resolve disputes on the basis of available data, and EDR adapts that approach to legal disputes in a process that is designed to be over and done within 60 to 90 days.  Arthur is trained in EDR, and a proponent of its advantages.

Early Dispute Resolution (EDR) allows parties to submit their dispute on an expedited basis to Arthur on the basis of then available information, without the expense of court filings, lengthy deposition and dueling experts.  Business people often resolve disputes on the basis of available data, and EDR helps adapt that approach to business disputes in a process that is designed to be over and done within 60 to 90 days.  Arthur is trained in EDR, and a proponent of its advantages.

CONSULTANT TO LAWYERS

Arthur helps lawyers in negotiation strategies and mediation advocacy in cases pending before other mediators. He helps clients understand the mediation process in a way that answers their questions, makes them more comfortable and helps them achieve their objectives. Often he consults during the actual mediation in formulating negotiation strategies in real time. He’s another resource for counsel. Consider asking him to assist in your next mediation.

EXPERT WITNESS

Occasionally, Arthur serves as expert witness or expert consultant to lawyers involved in franchise or legal malpractice litigation, or their insurers. In the past 4 years he has provided expert testimony, reports or consultation in matters involving trial strategy, adequacy of pre-sale franchise disclosure, lawyer professional conduct, franchisor vicarious liability and the reasonableness of settlements made in franchise disputes.