Paul Mason

I help businesses resolve their disputes. As mediator, advocate, and party I have seen all facets. Mediated multi-party disputes up to U.S. $53 million, all successfully.

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Brazil, United States
English, Spanish, Portuguese, Russian
Mediation Profile

Current position: International Counsel,  Mediator and Arbitrator.  Mediations are primarily in the international commercial area.  Have also advised host government on mediation of investor-state claims.

As a Brazilian resident I am in Brazil frequently so am available to conduct mediations there.  My wife was and is the first mediator in Brazil.

Fluent in English, Portuguese and Spanish and can mediate in these languages. I also have intermediate skills in Russian language, an understanding of Russian culture and experience working with Russian parties in mediations and negotiations.

Background: Private practice and 15 years as in-house counsel as follows:

Of Counsel, Veirano Advogados, Rio de Janeiro/São Paulo/Brasília/Porto Alegre.

Director, Legal & Government Affairs/Latin America & Canada, 3Com, Santa Clara, CA, and Miami, FL, USA. Geographic responsibility also included Western Europe (UK, France, Netherlands, Spain) on selected large projects.

Legal Director/Latin America, Oracle, Redwood Shores, CA and Miami, FL, USA

Director, Legal & Government Affairs/Latin America/Caribbean and Senior Legal Adviser for Russia, Digital Equipment, Maynard, MA and Deerfield Beach, FL, USA.

Legal Adviser, Bank of Boston Law Dept., International Group, Boston, MA, USA

Attorney pro bono, Environmental Division, Massachusetts Attorney General's Office, Boston, MA, USA

More information at http://www.paulemason.info

2018: Mediated dispute between Brazilian multinational and Central American seller in the agribusiness sector (ICDR/Miami).

2018: Mediated dispute between Japanese, Taiwanese and U.S. companies in the personal care products distribution sector (ICDR/Los Angeles).

2017: Mediated settlement of dispute between Russian and British companies in the aviation sector (Florida courts/Miami).

2013 and 2014: Co-mediated several Brazilian domestic disputes in Portuguese with successful outcomes. 

2011: Mediated settlement of aircraft charter dispute between Costa Rican and U.S. companies (ICDR/NY).

2010: Mediated settlement of shipping dispute between Russian and U.S. companies. Mediation conducted in English with Russian and Ukrainian documents.

2009: Mediated settlement of multimillion dollar complex arbitration on business interruption reinsurance for loss of use of large electrical generators in Central America. We had 11 participants from six different companies and countries. Mediation conducted in Spanish and English (ICC/Paris).

2007: Mediated multimillion dollar post - M&A arbitration case on oil spill and tax liabilities between Brazilian mining company and large U.S. oil company. Partially settled with the remainder going to arbitration. Mediation conducted in Portuguese and English (ICDR/NY)

2006: Acted as counsel in mediation of Brazilian energy project financing dispute. Case settled by mediation using videoconferencing at my initiative as counsel. This was the first successful international commercial mediation conducted by videoconference, with sites in Brazil and the U.S. (ICDR/NY)

2005: Mediated multimillion dollar reinsurance case on bond for Argentine government contract between large U.S. and Argentine reinsurance companies. Settled successfully. Mediation conducted in English and Spanish. (U.S. Federal Court/Miami).

1988 - 1994: As in-house counsel, conducted numerous informal internal mediations in disputes between departments and groups of large multinational company in Latin America, Russia and U.S.

1983: Mediated settlement of U.S.$50 million case involving environmental liability for underground gasoline spill between eight large multinational oil companies and local community.

Flexibility is a key to successful mediation, listening to the parties' input and having them participate actively in the process. I use a combination of styles, depending on the situation.

Specialize in complex international commercial cases, several over U.S. $1 million, some with multiple parties. Sectors include agribusiness, aviation, energy (oil & gas, electrical, etc.), environmental, food, insurance & reinsurance, public bids, shipping, technology, travel. Parties from Argentina, Brazil, Costa Rica, Honduras, Germany, Japan, Nicaragua, Panama, Russian Federation, Taiwan, U.K., U.S.   Several mediations conducted bilingually in English, Portuguese and Spanish, with understanding of the cultural issues involved. Mediated international commercial cases for the ICC/Paris, ICDR/New York and U.S. Federal Court in Miami. Extensive experience with international commercial arbitration as well, primarily as arbitrator and occasionally as counsel. Arbitrated first international dispute in 1986 between Spanish and U.S. companies. Arbitrated or acted as counsel in arbitrations in these sectors: Aerospace, oil & gas, energy, project finance, medical technology, financial markets & investments, mergers & acquisitions, reinsurance, construction, product distribution (steel, sophisticated wood products etc.), telecommunications, information technology, internet, intellectual property, outsourcing, and sports marketing. Parties from Argentina, Australia, Brazil (numerous), Canada, China, Costa Rica, France, Germany, Honduras, India, Malaysia, Norway, Panama, Russia, Spain, the United Kingdom, the United States, and Venezuela. Arbitrations under the auspices of the ICC, LCIA, ICDR and WIPO/Geneva. This arbitration experience is helpful for mediation because many international commercial contracts have combined med-arb clauses whereby disputes not settled by mediation then go to binding arbitration. A mediator who understands how international arbitration works will be able to help guide the parties in mediation with a better understanding of their BATNA (best alternative to a negotiated agreement) via arbitration if they do not settle in mediation.

