Richard DeWitt - Richard J. DeWitt

Title: Arbitrator, Mediation, Settlement Counsel
Phone: 305-421-6400
Fax: 786-264-5524
Email: rdewitt@resolvedisputes.net

Download Richard DeWitt's Resume Here

Richard DeWitt provides neutral and dispute resolution serves including serving as an arbitrator and mediator in domestic and international commercial, business, technology, franchise and employment disputes. He also provides special master, early neutral evaluation, mini-trial, fact finding, assisted negotiation and settlement counsel services.

Mr. DeWitt is a member of the American Arbitration Association's National Roster of Neutrals serving on its large, complex case panel, its commercial, employment and technology panels and its panel of Mediators. He is also a Member of the FINRA Dispute Resolution Board of Arbitrators, the Franchise Arbitration and Mediation Services Panel of Neutrals and serves on the National Arbitration Forum's Panel of Neutrals and the CDRS Panel of Neutrals. He is a Florida Supreme Court Certificated Arbitrator and Florida Supreme Court Certified Circuit Civil Court Mediator.

Professional History:

• Principal, DeWitt Law/ Resolve Disputes, 1999-present;

• Chief Executive Officer, Quest Group International, Inc., 1991-99;

• Partner, Cohen, Berke, Bernstein, Brode & Kondel, P.A., 1987-93;

• EVP and General Counsel, Tele-America Communications Corp., 1987-91;

• Attorney (Profit Sharing), Squire, Sanders & Dempsey, 1982-87;

• Attorney, Shutts & Bowen, 1979-82.

Experience:

Over 30 years experience in law, business and dispute resolution as a business and technology attorney, business executive and arbitrator and mediator.

• Business: Legal and business experience in corporate, commercial, franchise and real estate matters; complex transactions including, mergers and acquisitions, asset purchases, contracts, commercial leases, retail and wholesale distribution; supply and product development and marketing and sales agreements; securities and investment advisor issues; workouts, liquidations and divestitures; shareholder agreements and disputes, joint ventures, minority shareholders issues, strategic relationships and receiverships including banks and other financial institutions; Former CEO of high-growth company.

• Technology: Experience in technology and software development and licensing agreements; computer law; carrier, long distance, VoIP and billing/collection arrangements (including credit card services and payment systems); network services; operator and customer services and equipment purchases; web site development agreements and Internet law. Experience also includes wireless services, SMS messaging, gateway agreements, prepaid phone cards and services, and public and prison payphone systems. Represented competitive and regulated carriers, LEC's and BOC's. Former Chairman of both the American Public Communications Council and the Prepaid Communications Association.

• Employment: Experience representing employers and employees regarding employment, employment contracts, executive compensation arrangements, stock option plans, non-competition, non-diversion and confidentiality agreements, and termination arrangements.

• International: Experience in both international business and technology matters including trans-border agreements and disputes. Representation of European and Latin American companies doing business in the U.S. and internationally and import/export businesses. Business experience managing multinational operations. Serve as international arbitrator and mediator in large, complex cases.

Arbitration / Mediation Panels:

• American Arbitration Association's National Roster of Neutrals serving on its large, complex case panel, its commercial, employment and technology panels and its panel of Mediators;

• FINRA Dispute Resolution Board of Arbitrators;

• National Arbitration Forum's Panel of Neutrals;

• CDRS Panel of Neutrals;

• Franchise Arbitration and Mediation Services Panel of Neutrals.

Arbitration Experience:

Mr. DeWitt has served as an arbitrator in over 130 arbitrations including large complex cases involving national and international parties and complicated multi party disputes. He has experience and training in both domestic and international arbitration laws and procedures, including AAA, ICDR, UNCITRAL, ICSID, ICC and LCIA rules and procedures. He also serves as an arbitrator in non administered ad hoc arbitrations and has served as a Florida Bar Association fee grievance arbitrator.

