Philip Cottone

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United States - PA
English
Mediation Profile

Mr. Cottone is a dispute resolution professional and his main areas of expertise over more than a forty-five year career include real estate, construction, securities, and business management.

He is a lawyer by background and has extensive experience in all aspects of real estate and right of way, including property acquisition, sale, management, financing, and development of residential, commercial and hotel properties. He has real estate experience as a principal, as a senior executive in government and in the private sector, and as a director of both public and private companies.

In securities, he has been founding principal of a broker dealer; raised capital as a principal and as a consultant; and has broad experience in the disciplinary side of the business, working with the NASD (now FINRA) as Chair of the Philadelphia District Committee, and then as Vice Chair of the National Board of Governors and Chair of the National Business Conduct Committee. He taught Real Estate Securities for ten years as an Adjunct on the faculty of the Real estate Institute of New York University.

In dispute resolution he is a member of the American Arbitration Association (AAA), Financial Industry Regulatory Authority (FINRA) and The Counselors of Real Estate (CRE) arbitration and mediation panels, and an educator and trainer and lecturer. His substantive expertise in real estate, construction and securities informs his dispute resolution work in those fields.

In business, he has diversified experience in government; as a senior executive in a world-wide public company; as founding Chairman and CEO of his own national real estate investment, development, and syndication company; as a director of two public company REIT’s, one based in Omaha and listed on the NYSE, and the other based in Boston. He is a director of a private, Colorado based, 3 D CAD software venture company, as well as a Philadelphia based contractor.

Mr. Cottone has been mediating since the SEC v Prudential work in the early nineties, and is qualified to handle cases for FINRA (formerly he mediated for the both the NASD and NYSE), the AAA (real estate, commercial and construction panels), the US Bankruptcy Court, Southern District of NY, and CRE. He 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. To date he has mediated over 275 cases, and has a settlement rate of 92.5%.

In the mid-nineties Mr. Cottone was Chair of the Sub-committee of the NASD National Arbitration Committee that developed the mediation rules and procedures for the securities industry. He then became Chair of the parent committee for three years, the re-named National Arbitration and Mediation Committee, when the NASD rolled out a securities mediation program nationally. He was among the early mediators approved to practice by the NASD, and spoke around the country at numerous seminars talking about the benefits of mediation, and recruiting prospective mediators from among the arbitration panelists. He was also one of the representatives of the NASD that attended SICA (Securities Industry Conference on Arbitration) meetings to introduce the mediation program to the other self-regulatory organizations in the United States.

In the late nineties he co-authored and began teaching the one day course, Mediation in Right of Way, for the International Right of Way Association. In 2003 -2005 he was the speaker on mediation for the Pennsylvania Bar Institute full day course, Prosecuting & Defending Claims Against Broker Dealers, given in Philadelphia, Harrisburg and Pittsburgh (the course was dropped in 2005 with the decrease in securities arbitration).

In 2005 he chaired a CRE ADR Task Force, and then the standing ADR Committee (2006-2008), that created and now administers a national ADR program in real estate. He was principal editor of the CRE ADR Rules and Procedures, and is a trainer for CRE arbitrators and mediators. He has also served as a trainer for mediation students of the New Jersey Association of Professional Mediators (NJAPM), and has been a panelist on mediation for the Practicing Law Institute (PLI - NY) full day course on Arbitration.

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 accomplished best depends upon the circumstances, the relationship and history between and among the parties and counsel, and the personality and style of the mediator. For example, though joint opening sessions as a general rule 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 escalating the dispute. 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 that conceived by and argued for 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 facilitative 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.
Mr. Cottone's main mediation practice areas are real estate, construction, securities and general commercial work. In the real estate and construction areas he is on neutral panels for the American Arbitration Assoication (AAA) and The Counselors of Real Estate (CRE). In securities he is on the neutral panel of the Financial Industry regulatory Authority (FINRA), and previously was on the panels of the National Association of Secutieies Dealers (NASD) and the New York Stock Exchange (NYSE) before they were merged into FINRA. He is also an authorized mediator for the U.S Bankrupcy Court, Southern District of New York and is on the general commercial panel of AAA. See Mediation Experience details below.

Mr. Cottone is a Director and co-program chair of the Delaware Valley chapter of the Association for Conflict Resolution; a member of the Pennsylvania Council of Mediators; a member of the New Jersey Association for Professional Mediators; and a member of the Dispute Resolution Section of the American Bar Association where he serves on a DR Council Special Budget Committee and on a Section Officers Conference Reserves Working Group.

Training and Education
Publications

He has published the following: Thoughts on Managing a Multi-Party Mediation, The NASD Neutral Corner, October 2004 Issue; Top Ten Specious Reasons Why Lawyers Won’t Mediate, PIABA (Plaintiff Investors Arbitration Bar Association) Bar Journal, Fall, 2004 Issue, and the PBI (PA) Course Text (2005); Mediation Chapter author for the PBI Course book, 2003 – 2005); Hearts and Minds Will Follow: An Essay on Mediation, PLI (NY) Course Textbook (2007); A Case Study: Med-Arb Worked in U.S. for Real Estate Partnership Claims, New York Dispute Resolution Lawyer, NYSBA, Spring 2009 Issue.

Compliance

AAA/ABA/ACR Model Standards of Conduct for Mediators

IMI Professional Conduct Assessment Process

ACR Professional Liability Program: limits are $1 million/ $1 million

Contact
Philip
Cottone
Philip Cottone
215-732-5260
215-732-5002
American Arbitration Association
230 So. Broad St., 12th floor
Philadelphia
PA
19102
United States