Paul E. Mason, Esq.
335 S. Biscayne Boulevard
Suite 4208
Miami, FL 33131
Suite 4208
Miami, FL 33131
| Hourly Rate | $450 |
|---|---|
| Current | International Counsel Available for arbitration and mediation via videoconference, in addition to in-person proceedings where safe and appropriate. Experienced in using online platforms including Zoom. |
| Practice | 30 |
| Cases | 50 |
| Languages | English, French, Portuguese, Russian, Spanish |
International Counsel
Available for arbitration and mediation via videoconference, in addition to in-person proceedings where safe and appropriate.
Experienced in using online platforms including Zoom.
Available for arbitration and mediation via videoconference, in addition to in-person proceedings where safe and appropriate.
Experienced in using online platforms including Zoom.
Private practice, 2004 – Present; Of Counsel Affiliations, Veirano Advogados in Rio de Janeiro/São Paulo, 2011 – 2013; Bastos-Tigre, Coelho da Rocha e Lopes Advogados in Rio de Janeiro/São Paulo and Diaz Reus in Miami, 2004 – 2011; Attorney, Private Practice, 2001 – 2004; In-house Legal and Government Affairs Director (Latin America & Canada), 3Com, 1999 – 2001; President, Commercial Dispute Resolution Center of the Americas in Miami, 1996 – 1999; U.S. Legal Director, Modulo, S.A. (Brazilian IT security firm), 1996 – 1998; In-house Legal Director, Oracle (Latin America), 1994 – 1995; In-house Director (Legal and External Affairs, Latin America/Caribbean and Senior Counsel for Russia), Digital Equipment Corp., 1988 – 1994; Attorney/Consultant (International Group, Law Department), Bank of Boston, 1986 – 1987.
Specialization: Mediating large complex commercial disputes. These include multi-party cases and disputes with parties from Latin America, Europe and the U.S. Mediations conducted bilingually in Portuguese and Spanish as well as English. Successfully mediated two disputes with Russian parties.
Arranged and participated in world’s first international mediation by videoconference, for ICDR case resolved successfully between Brazilian and U.S. multinational parties, 2006. Conducted commercial mediation on Zoom, September 2020.
Case experience as a mediator includes:
- Aircraft sales dispute between U.S. companies (2020);
- Agribusiness dispute between Central American growers and a multinational food distributor (2018);
- $MM personal care products marketing-distribution dispute between Japanese and U.S. parties (2018);
- Mediating settlement of dispute between Costa Rican and U.S. companies in the charter aircraft/travel sector;
- Mediating settlement of dispute between Russian and British companies in the aviation sector;
- Mediating settlement of dispute between Russian and U.S. companies on shipping large quantities of foodstuffs;
- Mediating settlement of $6 million multi-party dispute on electrical power generation and reinsurance with parties from Europe, Central America and U.S. (in Spanish & English);
- Mediating partial settlement of dispute between Brazilian mining and U.S./Dutch oil companies concerning post M&A environmental and tax liabilities (in Portuguese & English);
- Mediating settlement of public bid performance bond dispute between Argentine and U.S. reinsurance companies ($5 million case, in English & Spanish);
- Mediating settlement of multi-party environmental dispute between eight multinational oil companies and local community ($50+ million case);
- Mediating 20-30 internal disputes between U.S. multinational corporate parents and Latin and European subsidiaries.
Arranged and participated in world’s first international mediation by videoconference, for ICDR case resolved successfully between Brazilian and U.S. multinational parties, 2006. Conducted commercial mediation on Zoom, September 2020.
Case experience as a mediator includes:
- Aircraft sales dispute between U.S. companies (2020);
- Agribusiness dispute between Central American growers and a multinational food distributor (2018);
- $MM personal care products marketing-distribution dispute between Japanese and U.S. parties (2018);
- Mediating settlement of dispute between Costa Rican and U.S. companies in the charter aircraft/travel sector;
- Mediating settlement of dispute between Russian and British companies in the aviation sector;
- Mediating settlement of dispute between Russian and U.S. companies on shipping large quantities of foodstuffs;
- Mediating settlement of $6 million multi-party dispute on electrical power generation and reinsurance with parties from Europe, Central America and U.S. (in Spanish & English);
- Mediating partial settlement of dispute between Brazilian mining and U.S./Dutch oil companies concerning post M&A environmental and tax liabilities (in Portuguese & English);
- Mediating settlement of public bid performance bond dispute between Argentine and U.S. reinsurance companies ($5 million case, in English & Spanish);
- Mediating settlement of multi-party environmental dispute between eight multinational oil companies and local community ($50+ million case);
- Mediating 20-30 internal disputes between U.S. multinational corporate parents and Latin and European subsidiaries.
