Lynn Cole

Arabic, German, English, French
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Contact Details
001-813-223-7009
001-813-254-1918
301 West Platt Street
Suite 409
Tampa
Florida
33606
United States
United States - FL
Mediation Profile

Lynn H. Cole, Esq. is a dispute resolution professional with experience in all aspects of ADR, including mediation and arbitration and mediation system-design in three, developing Rule of Law countries. As a Harvard-trained and Florida-certified mediator, she also has served as a Special Master, an SEC receiver, a neutral evaluator, a Special Magistrate and settlement counsel. She has served internationally in Bulgaria, Jordan and Kosovo as an ADR and Mediation Specialist with USAID and teaches internationally.

In addition to traditional mediation, Ms. Cole offers online mediation in a secure and confidential virtual mediation environment at no additional charge to those who do not want to incur the increasingly high costs of travel to and from a mediation; want to avoid loss of business time traveling to and from a mediation; are sick injured or physically incapable of attending a mediation in person; wish to resolve international disputes quickly and efficiently; want to avoid the costs of bringing an expert, translator or other third party to a mediation; want to save attorney time and fees for other matters.

Lynn Cole has over 28 years' experience as a trial attorney, with 21 years in the legal areas of complex commercial litigation, labor and employment (private and public employment clients, both employers and employees), construction, contracts, antitrust, banking, products liability, utilities, securities, and whistleblower (state and federal). As an arbitrator, mediator, and counsel, has handled numerous matters involving anti-trust; contracts; labor and employment; banking; complex commercial, business; utilities, securities and partnership disputes. During her tenure as a civil trial attorney in federal and state courts, she was AV rated by her colleagues for Martindale Hubbard. Her civil practice clients extend from Fortune 500 clients to individuals.

Because of her trial practice focus in Labor and Employment, Ms. Cole is often asked to mediate cases by both employers and employees in private and federal sectors. Cases include subject matter experience in Civil Rights Act of 1991 (Title VII), 42 U.S.C. Section 1983 (including race, ethnicity, gender and retaliation claims); the Fair Labor Standards Act of 1938; Age Discrimination in Employment Act of 1967, 29 U.S.C. '621 (including retaliation claims); violation of the Florida Civil Rights Act of 1992; Florida Whistleblower's Act (private and public); and Federal False Claims Act, 31 U.S.C. '3729. She also has class action mediation experience in gender discrimination claims and in Worker Adjustment and Retraining Notification Act (WARN) cases.

Her mediation experience in complex commercial cases extends to industries including steel manufacturing, partnership, internet and intellectual properties, pharmaceutical, construction, utilities, and banking. Representative issues include breaches of contract of all types, intellectual property, securities, banking, fraud, partnership, and theft and embezzlement.

Experience in construction mediation includes disputes ranging from $83,000 to $4.3M.

Ms. Cole's mediation style is one of patience but tenacity. Because of her extensive federal and state experience and knowledge in evidence and civil procedure as a Special Master, Special Magistrate Judge and trial attorney, attorneys and clients often request that she proactively ask provocative questions about legal positions in order that the case be accuratley and honestly assessed.

Because of her history of involvment in Florida mediation since the early 1990s, serving as a founding member of the (now known as) Florida Dispute Resolution Center's Mediation Qualification Board, she is conscientious about conflicts of interest and fairness. As chair of the Civil Justice Reform Commission for the Middle District of Florida, her oversight extended to initiating the first comprehensive mediation program in one of the fastest growing federal district in the country; as a result of this experience, she is well versed in federal procedural, timing, multi-party and jurisdictional issues.

Ms. Cole's vast international experience ebues her mediation style with a keen sensitivity to and awareness of faith and cultural diversites.

Commercial and Court Mediation; Transformational Mediation; Community Mediation

Hourly Rate:
Ms. Cole’s hourly mediation rate depends upon the number of parties and the complexity of the matter.

Billable Time:
Time is charged for the period scheduled for conducting the mediation conferences with the parties. Ms. Cole charges for time reviewing any information you choose to provide to her prior to mediation. She find that summaries of respective positions of the parties in the case, including any pleadings each may wish to attach, are very helpful and usually expedite the process of mediation.

Travel Time:
Ms. Cole does not bill time for travel and expenses, unless airfare is required or if travel is over 100 miles. In those cases, airfare or mileage rates and expenses are charged, but not travel time.

Policy on Continuances and Cancellations:
Because of the nature of mediation work, Ms. Cole, like most other mediators, has a policy regarding continuances and cancellations. Once her office has committed to a date and time, much like busy trial attorneys who have an extremely difficult time arranging to provide that time for use by others, there is a cancellation policy if a cancellation occurs within two (2) weeks of the date and time set for mediation. If the mediation is canceled or continued two or less weeks prior to the time and date agreed, her cancellation policy requires that each party pay an equal share of the cancellation fee of three (3) hours at her normal hourly rate.