Representative arbitrations include:

• multi-party dispute over termination of executive compensation agreements (claim over $7.7 million);

• multi-party dispute between investors and a major national accounting firm concerning audit of company (claim $50 million);

• international telecommunications dispute involving issues of fraud, failure to provide adequate network services, and improper billing and accounting (claim $2 million and counterclaim $37 million);

• multi-party dispute over acquisition of hospital based medical services company and medical equipment leasing (claim $10 million);

• multi-party, multiple issues dispute concerning wholesale cellular services in two states, including unauthorized charges, time bared billing, and rate setting for future services issues (claim and counter claim $17 million);

• Dispute between seller of business and acquiring company over earn-out calculation and failure of representations and warranties (claim $10.8 million counterclaim $2.8 million)

• International software license and distribution agreement between a U.S. software company and its European distributor (claim $1 million);

• International Patent dispute over patent rights to medical instrument invention between purchaser of patent and inventor (Claim $120 Million counterclaim $4.8 million)

• multi-party partnership dispute over development of real estate project, including allegations of mismanagement and fraud (claim and counter claim, $4 million and request for other relief);

• International dispute concerning breach of contract and breach of fiduciary duty concerning the operating agreement for a Chinese pharmaceutical company (claim $6.7 million)

• dispute over calculation of earn out payments resulting from the acquisition of a large automotive parts manufacturer with allegations of bad faith, mismanagement and accounting irregularities (claim over $2 million);

• Claim by credit card issuing bank to recover fraud losses from credit card processor (claim $2.1 million)

• international telecommunications dispute involving billing and accounting issues between large multinational carrier and reseller (claim over $2.3 million);

• Dispute between bank and former president over employment agreement and claims of negligence (claim $6.1 million counterclaim $15 million)

• dispute between major office equipment manufacturer and distributor concerning fraudulent sale of equipment (claim over $1.7 million);

• International contract dispute between brand name clothing designer and manufacturer (Claim $2.1 million counterclaim $5 million);

• dispute between franchisee and fast food franchisor (claim $300,000 counterclaim $3.1 million);

• malpractice claim against law firm in connection with securities litigation (claim $1.3 million);

• Dispute between medical practice group and major national insurance company over payment for services provided to patients (claim $6.8 million)

• dispute between large online lender and website developer over development of internet technology (claim $10 million, counterclaim $5 million);

• dispute over default of developer of office complex under real estate development agreement (claim $1.7 million counterclaim $5 million);

• minority shareholder in closely held corporation fraud claim in connection with the purchase and sale of securities (claim $29 million);

• dispute over claim of fraud in the sale of family business (claim $10 million);

• dispute between major international telecommunications carrier and wireless telecom company over joint venture to provide wireless services (claim $13 million);

• Dispute between investors and major accounting firm over audit of public company (claim $10 million).

• International telecommunications dispute involving billing and accounting issues between large multinational carrier and reseller (claim $13 million);

• Multi party franchise dispute between franchisor and master franchisee over development of franchise project, including allegations of mismanagement and fraud. (claim $2+ million);

• Dispute between Sellers of bank and acquires over calculation of earn-out and allegations of failure of representations and warranties (claim $1 million counterclaim $2.2 million);

• Dispute between major national telecommunications company and CLEC over breach of interconnection agreement and services issues (claim $5 million counterclaim $1 million)

Mediation Experience:

Mr. DeWitt has served as a mediator in numerous commercial, business, franchise, real estate, technology and employment related disputes, including large complex cases involving national and international parties and complicated multi party disputes. Cases mediated have also including complex multi-million dollar commercial and international disputes regarding contract, franchise, shareholder, construction, trade-mark and warranty claims and in civil disputes including personal injury and insurance claims. He also participated in resolving billions of dollars in disputes as part of the claims process in conjunction with the take over of failed Savings and Loan Associations on behalf of the FSLIC and the RTC.

Representative mediations include:

• Multi- million dollar dispute between franchisor and 12 franchisees over allegations of breach of contract, fraud, and statutory violations;

• Multi-million dollar international multi party dispute involving major multi-national chemical company over world-wide supply disruption to manufacturing customers;

• International distribution and trade-mark dispute and shareholders dispute with multiple parties involving high profile European auto products manufacturer,

• Shareholders dispute involving the buy out of a large medical services provider,

• Multi million dollar dispute regarding “click through” internet advertising,

• International dispute regarding ownership of large telecommunications products distribution company,

• Dispute over large real estate development project between developer and land owner,

• Dispute between doctors over the break up of a large medical group with allegation of millions of dollars in misappropriated funds

• Dispute between a Bank and its consultants over regulatory oversight issues

• International dispute over various promissory notes and properties in various countries

Arbitration and Mediation Training:

•

AAA Neutrals Conference, 2010; 2009, 2006, 2005, 2004

• ACR/AAA Advanced Commercial Mediation Institute, 2009, 2008, 2007, 2006;

