Auto and Retail Franchise Mediation
MWI’s panel of professional neutrals have extensive experience mediating auto and retail franchise disputes involving long-term contractual relationships. MWI administers all aspects of the services including intake, convening, logistics and follow-up, and MWI’s case managers assist franchisees and franchisors to prepare for the mediation process to ensure that both parties’ business interests and future working relationship considered.
Since 2004, MWI has held a number of exclusive automotive contracts with a variety of auto manufacturers including General Motors, BMW of North America and Rolls Royce to resolve a variety of issues including add-point, audits, encroachment, exports, incentives, sale for resale, terminations, and warranty.
Sample Mediators (click photo for bio)
Mediating Workplace and Franchise Matters | Outsourced Ombuds | Mediation & Negotiation Trainer
Phone: 617-895-4026 | Email: cdoran@mwi.org
Dispute Resolution Experience
Chuck Doran is an experienced mediator and outsourced ombuds specializing in the resolution of employment, franchise, and other commercial disputes. A mediator since 1992, he is a member of the CPR Dispute Resolution Panel of Distinguished Neutrals and the National Academy of Distinguished Neutrals. Chuck has provided mediation and other ADR services to a variety of clients including AT&T, Bose, BMW of North America, Coca-Cola, CVS Health, General Motors, Oxfam America, the Equal Employment Opportunity Commission (EEOC), the Massachusetts Commission Against Discrimination (MCAD), and the USPS REDRESS I and REDRESS II Mediation Panels. Chuck is a Certified Organizational Ombuds Practitioner (CO-OP) and a member of the International Ombuds Association who completed ombuds training with the IOA in 1995. In 1993, Chuck completed a Specialization in Negotiation and Dispute Resolution at the Program on Negotiation at Harvard Law School. In 1994, Chuck founded MWI, a nationally recognized dispute resolution service and training organization based in Boston, MA that provides individual and corporate clients with mediation services, negotiation consulting and training, and mediation training. Chuck served as a member of the Massachusetts Supreme Judicial Court Standing Committee on Dispute Resolution and was Chair of the Qualifications Subcommittee. He is a member of the Massachusetts Bar Association’s Dispute Resolution Advisory Group and past president of the Association for Conflict Resolution, New England Chapter. He is also a Distinguished Fellow with the International Academy of Mediators (IAM) and a past president of IAM’s Board of Governors.
Representative Clients
- General Motors: Serves as a national mediator for disputes between Dealers and GM involving audit, incentive programs and fleet sales matters; Designed and led the GM Mediation and Arbitration Training Program which provided training to hundreds of GM Dealer and Corporate Mediators; Responsible for oversight and design improvements of national mediation and arbitration program managed by MWI for General Motors;
- BMW of North America: Mediator for variety of matters involving BMW Motor Cars and Motorcycles. Responsible for oversight and design improvements of national mediation and arbitration program managed by MWI for BMW of North America;
- USPS and EEOC: Contract workplace and employment mediator with the United States Postal Service and the Equal Employment Opportunity Commission mediating federal discrimination, termination, and other matters relating to the workplace;
Honors, Memberships, and Professional Activities
- Distinguished Fellow and Executive Committee Board Member (Past President), Board of Governors – The International Academy of Mediators (IAM) (2013 – Present);
- Appointed to serve as a member of the Massachusetts Supreme Judicial Court Standing Committee on Dispute Resolution and was Chair of the Qualifications Subcommittee (1999-2003);
- President and Director of the Association for Conflict Resolution, New England Chapter (NE-ACR) (formerly the Society of Professionals in Dispute Resolution – SPIDR). Elected to serve as President and former President-Elect and Director of the six state regional chapter of ACR International (1997-2004);
- Chair, Massachusetts Budget Coalition. Led statewide collaborative effort with 15 mediation providers across the Commonwealth of Massachusetts to secure over $950,000 in legislative funding for court-connected mediation services (1997-2000);
- Advisory Board Member, Dispute Resolution Section, Massachusetts Bar Association (2018 to present).
- Arbitrator with the Massachusetts Bar Association’s Fee Arbitration Board (1996 to present).
Lectures and ADR Trainings Conducted
- Mediation Trainer. Designed and served as lead trainer for over seventy-five 20 to 40 hour basic and advanced training programs, totaling over 2250 hours since 1994. Mediation training clients include Coca-Cola, Bose Corporation, MWI, Fletcher School of Law & Diplomacy and the Harvard Mediation Program at Harvard Law School;
- Negotiation Instructor and Presenter. Chuck has worked nationally and internationally with top sales, procurement, and delivery professionals to diagnose and resolve negotiation challenges across multiple industries including financial/consulting, healthcare, and high tech. Served as a negotiation instructor for the internationally attended “Program of Instruction for Lawyers” Negotiation Workshop at Harvard Law School as a teaching assistant to Professor Roger Fisher on multiple occasions.
