3 Great Valley Parkway, Suite 200
Malvern, PA 19355
Hourly Rate $500
Current Property Trust Advisory Co., LLC - President
Plymouth Industrial REIT - Director
Practice 25
Cases 1,000
Languages English
Property Trust Advisory Co., LLC - President
Plymouth Industrial REIT - Director
Director, Plymouth Industrial REIT (NYSE – PLYM), 2011 – Present; President, Property Trust Advisory Co. LLC, 1990 – Present; Founding Chairman and CEO, Ascott Investment Corporation, 1981 – 2016; Lead Director, Boston Capital Real Estate Investment Trust, 2003 – 2008; Director, Government Properties Real Estate Investment Trust (NYSE-GPT), 2003 – 2007; Adjunct Professor (Real Estate Institute), New York University School of Continuing and Professional Education, 1997 – 2007; Vice President and Director, Universal Field Services, 1987 – 2007; Vice-President, Rutherford Brown & Catherwood, 1992 – 2005; Director, Development Capital Funds Inc, 1989 – 2002; Group Executive and Senior Real Estate Officer, IU International (NYSE – IU), 1972 – 1981; Manager, Real Estate Acquisition and Property Management Division, Port of New York Authority (now Port Authority of New York and New Jersey), 1966 – 1972.
Mediated approximately 1,000 disputes in securities, real estate and general business and has a settlement rate of over 90%. Has been an active mediator for over 25 years, with experience in complex and multi-party disputes, and is an approved mediator for the AAA, FINRA, The Counselors of Real Estate, and the U.S. Bankruptcy Court for the Southern District of New York. Has also mediated private commercial cases brought in the Commerce Court of Philadelphia, and the courts of a number of states including New York, New Jersey, Pennsylvania, Massachusetts, Indiana and Georgia.

In the early nineties, was requested by the Claims Administrator in SEC v. Prudential to become a hearing officer in a med-arb process involving claims brought against Prudential for real estate limited partnerships. Served as sole arbitrator-mediator in approximately 65 cases, about 75% of which were settled in a negotiated process, and about 25% through an arbitration in which an award was rendered. No efforts were made by any of the parties to appeal.

Securities cases primarily involve disputes by public customers against registered representatives, investment advisors, CFP's, and brokerage and RIA firms, but also include employment cases, and disputes between and among firms. Real estate cases primarily involve real estate securities, disputes involving leasing and property management, between investors and general partner/sponsors, and between and among general partners. General business cases primarily involve breach of contract, franchise cases, and partnership break-ups, among other matters. Amounts in controversy in all categories range from five figures to well into eight figures.

Chair of the Sub-committee of the NASD National Arbitration Committee in 1992 that developed the mediation rules and procedures for the securities industry. Then was elected Chair of the renamed National Arbitration and Mediation Committee from 1993 to 1997 when the program was rolled out around the country. Attended the first mediation training session held by the NASD, and was one of the first mediators approved to practice. Participated in numerous NASD seminars as speaker or panelist talking about the benefits of mediation, and recruiting prospective mediators from the arbitration panel, and attended SICA (Securities Industry Conference on Arbitration) meetings to introduce the program to other self-regulatory organizations and exchanges around the country, all of which adopted it or a close variant. Appointed in 2015 to a FINRA National Task Force which at the end of 2016 made over 50 recommendations for changes to the dispute resolution arbitration and mediation procedures.

Speaks and writes regularly about mediation, and has appeared before the ABA, ACR, PIABA, the Pennsylvania Bar Institute (PBI), the Practicing Law Institute of NY (PLI), the Urban Land Institute, The International Right of Way Association, The Counselors of Real Estate, and other groups throughout the country.
Issues in securities cases involved suitability, breach of fiduciary duty, churning, selling away, concentration, failure to execute, failure to supervise, fraud and misrepresentation, breach of contract, mutual fund and annuity switching, failure to monitor and re-balance, raiding, unauthorized trading, unauthorized transactions, unauthorized use of margin, forgery, excessive commissions, fraudulent research, sale of unregistered securities, clearing company liability, guaranteed returns, improper mark-ups, duty to mitigate, and others, as well as employment related matters such as wrongful termination. Products included just about everything sold by broker-dealers including stocks, bonds, mutual funds, equities, options (covered and uncovered), puts, calls, exchange traded funds, limited partnerships and annuities (fixed and variable), among others, plus insurance related products such as viatical insurance and senior settlements, as examples.

General business and employment case issues involved breach of contract, franchise cases, partnership dissolution, confidentiality and non-compete matters, severance payments, discrimination (age and race), harassment, and invasion of privacy, among other matters.

Real estate disputes included contract issues (lease, agreement of sale, and letters of intent), partnership, disclosure, financing, escrow, property management issues, among others, for vacant land and all types of improved property including retail, office, industrial, residential and hospitality.
Arbitrator for over 40 years, and mediator for over 25 years.
Mediation is an art, not a science. There are some inviolate principles, of course. The process is owned by the parties, not the mediator; the mediator has to be scrupulously objective, honest, and neutral, must be perceived as such, and must develop a trusting relationship with the parties; the parties must have the opportunity to tell their story and know they were heard and understood; and the mediator must help them understand their adversary's perspective.