Her office does not charge for the cancellation if the parties reschedule mediation with Ms. Cole to a date within four (4) weeks after or before your previously scheduled date and time.

♦ Mediators Beyond Borders International, Founding Member; President (2011-present)
♦ United Nations Istanbul Conference on Mediation, Enhancing Peace Through Mediation,
Invited Attendee
♦ International Mediation Leadership Summit, The Hague (ABA/DR Section)–invited member, 2010
♦ Tampa Commission on Ethics, Appointed by Mayor, Chair 2011-12 (2004 – 2013)
♦ NADN ("National Academy of Distinguished Neutrals") (2010 - current)
♦ IMI (“International Mediation Institute”), Internationally Certified Mediator (2009 – current)
♦ CPR (“Int’l Institute for Conflict Prevention and Resolution”), Mediator and Arbitrator panels
♦ WIPO (“World Intellectual Property Organization”), located in The Hague, Invited Mediator
♦ AAA (“American Arbitration Association”), Mediator and Arbitrator Roster of Neutrals
♦ NAF (“National Arbitration Forum”) Mediator and Arbitrator Roster of Neutrals
♦ ICC (“International Chamber of Commerce”), listed as Arbitrator and Mediator
♦ FINRA (“Financial Industry Regulatory Authority”), arbitrator
♦ NAM (“National Arbitrators and Mediators”) Neutral Roster, Mediator and Arbitrator
♦ Resolute Systems, Inc., Panel of Neutrals, Arbitrator and Mediator
♦ Arbitral Judge, the Willem C. Vis International Commercial Arbitration Moot, Vienna-current
♦ Special Magistrate appointed by Circuit Civil Judges, 13th Judicial Circuit of Florida, in multi- party cases: 2007-2008 (contract case) ; 2011-2013, (Real Estate Case); 2012 (contract case)
♦ Special Master appointed by court in complex tax fraud case) (2000), real estate case 2012-current
♦ SEC Receiver ($20 Million Ponzi scheme), appointed by U.S. Federal Judge (1999 - 2005)
♦ Mediation Qualifications Board, Founding Member, App’ted by FL Supreme Court (1991-2002)
♦ Civil Justice Reform Act Advisory Commission, Chair, appointed by Chief Judge, M.D.FL,
(1997-98) (Recommended designed and inclusion of ADR system in M.D. Florida federal courts
♦ Master and Charter Member, American Inns of Court, Ferguson-White Inn (1987-present)
♦ Assn. of Conflict Resolution (“ACR”) International Board of Directors (2008-2012)
♦ Federal Bar Association, ADR Section, Chair, (2004 – 2007) 11th Circuit Vice President, Federal Bar Association (1990-2004;
♦ Florida Academy of Mediators (“FAPM”), Adm. Vice-President, (2006-2009)
♦ Florida Bar Association, International Section (member - current)
♦ Chair, 13th Judicial Nominations Commission, Appointed by Governor, (1996-1997)
♦ Testimony before U.S. Congressional Sub-Committee on Government Personnel recommending use of Mediation for Federal Employee discrimination matters (1998)
♦ Special Appointee by State House Committee to Hills. Co. Labor Relations Board (1995)
♦ Chair, Selection Committee for United States Magistrate, Appointed by Chief District Court Judge, M.D. Fla. (1991)
♦ Chair, Trial Lawyers’ Section, Hillsborough County Bar Association (1991-92)
♦ Chair, 13th Judicial Circuit Florida Bar Grievance Committee (1987-89)

Compliance

IMI Code of Professional Conduct; the American Arbitration Association Code of Conduct; FINRA Code of Conduct.

IMI Professional Conduct Assessment Process.
Dispute Resolution Center of Florida

Complete Equity Markets: $100,000.00 (each claim) - $300,000.00 (Aggregate)

Training and Education

♦ Harvard College of Law, Mediation Program of Instructions for Lawyers, Mediation Certificate, June 2002
♦ John Marshall Law School, Juris Doctor Degree, 1975; President, Student Bar Association
♦ University of Maryland, Graduate School, Courses towards Master’s Degree in Counseling
♦ University of Maryland, B.A. in Intellectual History

Ms. Cole earns over 16 credits of CME every two years as a Certified Mediator in the State of Florida.

