RICHARD DeWITT

GENERAL OVERVIEW

Professional History: Principal, Resolve Disputes (a service of DeWitt Law) Coral Gables (Miami), Florida –1999 – present; Chief Executive Officer (Founder), Quest Group International, Inc. (Quest Telecom) Atlanta, Georgia -1991-1999; Partner, Cohen, Berke, Bernstein, Brodie & Kondel, P.A. Miami, Florida -1987–1993; Executive Vice President & General Counsel, Tele-America Communications Corp. Atlanta, Georgia - 1987–1991; Attorney (Profit Sharing), Squire, Sanders & Dempsey Miami, Florida 1982 – 1987; Attorney, Shutts & Bowen - Miami, Florida - 1979-1982.

Legal / Business Experience: Over 25 years experience in law and dispute resolution, including experience as a business and technology attorney and business executive.

• BUSINESS: Experience in corporate, commercial, and real estate matters; complex transactions including, mergers and acquisitions, contracts, commercial leases, retail and wholesale distribution; supply and product development and marketing agreements; securities and investment advisor issues; workouts, liquidations and divestitures; shareholder agreements and disputes, joint ventures, strategic relationships and receiverships including banks and other financial institutions.
• TECHNOLOGY: CEO of high-growth Technology Company and national leader in the telecommunications industry. Experience in technology and software development and licensing agreements; carrier, long distance (including VoIP) and billing/collection arrangements; network services, gateway agreements; operator and customer services and equipment purchases; web site development agreements and Internet law. Experience also includes wireless services, SMS messaging, prepaid phone cards, prepaid services and public and prison payphone systems. Represented both competitive and regulated carriers, LEC’s and BOC’s.
• EMPLOYMENT: Experienced in 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 transborder agreements and disputes. Representation of European and Latin American companies doing business in the US and internationally. Business experience managing multinational operations. Serve as international arbitrator and mediator in large, complex cases.

Mediation Experience: He serves as a mediator in commercial, business, real estate, technology and employment related disputes, including large complex cases involving national and international parties and complicated multi party disputes. Cases he has mediated also include complex multi-million dollar commercial, Real Estate and international disputes regarding contract, construction, Trade-mark and warranty claims and civil disputes including personal injury and insurance claims. Mr. DeWitt has unique experience in resolving disputes involving the sale of businesses, technology and telecommunications issues and emerging technologies.

Representative mediations include:

• Multi-million dollar international multi party dispute involving major multi-national chemical company over 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

Arbitration Experience: Arbitrator (sole arbitrator, panelist and chairperson) in commercial, technology and employment related disputes including large complex cases involving national and international parties and complicated multi party disputes. Experience and/or training in both domestic and international arbitration laws and procedures, including AAA, ICDR, UNCITRAL, ICSID, ICC and LCIA rules and procedures. Serve as a Florida Bar Association fee grievance arbitrator.

Mediation and Arbitration Training:

• Advanced Commercial Mediation Institute – Philadelphia – 10/06
• International Academy of Mediators – Summer Conference “Dialogue at Harvard, 4/06
• International Academy of Mediators – Fall Conference “ Perspectives at Dana Point, 11/05
• Association for Conflict Resolution – Annual Conference – Minneapolis – 10/05
• International Academy of Mediators – Summer Conference, Montréal Montage 5/05
• International Center For Dispute Resolution (ICDR), 3ed Annual International Arbitration Conference, Coral Gables, 01/05
• Florida Bar, International Section And Inter-American Bar Association, International Arbitration Conference, Miami, 02/04
• AAA Neutrals Conference, Atlanta, 10/04;
• AAA Dealing with Delay Tactics of Parties and Advocates, Atlanta, 10/04;
• AAA Neutrals Conference, San Antonio, 3/04;
• AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards, San Antonio, 3/04;
• ICDR International Arbitrator II Training, Miami, 1/04;
• AAA Arbitrator Update 2003, Miami, 12/03;
• ACR/FMCS/NAA Arbitrator Training, Orlando, 10/03;
• AAA Arbitrator Update Training, Miami, 12/03;
• AAA Commercial Arbitrator II Training, Miami, 10/02;
• AAA Advanced Mediator Training for Court Based Programs, 2002
• Florida Bar Association Grievance Mediation Training Program, 8/02;
• Florida Supreme Court Arbitration Training Program, 8/02;
• AAA Arbitrator I Training-Fundamentals of the Arbitration, Boston, 5/02;
• Florida International University/Mediation Services, Inc., Circuit Civil Mediation Training, Miami, 9/01