Issues in the Central American - Brazilian food distribution dispute: dealing with the corporate cultures of a large multinational and a relatively small family enterprise.
Issues in the Costa Rican - U.S. airline charter dispute: how both companies can work together going forward to recover market share lost by charter plane problems, recognition of each side's efforts to solve the problems at the time; fair apportionment of damages to compensate the passengers etc.
Issues in the Russian - American shipping company dispute: demurrage due for delays in unloading cargo, to be offset by discounts on future bookings of cargo ships.
Issues in the Central American electrical power dispute: insurance for business interruption, damage to heavy duty electrical generating equipment.
Issues in the Brazilian oil & mining company merger and acquisition dispute included post-acquisition Brazilian tax and environmental/oil spill liabilities.
Issues in the Argentina / U.S. reinsurance dispute involved liability on an insurance claim for a performance bond in a government contract.
Issues in U.S. multinational corporate parent / Latin & European subsidiary disputes covered a wide range of subsidiary operational matters in the IT industry.
Issues in the multinational oil company mediation with the Massachusetts Attorney General involved responsibility for cleaning up large underground gasoline leak in residential area.
Issues in the Costa Rican - U.S. airline charter dispute: how both companies can work together going forward to recover market share lost by charter plane problems, recognition of each side's efforts to solve the problems at the time; fair apportionment of damages to compensate the passengers etc.
Issues in the Russian - American shipping company dispute: demurrage due for delays in unloading cargo, to be offset by discounts on future bookings of cargo ships.
Issues in the Central American electrical power dispute: insurance for business interruption, damage to heavy duty electrical generating equipment.
Issues in the Brazilian oil & mining company merger and acquisition dispute included post-acquisition Brazilian tax and environmental/oil spill liabilities.
Issues in the Argentina / U.S. reinsurance dispute involved liability on an insurance claim for a performance bond in a government contract.
Issues in U.S. multinational corporate parent / Latin & European subsidiary disputes covered a wide range of subsidiary operational matters in the IT industry.
Issues in the multinational oil company mediation with the Massachusetts Attorney General involved responsibility for cleaning up large underground gasoline leak in residential area.
Participated as advocate in 2005, representing a Brazilian executive client vs. a U.S.-based multinational energy company in an ICDR arbitration. The issue involved whether the client was entitled to a severance bonus which was triggered by certain project finance goals being met. Both sides accepted mediation after bilateral negotiations had stalled. The case was mediated using cross-border videoconferencing (New York, Washington, and Sao Paulo, Brazil) with an ICDR mediator and was settled. This was said to be the first international commercial mediation where videoconferencing was used, with success. Soon thereafter prepared an article about the experience (with names redacted) for the "Global Arbitration Review" (London) and the "Revista Brasileira de Arbitragem" (Brazilian Arbitration Journal, No. 11, July-September 2006).
Participated in two mediations of the same case as a party - the first one failed while the second succeeded. Being a party and advocate both give a mediator excellent perspectives. And being a party to one failed mediation and one successful one for the same dispute illustrates very well what to avoid and what to do to be successful in mediation.
Participated in two mediations of the same case as a party - the first one failed while the second succeeded. Being a party and advocate both give a mediator excellent perspectives. And being a party to one failed mediation and one successful one for the same dispute illustrates very well what to avoid and what to do to be successful in mediation.
Mediation is a most cost-effective way to settle your dispute. With mediation, the parties participate actively and help shape the way things go. It is primarily a communications process aimed at helping parties negotiate their own settlements.
In mediation, the parties themselves have the most power to get things done, with the help of an experienced mediator. The mediator will focus on trying to enhance communication and negotiation options between the parties themselves so they can generate their own resolution, encouragement and suggestions at the right time can be helpful.
