ADR (ALTERNATIVE DISPUTE RESOLUTION)
MEDIATOR AND ARBITRATOR SERVICES
KENNETH L. ("KEN") MANN
(ALTERNATIVE DISPUTE RESOLUTION)
MEDIATOR & ARBITRATOR SERVICES
AV®-rated over 25 years by Martindale-Hubbell
ADR, Trial Court & Appellate Litigation, Transactional, and Governmental Experience Includes:
* Commercial Transactions--Shareholders & Partners--Franchise Disputes--Consumer Law
* Alleged Business Torts and Statutory Torts, e.g., Securities, Real Estate and Other Fraud, Defamation, Tortious Interference, Lender Liability, FDCPA, Employment Contracts, Retaliatory Discharge, ADEA, etc.
* Bankruptcy--Fraudulent Transfers, Discharge/Dischargeability, Workouts, etc.
* Real Estate Disputes re Purchases/Sales/Leases, Financing, Receiverships, Eminent Domain, Valuation, etc.
* Accountings and ESI Discovery Issues
* Probate, Trust, Guardianship, Tax, and Regulated Rates Disputes
* Civil RICO Seizure, Forfeiture, Injunction, and Damages Issues
* Legal and Administrative Services As Former Court Counsel to Presiding Judge, Several Department Presiding Judges, Administrators, etc., somewhat akin to In-House Counsel for Large Corporations).
More Than Fifteen Published Decisions (See Representative Reported Cases Below).
Arbitrator, American Arbitration Association (Large, Complex Commercial Case Panel), and
FINRA (fka NASD) Arbitration Panel, Including Securities Industry Employment Disputes.
Selected to Arbitrate 75 ± Complex Cases, e.g.:
* Chaired 5 Public, Binding, Statewide Insurance Rate Arbitrations b/t Insurors & Fla. Dept. of Ins.
* Alleged Business, Real Esate and Securities Fraud, Tortious Interference, and Other
* Franchise/License Disputes between Franchisors/Licensors and Franchisees/Licensees
* Shareholder/Partner/LLC Buy-Sell Agreement Disputes re Valuations, Accountings, etc.
* Real Estate and Business Sale, Leasing, Financing, and Lender Liability Controversies
* Requirements Contracts
* Executive Employment Contracts
* First-party Insurance Policy Disputes re Exclusions, Coverage, etc.
* Many Arbitrations Included ESI and Other Discovery Disputes
* Specific Performance, TRO and Injunctive Relief Issues
*Various Complex Securities Investment Disputes, Dealer v. Dealer , etc.
Certified (Florida) Trial And Appellate Mediator; Member of American Arbitration
Association's Commercial Mediation Panel; Member of FINRA's Mediation Panel for
Securities Industry Disputes, Including Employment Disputes; et al.
Selected to Mediate 75 ± Sophisticated Financial Disputes, e.g.:
* Alleged Fraud, Breach of Fiduciary Duty, Churning, and Other Business and Securities Torts
* Consumer Class Action (appellate mediation)
* Ad Valorem Taxes (appellate mediation)
* Real Estate Contracts, Zoning, Eminent Domain, etc.
* Bankruptcy Disputes between: Trustee and Creditors; Creditors & Debtor's Insurors, etc.
* Disputes between or Among Beneficiaries and Fiduciaries in Large Estates and Trusts
* Commercial Mortgage Fraud Multi-party Mediation
Public Service Settlement Officer/Mediator, Arbitrator. and Quasi-Judicial Roles
* Volunteer Arbitrator, State Bar of Arizona Fee Arbitration Committee
* Volunteer Settlement Officer and Attorney, Arizona Supreme Court Attorney Discipline Panel
Former Special Counsel (Litigation) For Bankruptcy Trustee.
Prior Transactional Practice And Workout Experience.
Former CPA (Prior to Law School): Price Waterhouse Audit Division (4 Years).
* Audit Senior on Mortgage and Equity-Based REIT's and Securities Broker-Dealer.
* Consulting/Testifying - On Legal Ethics, Legal Malpractice, And Fee Disputes.
* J.D., magna cum laude, Mercer University, Macon, GA, 1973 -- Valedictorian; Editor-in-
Chief, Mercer Law Review (1972 - 1973); Intra-State Moot Court Champion Team (1972).
* B.S. in Business Administration, University of North Carolina, Chapel Hill, NC, 1966 --
Order of the Old Well (honorary society).
* Member, Florida Bar (1973) (Speaker at Fla. 4th DCA Swearing-In Ceremony) and Arizona Bar (2005).
* Admitted to practice before: U.S. Supreme Court; U.S. Court of Appeals, 2nd, 9th and 11th
Circuits; 9th Circuit Bankruptcy Appellate Panel; U.S. District Courts, District of Arizona and
Middle District of Florida; U.S. Tax Court; U.S. Court of Federal Claims.
* Certified Mediator (Fla. Civil Trials and Appeals); Member of ADR Panels, Bankr. D.
Ariz. (Phoenix Division); Former Mediation and Arbitration Panel Member, M.D. Fla. (Orlando
Division); Former Mediation Panel Member, Bankr. M.D. Fla.(Orlando Division).
* Former CPA (Florida and North Carolina).