Quotation upon request

Founder and Co-Director, IMI-Brazil; Mediator, Singapore International Mediation Centre; Florence International Mediation Chamber (FIMC); AAA and ICDR Panels of Mediators; CPR/New York Panel of Distinguished Neutrals; ICC/Paris Mediator and Arbitrator; WIPO/Geneva General Intellectual Property Panel of Neutrals and Domain Name Panel; Mediator and Member of Mediation Commission, Brazil-Canada Chamber of Commerce/São Paulo, Brazil; Panelist, Beijing Arbitration Commission.

Member, Mixed Mode Dispute Resolution International Task Force, Pepperdine University - College of Commercial Arbitrators - IMI, 2016 - 2018.

References can be provided on request.

Training and Education

American Arbitration Association Mediator Training Course, Miami, 2003

Mediation and Negotiation Training in Post-Graduate ADR course for lawyers and judges, Faculty of Law, PUC University of Minas Gerais, Belo Horizonte, Brazil, 2001 and 2002 (in Portuguese)

Co-Professor, Intensive Workshop on Negotiation & Mediation for exchange students from Victoria University Law School, Melbourne - Australia.  Course given at FIU Law School, Miami, December 2017.

Expert Assessor for the ABA Southeast Regional Mediation Advocacy Competition, FIU Law School, Miami, February 2018.

Expert Assessor for the CPR International Mediation Competition, São Paulo, Brazil, June 2017.

Expert Assessor for the AMF Mediation Competition (in Portuguese), Rio Grande do Sul - Brazil, June 2017.

Expert Assessor for the IBA - IMI - VIAC International Mediation Competition, Vienna, July 2016.

Expert Assessor and Member of the Case Problem Committee, LexInfinitum International Mediation Competition, Goa, India, January 2017.

Co-coach, Milton Campos Law School (Belo Horizonte, Brazil) team for Brazilian National Mediation Competition, Porto Alegre, October 2016.

Co-Professor, intensive Negotiation/Mediation Workshops at Moscow Academy of Finance & Law and at the Federal University of St. Petersburg, Russia, April 2011.

Guest lecturer on “Combining Mediation and Arbitration (Medi – Arb) to Resolve International Commercial Disputes: Western vs. Chinese Perspectives and Experiences”, graduate law course on Latin American Commercial Arbitration, University of Miami Law School, Miami, Florida, USA, November 2008.

Mediation Training in English and Spanish for the Quito, Ecuador Chamber of Commerce’s Center for Conciliation and Arbitration, Miami, July 1996.

Presentation on "Videoconferencing for Arbitration and Mediation", Chartered Institute of Arbitrators DAS Convention, London, November 2017.

For other presentations, see www.paulemason.info

Publications

"The Brazilian Mediation Wave - Will It Rise?", Kluwer Mediation blog,
21 October 2016, at http://kluwermediationblog.com/2016/10/21/the-brazilian-mediation-wave-will-it-rise/

Panel speaker in Portuguese in respective presentations for the Milton Campos Law School and for the Brazilian Bar - Minas Gerais state section (OAB-MG) "Os Mecanismos de Mediação na Experiência de um Mediador Comercial Internacional" ("Mediation Mechanisms in the Experience of an International Commercial Mediator") - Belo Horizonte - MG, Brazil, August 2016. 

"Proposed UNCITRAL Convention on Mediated Settlements of International Commercial Disputes", co-authored with IMI Chair Deborah Masucci and Andrea Maia of the IBA, IBA Bulletin (expected 2016).

Panel speaker at UNCITRAL headquarters on the Proposed UNCITRAL Convention on Mediated Settlements of International Commercial Disputes, Vienna, 2016.

Coordinator, Roundtable on Multi-Party Mediation in the Energy Sector, 4th CPR Brazil Business Mediation Congress, Rio de Janeiro, 2016.