Professional Licenses & Certifications:

• Admitted to the Florida Bar;
• Florida Supreme Court Certified Circuit Civil and County Court Mediator, 2002.
• Florida Supreme Court Certificated Arbitrator, 2002;

Education:

• Oxford University - Balliol College, The Chartered Institute of Arbitrators Diploma in International Commercial Arbitration Course –9/04
• Golden Gate Law School, ABA National Arbitration Institute, 05/04;
• University of Miami, School of Law - Jurist Doctor (cum laude) 05/79;
•  Florida International University - Bachelor of Arts 06/75.

Professional Activities

• Fellow – International Academy of Mediators
• Chairman Commercial Section - Association for Conflict Resolution – Washington, D. C.
• Founding Chairman – Advanced Commercial Mediation Institute (ACMI)
• Founding Board Member – Mediators Without Borders
• Florida Academy of Professional Mediators
• American Bar Association (Dispute Resolution & International Sections)
•  Florida Bar (International Section/ Litigation & Dispute Resolution Committee)
• Dade County Bar Association
• Coral Gables Bar Association (Board of Directors)

Business and Civic Activities:

• Chairman, City of Coral Gables – Economic Development Board – Coral Gables, Florida.
• Board Member, City of Coral Gables - Utility Services Reliability Taskforce Coral Gables , Florida
• Rotary Club of Coral Gables - 2003-2006
• Chairman, American Public Communications Council (APCC) – Washington, D.C. - 1991 – 1993. Mr. DeWitt was a national leader in the competitive telecommunications industry as it emerged from deregulation and helped chart its future development. The APCC is the national trade association for the competitive public communications industry. During his term as Chairman, the association introduced and was instrumental in passage by US Congress of legislation that resulted in the implementation of dial-around compensation for public telephone companies.
• Board of Directors, North American Telecommunications Association (NATA) - Washington, D.C. - 1992-1993. NATA was one of the major, national trade associations in the telecom industry.
• Chairman, Prepaid Communications Association (PCA). – Washington, D.C. - 1994 – 1995.
• Board of Directors, International Telecard Association (ITA). The PCA was the national trade association for prepaid telecommunications providers. The PCA joined with the American Telecard Association to create the ITA 1995 - 1998.

Selected Publications and Speaking Engagements:

• Speaker / Moderator - Advanced Commercial Mediation Institute – Philadelphia – 10/06
•  Speaker, AAA–Arbitrator Round Table, “Nonsignatories in Arbitration” Coral Gables 2006;
• Co-Author, “No Pay No Play: How to Solve the Non-Paying Party Problem in Arbitration,” Dispute Resolution Journal, February - April 2005;
• Speaker, Association For Conflict Resolution, Commercial Section Teleconference – Mediator Training – “Current Issues in Arbitration” – June - 2005
•  Speaker, Coral Gables Bar Association, “Recent Developments in Arbitration” Coral Gables 2005;
•  Speaker, AAA–Arbitrator Round Table, “No Pay – No Play – A Solution to the Non Paying Party Problem” Miami 2004;
•  Speaker, AAA–CLE Program, “International Arbitration” Miami 2004;
• Speaker, AAA–CLE Program, “Drafting Effective Arbitration Clauses” Miami 2004
• Moderator, Organization of American States (OAS) – summit debriefing of the Monterrey Summit of the Americas for Heads of State and the Democratic Governance Issues of the Haiti Crisis, Coral Gables 2004;
• Speaker, AAA–CLE Program, “Arbitration Advocacy Workshop” 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 - Impact Council, Coral Gables, 2002;
•  Speaker, "Application of State Escheat Laws to Prepaid Phone Cards," Intelecard Conference, Houston, 1997;
• Annual Contributor, "Industry Trends," INTELECARD NEWS, December 1995-97;
• Speaker, "Developing Telecom Infrastructures," IBC Seminars, Hong Kong, 1995;
• Speaker, "Developing Telecom Infrastructures," IBC Seminars, New York, 1994;
• Author, "Industry Developments in Public Communications," PROSPECTIVES ON PUBLIC COMMUNICATIONS, monthly article, 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.