REPRESENTATIVE REPORTED CASES
* Patton v. Kera Technology, Inc ., 895 So.2d 1175 (Fla. 5th DCA 2005), rev. granted, 912 So.2d 318 (Fla. 2005)
* Campellone v. Cragan , 910 So.2d 363 (Fla. 5th DCA 2005)
* Magnolia Manor, Inc. v. Siegel , 866 So.2d 142 (Fla. 5th DCA 2004)
* In re Inman, 260 B.R. 233 (Bankr. M.D. Fla. 2000)
* Florida Dept. of Revenue v. Race , 743 So.2d 169 (Fla. 5th DCA 1999)
* Bryan v. Clayton , 698 So.2d 1236 (Fla. 5th DCA 1997), rev. denied, 707 So.2d 1123 (Fla. 1998), cert. denied, 524 U.S. 933 (1998), after remand, 753 So.2d 632 (Fla. 5th DCA 2000)
* Peck v. Delta Fire Sprinkler, Inc ., 675 So.2d 711 (Fla. 5th DCA 1996)
* C&W Leasing, Inc. v. Orix Credit Alliance, Inc ., 957 F.2d 815 (11th Cir. 1992)
* In re Siefert, 130 B.R. 607 (Bankr. M.D. Fla. 1991)
* In re Walsh , 123 B.R. 925 (Bankr. M.D. Fla. 1991)
* Barden v. Pappas, 532 So.2d 707 (Fla. 5th DCA 1988), after remand, 565 So.2d 755 (Fla. 5th DCA 1990)
* Jones v. Orlando Second Car Center, 30 Fla. Supp.2d 105 (Fla. 9th Cir. 1988)
* Winterbotham v. Computer Corps, Inc., 490 So.2d 1282 (Fla. 5th DCA 1986)
* Holland v. Hattaway, 438 So.2d 456 (Fla. 5th DCA 1983)
* Zirot v. Gilmer, 336 So.2d 680 (Fla. 4th DCA 1976)
* "Mediation and CPAs," 27 AzCPA 13 (July/Aug. 2011.
* "ADR is Useful in Handling Wills & Trusts," Dispute Resolution Times, American Arbitration Association (Summer 1997).
* "Creditor's Attorney Chokes on Heintz Schtick Maneuver," XIX Actionline, Florida Bar Real Property, Probate & Trust Law Section (September - October 1995).
* "The Attractive Nuisance in Georgia, A Plea for Its Reincarnation,” 23 Mercer Law Review 431 (1972).
Outlines and other Materials for CLE and Other Presentations Described Below.
* Presenter at over 25 CLE Seminars and Other Programs for: Arizona Bar Real Property
Section (Mediation of Troubled Commercial Mortgage Loans), Various Sections of Florida Bar
and Orange County (FL) Bar, Marion County and Seminole County (FL) Inns of Court,
annual conventions of Attorneys Title Insurance Fund, University of Miami Annual Real
Estate Symposium, Central Florida Tax Roundtable, Florida Institute of CPAs, Lawyers Title
Insurance Corporation, various civic groups, and public television.
Topics included mediation and arbitration; real estate fraud; title insurance litigation issues;
bankruptcy litigation (discharge and dischargeability issues); consumer law; ethics and
professionalism; legal malpractice; major probate, tax, and business legislation; estate
planning; will drafting; tax issues in divorce, etc.
PRIMARY PROFESSIONAL SERVICE ACTIVITIES
Volunteer Attorney, Arizona Supreme Court Attorney Discipline Panel and
Settlement Officer 2011 -Present
Arizona Bar Fee Arbitration Committee and Arbitrator 2007 - Present
American Arbitration Association, Large Complex Commercial Case Arbitration and Mediation Panels 1996 - Present
FINRA Arbitration and Mediation Panels, Including Employment Disputes 2010 --Present
Member, Bankruptcy Court, Phoenix Division, Compensated and
Uncompensated ADR Panels 2010 -- Present
Volunteer Mediator, ABA Law Student Representation in Mediation Competition Regionals 2010
Arizona Attorney General’s Office Ethics Committee 2009 -- 2010
Florida Bar Professional Ethics Committee (Chairman, 1996 - 1997) 1993 -- 2005
Florida Bar Special Committee on Unbundled Legal Services 2003 -- 2005
Barry University of Orlando School of Law, Adjunct Faculty (Professional Responsibility) Fall 2000
Florida Bar 9th Circuit Grievance Committee D (Chairman, 1996 - 1997) 1994 -- 1997
Florida Bar Standing UPL Committee (Vice Chairman, 1986 - 1988) 1981 -- 1988
Florida Bar Clients Security Fund Committee 1983 -- 1986
Orange County Bar Association Law Week Committee (Chairman) 1985 --1986
PRIMARY COMMUNITY SERVICE ACTIVITIES
Director, Scottsdale Bar Association 2011
Director, Homeowners' Association (President, 2011) 2011-Present
Director, Seminole Community College (nka Seminole State College) Foundation 1998 -- 2005
Rotary, Seminole County South (Director, 1994-1997) (Paul Harris Fellow Award) 1977--2002
Member, City of Maitland Franchise Review Committee 1995 -- 2000
Director, Holocaust Memorial Resource & Education Center of Central Florida 1982 -- 1994
Orange County Bar Association Teen Court -- Advisor and Judge 1995 & 2000
Mediator, Orange County Bar Ass'n. Citizen Dispute Settlement Program 1978 --1996
Orange County Bar Ass'n. Legal Aid Society Homeless Advocacy Project 1992 - 1993
Orange County Public Schools, Business Advisory Board 1994-- 1996
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