• AAA Arbitrator Ethics & Disclosure (ACE003), 2006;

• FINRA/ NASD –Arbitrator Training;

• AAA Chairing an Arbitration Panel:

• FINRA/ NASD Chairing an Arbitration Panel;

• Managing Procedures, Process & Dynamics, 2005;

• AAA Dealing with Delay Tactics in Arbitration, 2005, 2004;

• International Centre For Dispute Resolution (ICDR), 3rd Annual International Arbitration Conference, 2004;

• AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards, 2004;

• Florida Bar, International Section and Inter-American Bar Association, International Arbitration Conference, 2004;

• AAA International Arbitration Symposium, 2004;

• AAA Arbitrator Update, 2003; ACR/FMCS/NAA Arbitrator Training, 2003;

• AAA Commercial Arbitrator II Training: Advanced Case Management Issues, 2002;

• Florida Bar Association Grievance Mediation Training Program, 2002;

• Florida Supreme Court Arbitration Training Program, 2002;

• AAA Arbitrator I Training: Fundamentals of the Arbitration Process, 2002;

• AAA Advanced Mediator Workshop for Court Based Settlement Programs, 2002;

• AAA International Arbitration Symposium, 2004;

• AAA Arbitrator Update, 2003; ACR/FMCS/NAA Arbitrator Training, 2003;

• AAA Commercial Arbitrator II Training: Advanced Case Management Issues, 2002;

• Florida Bar Association Grievance Mediation Training Program, 2002;

• Florida Supreme Court Arbitration Training Program, 2002;

• AAA Arbitrator I Training: Fundamentals of the Arbitration Process, 2002;

• AAA Advanced Mediator Workshop for Court Based Settlement Programs, 2002;

Professional Licenses & Certifications:

•

Admitted to the Florida Bar; 1979

• Florida Supreme Court Certificated Arbitrator, 2002;

• Florida Supreme Court Certified Circuit Civil and County Court Mediator, 2002.

Education:

•

University of Miami, School of Law - Jurist Doctor (cum laude) 05/79;

• Florida International University - Bachelor of Arts 06/75.

• The Chartered Institute of Arbitrators Diploma in International Commercial Arbitration Course – Oxford University - Balliol College - 9/04

• ABA National Arbitration Institute, Golden Gate Law School - 05/04;

• Florida International University, Circuit Civil Mediation Training, 2001.

Professional Activities:

•

Fellow - The Chartered Institute of Arbitrators

• Fellow – The College of Commercial Arbitrators

• Distinguished Fellow (Governor) - International Academy of Mediators

• Judge / Arbitrator – William C. Vis International Commercial Arbitration Moot, Vienna 2010

• Chairman (Founding) - Advanced Commercial Mediation Institute, Washington, D.C.

• Member - The National Academy of Distinguished Neutrals

• Member (Founding) Miami International Arbitration Society

• Member - Florida Circuit-Civil Mediators Society

• Diplomat Member - Florida Academy of Professional Mediators

• American Bar Association (Dispute Resolution & International Sections)

• Florida Bar (International Section/ Litigation & Dispute Resolution Committee)

• Dade County Bar Association

• Former Board Member (Founding) – Mediators Beyond Borders, Pittsburgh, PA

• Former Board of Directors - Coral Gables Bar Association

• Past Chair - Commercial Section - Assoc. for Conflict Resolution – Washington, D.C.

Business and Civic Activities:

• Board Member, City of Coral Gables – Trial Board

• Board of Directors – Coral Gables Community Foundation, Coral Gables, FL

• Trustee – Admiral Farragut Academy – St. Petersburg, FL

• Trustee – Admiral Farragut Academy Foundation – St. Petersburg, FL

• Rotary Club of Coral Gables

• Former Chair, City of Coral Gables – Economic Development Board – Coral Gables, FL

• Past Board Member, City of Coral Gables - Utility Services Reliability Taskforce

• Past Director, Coral Gables Chamber of Commerce

• Past Chair, American Public Commun. Council -Washington, D.C. – 1991/93.

• Past Board of Directors, North American Telecom. Assoc. - Washington, D.C. – 1992/93.

• Past Chair, Prepaid Commun. Assoc. – Washington, D.C.1994/ 95.