One approach I find helpful is to schedule a two-stage mediation. The first session can be held relatively soon, after some basic fact-finding and legal research. The Mediator can help identify areas of uncertainty, unrealistic assumptions and encourage the parties to check them. This should pave the way for a more productive second session. If the parties do settle in the first session, no second session is necessary.
In international mediations with parties from different countries, the role of language (verbal and non-verbal) and culture is most important. A good mediator has to be aware of these key factors all the time. My experience includes conducting mediations in Spanish and Portuguese with parties from Argentina, Brazil, Panama and other Latin American countries.
There is no single way for mediations to be conducted. They are by nature flexible and depend upon the wishes of the parties. There are many paths to successful resolutions. The mediator will look for any new or latent issues to resolve which may surface during the initial session, such as emotional issues or internal disputes on one side. As a mediator I always assure counsel and clients that everything disclosed to the mediator during mediation will remain strictly confidential, unless specifically authorized to the contrary.
I do not work with a large volume of cases because I believe this would lessen the high degree of attention and care needed for every mediation. I usually focus on mediating large commercial cases, many of them international in scope and also work with medium size domestic disputes as well.
In mediation, the parties themselves have the most power to get things done, with the help of an experienced mediator. The mediator will focus on trying to enhance communication and negotiation options between the parties themselves so they can generate their own resolution, encouragement and suggestions at the right time can be helpful.
One approach I find helpful is to schedule a two-stage mediation. The first session can be held relatively soon, after some basic fact-finding and legal research. The Mediator can help identify areas of uncertainty, unrealistic assumptions and encourage the parties to check them. This should pave the way for a more productive second session. If the parties do settle in the first session, no second session is necessary.
In international mediations with parties from different countries, the role of language (verbal and non-verbal) and culture is most important. A good mediator has to be aware of these key factors all the time. My experience includes conducting mediations in Spanish and Portuguese with parties from Argentina, Brazil, Panama and other Latin American countries.
There is no single way for mediations to be conducted. They are by nature flexible and depend upon the wishes of the parties. There are many paths to successful resolutions. The mediator will look for any new or latent issues to resolve which may surface during the initial session, such as emotional issues or internal disputes on one side. As a mediator I always assure counsel and clients that everything disclosed to the mediator during mediation will remain strictly confidential, unless specifically authorized to the contrary.
I do not work with a large volume of cases because I believe this would lessen the high degree of attention and care needed for every mediation. I usually focus on mediating large commercial cases, many of them international in scope and also work with medium size domestic disputes as well.
Ricardo Cata, Esq., rcata@uww-adr.com, (305) 266-1224; Thomas Meeks, Esq., tmeeks@zuckerman.com, (305) 358-5000; Michael Royster, Esq., Michael.Royster@royster.com.br, 55 21 2509-5782.
Admitted to the Bar: Maine (1977), Massachusetts (1984). Florida Real Estate License: # 3056316 (2003); Brazilian Bar “OAB” Foreign Legal Consultant (2013); International Mediation Institute (IMI) Certified Mediator for Brazil, U.S.
Silicon Valley Arbitration & Mediation Center: Director-General and Member, Tech List of 50+ Technology Expert Neutrals Worldwide (2017-present), Member Board of Directors, Tech Companies and Corporate Counsel Task Forces, and Co-Lead, Latin America/Caribbean Group; Miami International Arbitration Society, Co-founder; Florida Bar International Law Section's International Litigation & Arbitration Committee (now iLaw), Co-Founder and Past Vice-Chair; International Mediation Institute - first IMI-certified Mediator in Brazil.
University of Maine School of Law (JD-1976); Johns Hopkins University Paul Nitze School of Advanced International Studies, Washington, DC & Bologna, Italy (MA, International Relations-1969); Yale (BA, Russian Studies-1967).
$450 Per Hour
English, French, Portuguese, Russian, Spanish
United States of America
Miami, FL
The AAA provides mediators to parties on cases administered by the AAA under AAA mediation procedures. Mediations that proceed without AAA administration are not considered AAA mediations, even where parties select a mediator who is a member of an AAA mediation roster.