Background and Education
- Graduate: Completed a Specialization in Negotiation and Dispute Resolution at the Program On Negotiation, Harvard Law School, Cambridge, MA (1993);
- Undergraduate: B.A., Philosophy, Binghamton University, SUNY, Binghamton, NY; President Philosophy Club / Tenure Committee (1989).
Mediating & Arbitrating Franchise, Land Use, Real Estate, and Construction Cases
617-895-4028 | Case Manager: Josh Hoch
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Dispute Resolution Experience
Jack Wofford, a long-time member of MWI’s mediation and arbitration panels, has broad experience in arbitration, mediation, facilitation, consensus-building and other forms of dispute resolution in a wide range of areas, including commercial, employment, environment, family-owned and other closely held business, insurance, organizations, personal injury, public policy, and complex development, real estate, construction and transportation projects. In 1999, President Clinton appointed Jack to a seat on the Federal Service Impasses Panel, which resolves disputes in negotiations between the Federal Government and its unionized employees.
His experience as a mediator in construction and real estate matters includes disputes among landlords and tenants, co-tenants, owners, developers, lenders, partners, contractors, architects and engineers, subcontractors, condominium associations, government agencies and insurance carriers, including professional, title and liability insurers and bonding companies. Issues have included renovations and new construction, from single-family homes (condominiums and detached) to subdivisions, shopping centers, multi-family, office, university and major public infrastructure construction projects.
A lawyer, Jack has done solely neutral work since 1987. In the 1970’s, Jack served in both state and federal government in transportation positions, including director of long-range transportation planning for the Boston area, Associate Commissioner of the Massachusetts Department of Public works, and Deputy General Counsel of the US Department of Transportation. As an attorney in the real estate area (until 1986), Jack represented a variety of perspectives, including developers, builders, owners, partners, landlords, tenants, architects, lenders, and public funding sources. He has drafted and negotiated the full range of documents, including development agreements, loan documents, leases, ground leases, eminent domain findings, construction and management contracts. Projects included: renovation of Commonwealth Pier into Boston’s World Trade Center (for Massachusetts Port Authority); redevelopment of the East Cambridge riverfront (for City of Cambridge); development of research and office space on 24-acre site (for MIT); affordable housing project at Copley Square, Boston (for neighborhood corporation); redevelopment of historic mill in Vermont into market rate residential and commercial space (for private developer).
Focus Areas
Sample projects handled by Jack as mediator and arbitrator of disputes in the construction and real estate area include:
- Disputes between owners and contractors over renovations (residential, commercial)
- Lease between national drug chain and major shopping center owner
- Disputes between general contractor and major subs – in construction of residential subdivision and in construction of New York Subway system
- Construction of student center for public university
- Dispute among insurers over contamination of Woburn/WR Grace Superfund site
- Liability of surveyor’s professional liability insurance company for damages from errors in layout of major planned residential subdivision
- Special Master of dispute between contractor and two Massachusetts towns over construction of waste-water treatment facility
- Allocation of financial responsibility for clean-up of Superfund site from industrial contamination of town water supply involving municipality and four alleged polluters
- Facilitation of advisory committee overseeing clean-up of Massachusetts Military Reservation Superfund site from multiple contaminated plumes affecting four towns
- Mediation of disputes over highway plans in CT, NH, NJ, MA
- Facilitation of 42-person advisory committee charged with recommending improvements in proposed bridge over Charles River as part of Boston’s Big Dig project, leading to widely-praised Zakim-Bunker Hill Bridge
Honors, Memberships, and Professional Activities
- Member of the Bars of Massachusetts, New York, and District of Columbia (DC inactive)
- Former Member, Federal Service Impasses Panel (1999-2002 – Presidential appointment)
- Member, Association of Conflict Resolution (International and New England)
- Author of numerous articles on conflict management and consensus building
- Recipient of “Spirit of Mediation” award from community mediation program for his 16 years service on its board of directors and his 40 years of consensus-building (2010)
- Recipient of “History Makers Award: Innovations in Historic City-Building” for civic participation in resolution of major transportation controversies (2004)
- Roster of Facilitators of the US Institute for Environmental Conflict Resolution
- Former Co-Chair, Boston Bar Association Committee on Alternative Dispute Resolution, Section of Labor & Employment Law (1997-99)
Lectures and ADR Trainings Conducted
Jack has conducted trainings in conflict management, consensus building, mediation and negotiation for the Dispute Resolution Section of the American Bar Association, US Department of Justice, Massachusetts Office of Dispute Resolution, New England chapter of the Association for Conflict Resolution, Boston and Massachusetts Bar Associations, Family Firm Institute, and a number of corporations, universities and groups.