"Brazil's New Mediation Law and the Impact on International Business Disputes", co-authored with Brazilian lawyer and mediator Alexandre Simões, AAA Dispute Resolution Journal, Vol. 70, no. 4 (December 2015), pp. 13 - 19.

"The Law, Exposed", a translation and brief commentary on the new Brazilian Mediation Law, co-authored with Brazilian lawyer and mediator Alexandre Simões, part of Building a Mediation Structure in Brazil in the International ADR section of CPR's Alternatives journal, Vol. 33, No. 11, December 2015, pp. 163 - 170.

"Arbitration and Mediation of Brazilian M & A Disputes", Beijing Arbitration Commission column in the Disputes Digest section of the China Business Law Journal, Beijing, Vol. 6, issue 8, September 2015.

"Mediating Commercial Disputes between Global and Local Companies", New York State Bar Association Brazil Chapter, June 2015.

Panel speaker on "Choosing Arbitral Institutions, Arbitrators and Mediators for Disputes with the Brazilian Public Administration: a Perspective from Abroad" (in Portuguese), I Annual Conference on Arbitration and Mediation in the Brazilian Public Sector, Brasília (2015)

"Multi-dimensional Mediation", chapter in the book Contemporary Tendencies in Mediation, Humberto Dalla and Juliana Loss de Andrade, Co-Editors, Editorial Dykinson, Madrid, 2015.

Panel speaker, "Mediation in Business Sectors" (in Portuguese), II Brazilian Business Arbitration and Mediation Congress, São Paulo, (2015).

Opening speaker on "Combining Mediation and Arbitration to Resolve Business Disputes" (in Portuguese), 3rd Annual Santa Catarina (Brazil) Seminar on Mediation and Arbitration, Joinville-SC, Brazil, September 2013. 

Recommendations made to Brazilian Senate Commission at public hearing to draft proposed Law on Extra-Judicial Mediation (in Portuguese), Brasília, August 2013.

"Tecnología e Mediação - Mediação internacional por Videoconferência" ("Technology and Mediation - International Mediation by Videoconference"), CPR Brazil Business Mediation Congress, Rio de Janeiro, April 2013.

"Use of MED-ARB and ARB-MED in International Commercial Disputes", Rio de Janeiro Bar Association (OAB-RJ), April 2012.

"The Arbitrator as Mediator, and Mediator as Arbitrator". Journal of International Arbitration (The Hague), December 2011. Follow-on case note to be published in the April 2012 issue of the JOIA.

"O Mito de Mediação e Expertise" ("The Myth of Mediation and Subject-Matter Expertise"), in Portuguese, for the Brazilian Construction Law Institute (IBDiC), 2012.

“Multidimensional Mediation”, Alternatives Journal, International Institute for Conflict Prevention & Resolution (CPR/New York), February 2010. A shorter version focusing on International Mediation can be found on the CPR website’s International Practice column (November 24, 2009) at:
http://www.cpradr.org/tabid/45/articleType/ArticleView/articleId/547/Default.aspx

Contributing writer for themes on "Mediação e Tecnología na Era da Internet" and "Mediação Multi-Dimensional" for Maria de Nazareth Serpa's book "Teoria e Prática da Mediação de Conflitos" (2d Edition in preparation), Lumen Juris Legal Publishers, 
Rio de Janeiro. English version to be published by Kluwer Law in 2012.

Videoconferening in International Arbitration and Mediation Proceedings", Chapter 53 in the book INTERNATIONAL COMMERCIAL ARBITRATION PRACTICE: 21st CENTURY PERSPECTIVES
(Paul E. Mason and Horacio Grigera-Naón, Editors, Lexis-Nexis books/New York, October 2010)

“Videoconferencing for International Disputes”, Revista Brasileira de Arbitragem (The Brazilian Journal of Arbitration, published by the Brazilian Arbitration Committee/IOB Thomson), No. 11, July – September 2006 issue.

“Mediation Trends in Latin America” (with Burton Landy, Esq.), Hispanic Bar Association 21st Annual Convention, Miami, October 1996.

“U.N. Mediation: More Effective Options” (co-author), SAIS Review (Johns Hopkins University Foreign Policy Institute - School of Advanced International Studies, Washington, D.C.), Vol. 5, No. 2, 1985; Presentation to the Harvard Program on Negotiation, Cambridge, MA, 1984.

"Numerous publications (book, articles) on international mediation and arbitration by this author may be referenced at http://www.paulemason.info

Compliance

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Contact
Paul
Mason
Paul Eric Mason
+17864019085
+17866579909
International Counsel, Mediator and Arbitrator
Counsel, Mediator and Arbitrator
2655 Collins Avenue
Unit 1610
Miami Beach
Florida
33140
Brazil