Mediation Training:
♦ Introduction to Commercial Mediation, Turkish mediators, Istanbul, Turkey, Oct. 2012
♦ Fundamentals of Mediation, Trainer, Mediation Commissioners of Kosovo, July 2010
♦ Basic Mediation, Ohio State University, Moritz College of Law, Nov. 2009
♦ Advanced Commercial Mediation, Trainer, sponsored Serbian Assn of Mediators, Beograd, Serbia, March 2009
♦ Ethics for Mediators, Trainer, sponsored by US Embassy and Slovenia Assn’ of Mediators, Ljubljana, Slovenia, November, 2008
♦ Advanced Commercial Mediation, Trainer, sponsored by Croatian Association of Mediation, Zagreb, Croatia, October 2008
♦ Advanced Commercial Mediation Trainer, sponsored by BAARD of Bulgaria, March 2008
(16 credits for Bulgarian Mediators);
♦ Basic Commercial Mediation, Trainer, sponsored by ABA/CEELI, Belgrade, Serbia, October 2007 (6 credits for Continuing Legal Education) training judges and mediators;
♦ Advanced Commercial Mediation, Trainer, sponsored by Department of State, US Embassy, Ljubljana, Slovenia, October 2007 training judges and mediators (15 credits for 25 Slovenian Certified Mediators);
♦ Basic Mediation Training, Trainer, sponsored by USAID/NCSC, Prishtina, Kovoso, March 2007 (Contributor to and oversight of design and content for mediation Pilot program training for 10 Kosovar and Serbian mediators and judges);
♦ Basic Mediation Training for Arabic Women, sponsored by ABA MENA Program, Amman Jordan, May – June 2006 (two one-week certified training programs for 15-20 participants each);
♦ Judicial Mediation Training for Jordanian Judges, designed, implemented and conducted seminars on judicial ethics in mediation, the scope of judicial mediation, and establishing mediation programs as extensions of the Pilot Mediation Program in Amman, Jordan, Tampa, FL, July 2006;
♦ Ethics for Judicial Mediators, sponsored by ABA CEELI Program, Certified Training for Judicial Mediators, Amman, Jordan, May 2006;
♦ Imbalance of Power in Mediations, sponsored by ABA CEELI Program, Sofia, Bulgaria, May 2005;
♦ Advanced Mediation Training, sponsored by ABA CEELI Program, Advanced Certified Training for Mediators, Plovdiv Bulgaria, May, 2005

♦ What’s Going on Globally in Mediation. Speaker, Annual Country Meeting ADR Centers Canada, May, 2013
♦ International Mediation, Fla. Bar, International Committee, online seminar, April 2013
♦ International Mediation, Around the World in 80 Ways, Annual Conference, Dispute Resolution Center of Florida, August 2012
♦ Can Mediation Take Root in the Middle East? ABC Dispute Resolution on Mediation, Apr. 2012
♦ The Role of Member States in Mediation, before United Nations General Assembly, Apr. 2012
♦ Mediation in the Middle East, Presentation to UN Attendees, April 2012
♦ International Mediation , University of Florida, November 2011
♦ Why Youth Become Mediation Professionals – the World Needs You , Eastern Mediterranean, University, Cypress, Sept. 2011
♦ Mediation’s Importance to Turkey’s Growth – Presentation to Kaysieri Chamber of Commerce, Kaysieri, Turkey, September 2011
♦ ABA International World Justice Forum, –Multiple Modelings of Mediation Usage in Designed, Prototypical Human Rights Programs (3 days), Barcelona, Spain June, 2011
♦ Presentation on Basics of Mediation to Turkish American Chamber of Commerce, September 2011
♦ Core Principles of Confidentiality and Related Ethical Issues SEEMF (South Eastern Mediation Forum) Conference in Lyubyana, Slovenia, September 2011
♦ Generational Roles in Mediation, Nova University, Ft. Lauderdale, Fl. Feb. 2011
♦ How to Doom a Mediation, ABA, Litigation Section Annual Conference, Feb. 2011
♦ Working for a More Peace-able World-Do No Harm, ACR Annual Conference, Sept. 2010
♦ ADR in Forbidden Places: Tourism & Trade, Florida Bar International Section, Sept. 2010
♦ View from the End of the Table - A Discussion on Mediation (President's Showcase), Fl. Bar - International Section, May 2010
♦ Ethics for Mediators, Hillsborough County Bar Association, April, 2010
♦ Mediators Beyond Borders and the Rule of Law: Peacebuilding in International Communities, ABA-DR, 12th Annual Conference, April 2010
♦ Arbitration v Mediation: Use of Mediation Techniques in Arbitration, Belgrade, Serbia March 2010
♦ Practical Aspects, Mediator Ethics, Hillsborough County Bar Assn’, February 2010
♦ Mediation in Kosovo – Maximizing the Potential, Panel presenter, participant, Pristina, Kosovo, Dec. 2010.
♦ Expanding Access to Justice Globally Through Court-Related Mediation, Dispute Resolution Center of Florida, Annual Conference, August 2009
♦ Court Based Mediation: Expanding Access to Justice in Developing Societies, 11th Annual ABA/DR Section Conference, Speaker and Participant, April 2009
♦ SEEMF, 4th Annual Southeastern Europe Mediation Forum, Speaker and Participant, Nov. 2008
♦ Basic Mediation Overview, Trainer and Speaker, University of Florida (54 Students), Oct. 2008
♦ Mediating Abroad, Making the Paradigm Shift, Assn of Conflict Resolution (“ACR”), Annual Conference, Sept. 2008
♦ Mediation Gone Global – Some Precepts for Mediating Abroad, Dispute Resolution Center of Florida, Annual Conference, August 2008
♦ E-Mediation, The New Horizon of Mediation, Mid-Year Seminar of Florida Academy of Professional Mediators, organiser and moderator
♦ Mediation: Enhancing Access to Justice in Developing Nations’ Judiciaries, Association for Conflict Resolution, Annual Conference, Phoenix, October 2007;
♦ Challenges of Establishing Court Mediation Programs Abroad; 16th Annual Dispute Resolution Conference of Florida, August 2007;
♦ Mediation-Cultivating the Rule of Law, Annual Conference of the ABA, DR Section, April 2007;
♦ Global Alternative Dispute Resolution, An Overview, Federal Bar Association Annual Meeting, August 2006 (organizer and moderator);
♦ Challenges and Lessons Learned in Establishing Court Mediation Programs Abroad, Chatham College, Speaker’s Program, Mesites Foundation, January 2007;
♦ Mediation, Meeting Global Challenges, Tampa Bay Chapter of the United Nations, February 2007;
♦ Challenges of Establishing Court Mediation Programs Abroad – Bulgaria and Jordan, Columbus Bar Association of Attorneys, Columbus Ohio, November 2006;
♦ Rule of Law –Global Efforts, Rotary Club of Tampa Bay, November 2005;
♦ ADR, Expanding to Shrink the World, 14th Annual Dispute Resolution Conference of Florida,
August 2005;
♦ Basic Commercial Litigation: Selected Issues on Ethics and Professionalism in Litigation, Florida Bar Continuing Legal Education Seminar, March 1994;
♦ Representing the Public/Private Owner, 17th Annual Construction Contract Litigation Seminar,
Florida Bar CLE Seminar, May 1993;