How this is best accomplished varies from case to case. For example, though joint opening sessions are helpful, they sometimes can be detrimental to the process, and the mediator has to know when to use them and when not to, or run the risk of exacerbating the dispute.

A telephone call with all counsel before the mediation is critical for the mediator to learn about the case and the parties, to develop a relationship with counsel he or she does not know, to identify documents for review, and to go over the planned mediation process to get counsel's input and approval. A call is often more valuable than a mediation memo or brief which, while sometimes helpful, is often just a repetition of the pleadings. The call also helps busy counsel focus and pay attention to the case before the planned mediation. In larger cases, pre-mediation meetings substitute for the phone call.

In the best of circumstances, the mediator is a neutral facilitator who helps the parties negotiate a settlement. As long as the facilitative role works well, it is preferred, because the ideal settlement is conceived by and advocated by the parties themselves. But in the real world the process usually needs some pushing and prodding by the mediator to get it started, to keep it going, and/or to bring it to a successful conclusion. That is when the labels of "facilitative" and "evaluative" break down, because an effective mediator will get more evaluative as it appears it is needed and the parties want it, and will go back and forth in both roles as is necessary to get the job done.

The usual mediation is a fascinating process. It begins as an intellectual exercise, in the pre-mediation private calls or meetings with counsel when you get parts of the story, often conflicting, and usually with a little advocacy on all sides. The mediator has to piece together tentative conclusions about what might have happened, and develop an initial game plan for resolution, subject, of course, to getting more information. The mediation itself often starts as an exercise in group dynamics, with everyone around a table, and the mediator has to figure out who is who, in terms of power, agendas, decision- making, and truth-telling. Ultimately, later in the day, it sometimes becomes a matter of one on one, or one on two, as the mediator goes head to head with the decision-maker(s), helps them evaluate the strengths and weaknesses of the situation, and pushes to get a resolution.

Counsel has to be prepared, and should stop the strident advocacy at some point (some is understandable; to stake out a position, and to make sure the client knows he has a champion). Counsel should have prepared the client(s) for mediation, stressing the importance of an open mind. The mediator’s job is to get the parties (and counsel) to understand both sides and the risks of moving forward without a settlement (BATNA), as well as the settlement possibilities, so they can make a decision in their best interests. The good mediator will push for a resolution he thinks is reasonable, but recognizes the final decision is for the parties, and is comfortable with that.
Dave C. Franceski, Jr., Esq., dfranceski@stradley.com, (215) 564-8000; Glenn Gitomer, Esq., ggitomer@mkbattorneys.com, (610) 341-1020; Dana Gloor, Esq., dgloor@milesstockbridge.com, (410) 385-3849; Sandra D. Grannum, Esq., sandra.grannum@dbr.com, (973) 549-7015; David E. Robbins, Esq., drobbins@kaufmanngildin.com, (212) 755-3100; Rick Slavin, Esq.,
rslavin@cohenandwolf.com, (203) 341-5310.
ACE 20 - Cyber Security: A Shared Responsibility, 2020; AAA ACE 19 Case Finances: What Arbitrators Need to Know, 2019; Arbitrator Performance and Demeanor ~ Meeting Participant Expectations, 2018; AAA Protecting Your Award from Appellate Challenge, 2016; AAA Panel Dynamics: Staying On Course When Things Don't Go As Planned, 2015; AAA Winning at Arbitration: More than 30 Specific Tips Advocates Can Use to Improve Arbitration Outcomes, 2014; AAA Conducting Research & Investigations, 2014; AAA Advanced Mediator Training: Managing the Dynamics of a Multi-Party Case, 2011; AAA Maximizing Efficiency & Economy in Arbitration: Challenges at the Preliminary Hearing, 2011; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards ACE01, 2009; AAA Advanced Mediator Training, 2009; AAA Construction Conference: Maximizing ADR Advocacy for Today's Economy, 2009; AAA Construction Conference: ADR Works, 2008; AAA Arbitration Fundamentals and Best Practices for New Arbitrators, 2008; PA Council of Mediators, Mediator as Negotiation Coach, 2007; ACR/ Harvard/AAA, Advanced Commercial Mediation Institute, 2006; NY Stock Exchange, Arbitration Training, 2005, 2004, 2003; Practicing Law Institute, Securities Arbitration Seminar, 2005, 2004; Practicing Law Institute, Securities Arbitration Seminar, 2004; Pennsylvania Bar Institute, Prosecuting & Defending Claims Against Broker- Dealers, 2002; National Association of Realtors Mediation Training, 2000; NASD Advanced Mediation Training, 1998; NASD Employment Law Training, 1997; NASD Mediator Skills Training, 1996; NASD Chairperson Arbitration Training, 1996; NASD Securities Arbitration Training, 1996.
Admitted to the Bar: New York (1967-inactive). Securities Licenses: Series 22, 39, 63; NASD (1982-inactive); CRE, The Counselors of Real Estate (1994); International Right of Way Association, Senior Member Accreditation (1969); National Association of Corporate Real Estate Executives, Master of Corporate Real Estate (1982-inactive); Real Estate Securities & Syndication Institute, Specialist in Real Estate Securities (1985-inactive).
In the real estate field, was elected national President of RESSI, the Real Estate Securities & Syndication Institute (1986), and national Chair of CRE, The Counselors of Real Estate (2003), both institutes of the National Association of Realtors. For eleven years, from 1976 to 1983, and again, from 1998 to 2002, served as General Counsel, Parliamentarian and a member of the Executive Committee of the International Right of Way Association (IRWA), the largest organization in the US and Canada for the right of way industry. In 1975 co-founded Philadelphia Chapter of National Association of Corporate Real Estate Executives and served as President from 1976-1977.