Speaking Engagements:

• Faculty, AAA Neutrals Conference, Orlando 2010;
• Moderator/ Speaker - ACR/AAA Advanced Commercial Mediation Institute, Atlanta 2009;
• Moderator/ Speaker - ACR/AAA Advanced Commercial Mediation Institute, Austin 2008;
• Speaker – “The Tension between Choice of Law and Mandatory Rules in International Employment and Agency Arbitration” symposium on International Labor and Employment Law sponsored by the New York State Bar Association and the Cornell School of Industrial and labor relations, New York, 2008
• Speaker "Arbitration Advocacy," AAA CLE Program, Miami, 2008;
• Moderator/ Speaker - ACR/AAA/Harvard Advanced Commercial Mediation Institute, Phoenix 2007;
• Moderator/ Speaker - ACR/AAA/Harvard -Advanced Commercial Mediation Institute, Philadelphia, 2006;
• Speaker - "No Pay " Nonsignatories and Arbitration No Play," AAA Arbitrator Round Table, Miami 2006;
• Moderator / Speaker – “Methods of Dispute Resolution” International Symposium – Investments and Law, The Florida Bar – International Law Section, Miami, 2005
• Speaker – Current Issues in Arbitration,” Association for Conflict Resolution – National Teleconference Seminar, 2005
• Speaker - "Recent Developments in Arbitration," AAA CLE Program, Miami, 2005;
• Speaker - "Recent Developments in Arbitration," Coral Gables Bar Association, Coral Gables 2005;
• Speaker - "No Pay - No Play, " A Solution to the Non Paying Party Problem," AAA Arbitrator Round Table, Miami 2004;
• Speaker - "International Arbitration," AAA CLE Program, Miami 2004;
• Speaker - "Drafting Effective Arbitration Clauses," AAA CLE Program, Miami 2004;
• Moderator - "Summit Debriefing of the Monterrey Summit of the Americas for Heads of State and the Democratic Governance Issues of the Haiti Crisis," Organization of American States (OAS), Coral Gables 2004;
• Speaker "Arbitration Advocacy Workshop," AAA CLE Program, Miami, 2004;
• Speaker - "Managing Your Growth in a Changing Environment," Merrill Lynch Business Leaders Conference, Coral Gables, 2002;
• Speaker - "Alternative Dispute Resolution," Coral Gables Chamber of Commerce Impact Council, Coral Gables, 2002;
• Speaker -"Application of State Escheat Laws to Prepaid Phone Cards," Intelecard Conference, Houston, 1997;
• Speaker" Developing Telecom Infrastructures," IBC Seminars, Hong Kong, 1995, New York, 1994.

Publications:

• Co-author, Chapter 28, “No Pay No Play: How to Solve the Non-Paying Party Problem in Arbitration," American Arbitration Association, Handbook on Arbitration Practice, 2010;

• Co-author, Expert Commentaries “Emerging Issues - Commentary on Consequences of Failure to Pay Arbitration Costs” Lexisnexis.com, 2008;

• Author, Legislative Updates – “Supreme Court Holds That FAA Grounds for Vacatur Are Exclusive,” ACRESOLUTIONS MAGAZINE, 2008;

• Author, Legislative Updates – “New Jersey Supreme Court Holds That Orders Compelling Arbitration Are Appealable as a Matter of Right,” ACRESOLUTIONS MAGAZINE, 2008;

• Author, “Consumer Arbitration in Jeopardy?: Noble goals and unintended outcomes of the Arbitration Fairness Act of 2007” ACRESOLUTIONS MAGAZINE, 2008;

• Co-author, "No Pay No Play: How to Solve the Non-Paying Party Problem in Arbitration," DISPUTE RESOLUTION JOURNAL, February - April 2005;

• Annual contributor, "Industry Trends," INTELECARD NEWS, December 1995-97;

• Monthly article "Industry Developments in Public Communications," PROSPECTIVES ON PUBLIC COMMUNICATIONS, , 1992-93;

• Author, "Partnerships of Professional Corporations," PROFESSIONAL CORPORATIONS AND NOT-FOR-PROFIT CORPORATIONS, Florida Bar Continuing Legal Education, 1983;

• Author, CORPORATE LAW, Florida Bar Continuing Legal Education, 1981;

• Co-author, "Florida and Federal Disclosure Requirements," SECURITIES LAW, Florida Bar Continuing Legal Education, 1979.