Publications

♦ Jordan Leads the Arab Middle East in Mediation, ACR Int’l Section Newsletter, Jan/Feb 2008
♦ Mediators Without Borders, The Caucus, Florida Academy of Professional Mediators, Vol. 18, March 2007;
♦ A Journey in Mediation – The Bulgarian Path, The Federal Lawyer, Volume 53. No. 7, August 2006;
♦ Mediation in the Middle East, Part 1, The Lawyer, Vol. 16, September 2006;
♦ Mediation in the Middle East, Part 2, The Lawyer, Vol. 17, October 2006;
♦ Musings of a Mediator Gone Global, Part 1, Vol. 16, October 2005;
♦ Musings of a Mediator Gone Global, Part 2, Vol. 17, No. 3, November 2005;
♦ Mediation-Coming into Your Community, The Lawyer, Vol. 15, No. 5, February 2005;
GUEST SPEAKER and LECTURER
♦ Court Based Mediation: Expanding Access to Justice in Developing Societies, 11th Annual ABA/DR Section Conference, Speaker and Participant, April 2009
♦ SEEMF, 4th Annual Southeastern Europe Mediation Forum, Speaker and Participant, Nov. 2008
♦ Basic Mediation Overview, Trainer and Speaker, University of Florida (54 Students), Oct. 2008
♦ Mediating Abroad, Making the Paradigm Shift, Assn of Conflict Resolution (“ACR”), Annual
Conference, Sept. 2008
♦ Mediation Gone Global – Some Precepts for Mediating Abroad, Dispute Resolution Center of Florida, Annual Conference, August 2008
♦ E-Mediation, The New Horizon of Mediation, Mid-Year Seminar of Florida Academy of
Professional Mediators, organizer and moderator
♦ Mediation: Enhancing Access to Justice in Developing Nations’ Judiciaries, Association for Conflict Resolution, Annual Conference, Phoenix, October 2007;
♦ Challenges of Establishing Court Mediation Programs Abroad; 16th Annual Dispute Resolution Conference of Florida, August 2007;
♦ Mediation-Cultivating the Rule of Law, Annual Conference of the ABA, DR Section, April 2007;
♦ What’s Driving the Global Growth of Mediation in Business and Commerce, International Journal of the Florida Bar, June, 2012
♦ Use of ADR in Restricted Countries, Florida Bar, International Section, Sept. 2010