FRANCHISE MEDIATION & ARBITRATION SERVICES

committed to resolution | Experience | Diligence

some of the nice things people say ….

 

my wife says lots of nice things about me

and so do other folks (read their words below)

I have worked with Arthur on complicated franchise disputes and restructuring matters for nearly two decades as a law partner and more recently as a mediator.  Franchisees and their counsel, franchise industry CEOs and their counsel, and franchise finance professionals all recognize Arthur as an expert that knows franchise law and the business and finance of franchising inside-out. 

 Rick Pedone - Financial Restructuring Partner, Nixon Peabody LLP

Art,

I write to express my gratitude and that of my franchisor client for your superb skill , experience as a top flight lawyer, and wisdom in helping us resolve four large and challenging  cases through in- person mediations in 2019.

I have been in dozens of mediations in my career since 1972, including many conducted by US Magistrate judges , and I think your work is unsurpassed. You combined  a comprehensive knowledge of the subjects involved( the franchising business, franchise law and some quite nuanced matters of contract interpretation ) with a patient , always polite , respectful and constructive approach . The parties were not just financially invested in the disputes, but  emotionally invested, the latter of which can be the most fraught . You established and deserved  the confidence and trust of all as you returned again and again to the parties separately, and though persistence and persuasion achieved a result all could accept, and at a very reasonable fee structure.

In fact, my client —reluctant indeed concerning some resolutions —nonetheless told me recently that for the next mediations we should make every effort to retain your services. We certainly shall.

All the best, Allan

ALLAN HILLMAN, Partner, Garcia & Milas, New Haven CT.

“Arthur Pressman is a superb and sophisticated mediator. I do not make this assessment lightly, but on the basis of my own knowledge of what is required for effective mediation and my experiences with Arthur as a colleague, lawyer and mediator.

To be effective a mediator needs to combine a range of skills, including integrity, a deep understanding of the law, the dual forms of intelligence sometimes referred to as IQ and EQ (emotional intelligence), the ability to listen to others, a practical business sense, perseverance, and the kind of personal charm that makes people enjoy the mediator’s company and can be used to defuse tense situations and keep mediations on track.

Arthur has these attributes. For over thirty years he was a successful lawyer with clients and in the courtroom. His quick mind and exceptional legal skills were widely recognized and valued by colleagues, clients, opponents and judges. He has the unusual ability to find something to respect and enjoy in almost everyone he meets, no matter from where they come or what they do – a rare quality that served him well as a litigator. When I learned he was becoming a full time mediator I was confident he would soon be as widely recognized and respected as an unusually effective mediator just as he had been as a practicing attorney. And that has proven to be the case.

My expectations were recently confirmed by my own experience in a mediation Arthur conducted involving multiple parties, highly antagonistic clients with various degrees of business sophistication, and difficult legal and business issues. Unlike many mediators who start a mediation with only a superficial understanding of the issues, Arthur arrived fully prepared, and understood the legal and business issues from the start. As is often the case, in this mediation it was particularly important that the parties were able to share their grievances and be respected, and Arthur won their confidence by listening carefully and respecting what he heard from them. He proposed sensible compromises. He was able at appropriate times to persuade parties that certain expectations were unrealistic without blowing up the mediation. And throughout the tiring multi-day sessions he was able to use flashes of humor to defuse particularly tense situations and keep the mediation on track. In short, Arthur proved to be as expected – a mediator with exceptional skills. I look forward to working with him again, and recommend him without reservation.”

— ROBERT CALIHAN, WWW.CALIHANLAW.COM, Rochester/NYC, NY

“I have known Art for 27 years, first as a formidable opponent in a franchise arbitration, and later as a colleague and friend. More recently, I had the good fortune to utilize Art’s numerous talents in four franchise cases that Art mediated on behalf of my clients in 2019. I am happy to say that Art was able to settle them all, although a couple were touch and go there for a while. Just when the parties seemed terribly and irreconcilably polarized, Art was able to use his considerable intellectual and persuasive skills to broker a settlement—the legal equivalent of pulling a rabbit out of a hat.

Art brings a warm personable mediating style combined with a rapier wit and a mind like a steel trap. Nothing escapes his notice. At times Art can be disarming, but behind that façade, there is an intensely calculating mind constantly discerning permutations and possibilities. Art is fair and just, always searching for the business solution that makes sense for all. He is not interested in driving any side too hard, only reaching an equitable settlement. I am currently using Art for two additional cases that I need mediated, and we are discussing the use of Zoom and other virtual mediation techniques.

I would recommend Art to anyone, and the fact that he has represented numerous franchisors in the past should not be a deterrent for anyone who wants to use his services. Above all, Art strives for justice. He is honest as the day is long.”