In the securities field, was elected to the National Association of Securities Dealers (NASD, now FINRA) District Business Conduct Committee for the Philadelphia region in 1985, and Chair in 1987. In 1988, was elected to the national Board of Governors of the NASD, Chair of the National Business Conduct Committee in 1989 (the group that reviews all disciplinary cases against broker dealers and registered reps around the country), and Vice Chair of the Board in 1990.

American Bar Association (Dispute Resolution Section); Officer and member of Executive Committee of governing Council, 2008 - 2015; Member of Mediation Institute Faculty, 2010 - 2015; Member of Arbitration Institute faculty 2014; Co- Chair, 2016 - 2017; Association for Conflict Resolution, Philadelphia Chapter, Member of Board and Co-chair Program Committee, 2013 - 2018; New Jersey Association of Professional Mediators; Pennsylvania Association of Mediators; American College of Civil Trial Mediators.
New York University (LLB-1966); Columbia University (BA, English Literature-1961).
Columbia University: Dean's List, Humanities Award, Columbia Medal for Conspicuous Alumni Service. NYU School of Law: Administrative Law Award. RESSI, Bert Smith Award for Distinguished Service, 1988. IRWA: Lum Award for Contributions to Right of Way Education, and Mark Green Award for Journalistic Excellence.
PUBLICATIONS: “Hearts and Minds Will Follow: An Essay on Mediation”, Course Textbook for Securities Arbitration, Practicing Law Institute, 2007; “Top Ten Specious Reasons Why Lawyers Won't Mediate”, PIABA Law Journal, Fall 2004; PBI Course Textbook, “Prosecuting & Defending Claims Against Broker Dealers”, Pennsylvania Bar Institute, 2005; “Thoughts on Managing a Multi Party Mediation”, The Neutral Corner, NASD, October 2004; Chapter Author, “Mediation, in Prosecuting & Defending Claims Against Broker-Dealers”, Pennsylvania Bar Institute, 2003; “The World Trade Center and Me: From Camelot to Bin Laden: A Memoir, Right Of Way”, April 2002, and in Real Estate Issues, The Counselors of Real Estate, Summer 2002. A Case Study: “Med-Arb Worked in U.S. for Real Estate Partnership Claims”, New York Dispute Resolution Lawyer, NYSBA, Spring 2009 Issue; “Mediating a FINRA Securities Case: A Practical Guide”, PLI (NY) Course Textbook, Securities Arbitration 2011; “The Pre-Hearing Conference in Arbitration - A Step by Step Guide”, PLI (NY) Course Textbook, Securities Arbitration 2012.

SPEAKING ENGAGEMENTS: “Securities Arbitration 2007”, Practicing Law Institute, August 2007; “Real Estate Dispute Resolution”, Association for Conflict Resolution, Greater NY Chapter Annual Conference, June, 2007; “Real Estate Dispute Resolution”, ABA Dispute Resolution Section Spring Conference, Washington, DC, April, 2007; “Negotiate, Mediate, Arbitrate or Litigate”, Urban Land Institute Annual Meeting, Denver, CO, October, 2006; co-author and instructor, “Mediation in Right of Way Course” (8 hours), Allentown, PA, October, 2006; “Prosecuting & Defending Claims Against Broker Dealers”, Pennsylvania Bar Institute (PBI), Philadelphia, Harrisburg, Pittsburgh, PA, 2006 (one day course offered every two years); Workshop Leader for “Out of the Ashes: 9/11, a Model for Dispute Resolution”, ACR Delaware Valley Chapter, 2012; Panelist on “Everything You Wanted to Know about Becoming a Mediator”, Good Shepard Med Program, 2012; PLI (NY) Securities Arbitration Panelist, 2010-2017; ABA Spring Conference Panelist, 2010-2016; Member of Mediation Institute Faculty, 2010-2015; Arbitration Institute Faculty, 2014; Co-Chair, 2016-2017.
$500 Per Hour
English
United States of America

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.