Background and Education
- LLB, Harvard Law School (1962)
- BA, MA, Oxford University (1959) (Rhodes Scholar)
- BA cum laude, Harvard College (1957)
- Former Member, Federal Service Impasses Panel (Presidential appointment) (1999-2002)
- Senior Consultant and Mediator, Endispute, Inc., Boston, MA (1987-93), conducting wide range of mediations and consulting to corporations and government agencies on cost-effective legal management
- Real Estate Department, Csaplar & Bok, Boston, MA (associate 1979-81; partner 81-86)
- Deputy General Counsel, US Department of Transportation, Washington, DC (1977-79)
- Director, Central Transportation Planning Staff, Boston, MA (1974-77)
- Associate Commissioner, Massachusetts Department of Public Works (1972-74)
- Director, Boston Transportation Planning Review (1971-73)
- Associate Director and Fellow, Institute of Politics, Harvard Kennedy School (1966-69)
- Project Director and Research Associate, Harvard Law School (1966-70)
- Staff Assistant, Community Action Program, US Office of Economic Opportunity (1964-66)
- Law Clerk, US District Judge for the District of Columbia, Washington, DC (1962-64)
Mediating Auto & Retail Franchise Matters with MWI
Phone: 617-895-4029 | Email: kstamatelos@mwi.org
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Dispute Resolution Experience
Kimberly Stamatelos has been a practicing mediator since 1986. She was a pioneer in mediation in the mid to late 80’s making presentations around the country to businesses, courts and lawyers on topics related to conflict resolution. Kim has taught mediation, negotiation and related topics at the law school level, and in numerous private trainings throughout the country. Through a grant from the State Justice Institute in Alexandria, Virginia, she went around the state of Iowa educating courts and judges in effective settlement techniques and mediation. She conducted two statewide trainings for Iowa Judges in settlement techniques and also led similar judicial workshops in Arizona and California. She mediates cases around the country in all types of areas including civil, business, family, employment and franchise, disability accessibility, and she is a member of the panel of mediators set up through the Department of Justice Americans With Disabilities Act. She also facilitates meetings between groups and organizations.
Focus Areas
- Alleged breach of franchise agreements or proposed franchise terminations with national franchising companies;
- Disputes between national distributor and owners of distributorships throughout the country involving hundreds of thousands of dollars in controversy;
- Allegations of violations of Americans With Disabilities Act by persons with disabilities against national companies and with small private businesses;
- Meeting facilitation between not-for-profit organizations with similar mission statements resulting in friction pertaining to RFPs , solicitation of funds, public distinction of the groups, and potential collaboration vs. competition for resources;
- Family law disputes of all types involving high levels of conflict surrounding parenting, custody, child support, contempt of court allegations.
Honors, Memberships, and Professional Activities
- Award for Outstanding Contribution to ADR in Arizona, Arizona Dispute Resolution Association
- Americans with Disabilities Act Mediation Panel, Department of Justice
- Bar Admissions: Iowa, 1982, Texas, 1983 (license in Texas no longer maintained)
- Professional Associations and Memberships: American Academy of ADR Attorneys; Association of Conflict Resolution; International Academy of Collaborative Professionals; Women in Mediation; Iowa Association of Mediators; Iowa Bar Association; Polk County Bar Association
- Public Service Activities: Polk County Bar Association: Volunteer Lawyers Project, Volunteer Attorney and Mediator; Des Moines Public Schools Success Program: Mentor to At-Risk Students; Drake University Law School: Former Member, Board of Governors
Lectures and ADR Trainings Conducted
- Drake University Law School: Former Adjunct Professor of Mediation and Negotiation Former Coach, Negotiations Team
- Arizona State University Law School, Mediation Clinic: Former Adjunct Professor of Mediation
- University of Phoenix: Former Adjunct Professor of Business Law and Business Ethics Judicial Workshops in Iowa, California, Illinois and Arizona (Mediation Training – Sponsored by State Justice Institute)
- Numerous seminars on issues related to mediation and conflict resolution
Background and Education
- Drake University Law School, Des Moines, Iowa, Doctor of Jurisprudence, 1981
- Drake University, Des Moines, Iowa, Bachelor of Arts, Sociology, 1978
- Numerous continuing education seminars in topics ranging to legal developments, conflict resolution, grief, special needs children, negotiation, managing emotions, high conflict parents, etc.