— MARIO L. HERMAN, WWW.FRANCHISE-LAW.COM, Washington DC

“Arthur has been such an incredible resource to our company as a franchise attorney. Arthur listens, he cares about what we are trying to accomplish, and his advice is spot on every time. Arthur always knows the answer, and the impact he has made on the value of our business can’t be calculated. I can’t imagine that there could be anyone better than him at mediation. He would be my first and only call”

— MATT MURPHY, COO OF BUSINESS NETWORK INTERNATIONAL, WWW.BNI.COM

“I write to recommend Arthur Pressman as a mediator.  Approximately 18 months ago, I represented a franchisor in a major dispute involving two former master franchisees in India who were claiming $36 million in damages.  The master franchisees were separately represented by two experienced franchisee attorneys.  We were approximately one month from trial when the parties agreed to mediate.  Arthur was able to get up to speed on the myriad of issues involved in the case and, in less than a week, we held a day long mediation.  Although we did not settle that day, Arthur’s continued assistance over the next few weeks was instrumental in helping to resolve the dispute prior to trial.  Interestingly, at the end of the first day of the mediation, Arthur presented a proposed settlement figure to the parties (with their agreement).  At the end of the day, that was te figure the case settled for.  Arthur’s knowledge of the issues involved coupled with his commitment to resolving the matter were absolutely critical in getting the case settled.”

DAVID WORTHEN, Partner, Quarles & Brady, Washington, DC

“Arthur is the best franchise attorney in the country. He is well above his competition when it comes to knowing his business and the franchise industry. I would not trust anyone else to handle my future franchise business ventures. My franchise businesses are too important to me to consider engaging anyone other than Arthur to navigate the legal landscape which gets more complex by the day. Thank you Arthur for your professional service.”

WILLIAM MUNIER, ESQ., REAL ESTATE ATTORNEY AND INVESTOR

“It is my pleasure to personally recommend Arthur Pressman. I have known Arthur for over 25 years and seen him in action in a wide variety of situations. He is a consummate professional with a firm grasp of the law who thoroughly prepares for each case, large and small. I recall one particular case with a particularly recalcitrant opponent. Arthur and his team effectively underscored the weakness of the opponent’s arguments and obtained a rarely awarded directed verdict. Further, Arthur gives tirelessly to advance the skills of other lawyers through education programs on franchise, independent contractor, contract and other areas of the law. Arthur is the kind of lawyer you want in your corner when the matter is serious and the consequences severe.”

BUD REMILLARD, FORMERLY DIRECTOR AND MANAGING COUNSEL, DUNKIN’ BRANDS,INC.

“Arthur, to me, is not only a colleague, an adversary and a friend, but most importantly a mentor that has taught me many values of the legal profession. His skills and effectiveness as a lawyer are top-notch and equaled only by his professionalism and his tact. These traits rank him as tops not only as lawyer, but as a person I strongly recommend Arthur.”

— JUSTIN M. KLEIN, Partner, Marks & Klein, Red Bank, NJ. WWW.MARKSKLEIN.COM

“As Vice President and General Counsel at Little Caesars, I worked closely with Arthur on a “bet the company” type case. Arthur obtained summary judgment on all counts. If you are a franchisor needing very competent and expert representation, I highly recommend Arthur Pressman.”

STANFORD P. BERENBAUM, V.P. AND GENERAL COUNSEL AT ILITCH HOLDINGS, INC

 “Arthur is a top notch franchise lawyer with the right business sensitivities. We used Arthur on a lawsuit brought by a franchisee with a very difficult opposing counsel. Despite this challenge and issues involving multiple jurisdictions and venues, Arthur was able to get us the right business result for the company. ”

ANONYMOUS

“Arthur has successfully mediated two large, complex cases in which I’ve been involved. In one case, he perceptively saw that the key to resolution was financial disclosure from the other side and crafted a mechanism to obtain those disclosures, which created the path to settlement. In the other case, after a long day of negotiation, both sides asked Arthur to propose a settlement amount; although the parties did not agree to that amount, Arthur persisted in working with both sides, and brought them to that figure before the hearing began. While Arthur brings to mediation all of the skills that an excellent mediator should have, his creativity and wisdom in these cases stand out as the keys to achieving a resolution.” “Arthur brings knowledge, creativity, persistence and wisdom to his mediations. He masters the facts and law, understands both the legal and emotional aspects of a dispute, and finds “out of the box” solutions to break logjams. He has an uncanny gift for focusing on the terms that will move parties to settlement, and the persistence to bring parties to agreement”

W. Michael Garner, Garner, Ginsburg & Johnsen, P.A.