Mediating Auto & Retail Franchise Matters with MWI
Phone: 617-895-4029 | Email: dmadigan@mwi.org
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Dispute Resolution Experience
Denise Madigan has been a full-time mediator for almost thirty years, concentrating on cases in – or about to be in – litigation. Before becoming an attorney, she served as the Associate Director for the Harvard-MIT Public Disputes Program based at Harvard Law School. There she mediated multi-party public policy disputes involving state and local government officials, business groups, and citizen advocacy groups. During her career, Denise has mediated cases involving both the public and private sectors and covering a broad range of subjects, including employment; unfair competition; intellectual property; commercial contracts & licensing; franchiser/franchisee; manufacturer/dealer/distributor; construction defect; personal injury; securities; and product liability disputes. After graduating from law school, she worked at a prominent Washington, DC law firm, later joining the ADR firm, Endispute, Inc. She has been an Adjunct Professor at Pepperdine Caruso School of Law’s Straus Institute for Dispute Resolution for over twenty-five years. For over twenty years, Denise has designed and taught courses in negotiation, mediation and ADR for law firms, Fortune 500 companies, insurance companies, trade associations, government entities, and courts nationwide. She has also taught mediation at City University of Hong Kong School of Law, California Judicial Education and Research (CJER), and at Hong Kong University. She has been admitted to the California (active), New York, Massachusetts, and Washington, DC bars and has clerked at major commercial law firms overseas in Sydney and Tokyo as well.
Focus Areas
Over the past 20 years, Denise has mediated a wide range of cases. The following is just a sampling:
- Bankruptcy of a major national retailer, involving hundreds of millions of dollars.
- Commercial contract disputes involving the provision of computer hardware and software systems.
- A $200 million settlement between a large transportation agency and its primary contractor, related to liability surrounding one of the most serious train accidents in California history. Settlement approved by the federal court.
- 25 wrongful death and personal injury cases arising out of a single, massive accident, totaling in excess of $25 million.
- The reorganization of operations and assets (worth over one billion dollars) among thirty utility cooperatives.
- Shareholder/directors’ suit involving medical computer technology that was among the most sophisticated in its market.
- Patent infringement dispute involving high-tech and major entertainment companies.
- Multi-party trade dress, false advertising dispute involving millions of dollars in disputed revenues/damages.
- Complex family business disputes involving enterprises worth over tens of millions of dollars.
- Superfund (CERCLA) allocation dispute involving over thirty municipal and industry PRP’s.
- Will contest involving complex family and business issues in an estate worth tens of millions of dollars.
- A wide range of injury cases under the Federal Employers’ Labor Act (FELA).
- Insurance coverage disputes under a variety of policies, and under the Employee Retirement Income Security Act (ERISA).
- The U.S. Federal Deposit Insurance Corporation and the U.S. Resolution Trust Corporation (USFDIC/RTC) suits against Boards of Directors related to failed savings and loan entities.
- Reimbursement disputes between insurance companies and major healthcare providers.
- Employment disputes, both pre-litigation and in litigation, and both union and non-union settings.
Honors, Memberships, and Professional Activities
- Distinguished Fellow, International Academy of Mediators
- Mediation Committee, Center for Public Resources
- Best Lawyers in America
- SuperLawyers “Top 50 Women Lawyers” (Southern California)
- SuperLawwyers “Lawyer of the Year in Mediation”
- Hollywood Reporter “Power Mediator”
- Board of Governors for the International Academy of Mediators.
Lectures and ADR Trainings Conducted
Denise Madigan is part of the Visiting Faculty at Shantou University in Shantou, China, where she has been teaching mediation the past three years. Prior to that, Denise spent several years teaching mediation at City University of Hong Kong School of Law and later at Hong Kong University School of Law. Denise is currently an Adjunct Professor of Law at Pepperdine Law School, where she is affiliated with the Straus Institute for Dispute Resolution. She teaches semester courses in Mediation and ADR, as well as in-service training programs for sitting and former judges and practicing attorneys from across the United States and around the globe. Over the years, Denise has been called upon by corporations, government agencies, law firms and other organizations to assist them in designing and delivering special seminars, training programs and training materials in negotiation, arbitration, and mediation including, Program on Negotiation at Harvard Law School and a variety of Fortune 500 companies and Am Law 100 law firms. Denise also has substantial experience teaching professionals from all over the world, including judges, attorneys, and government officials from Africa, Asia, Australia, Europe, and the Americas. This includes teaching economics to Mason Fellows (a special program for government officials from emerging nations) at Harvard’s Kennedy School of Government in the early 1980’s.
Background and Education
- J.D. – Harvard Law School, cum laude; Editor, Harvard Law Review;
- M.P.P. – Kennedy School of Government, Harvard University;
- B.A. – Northwestern University, Phi Beta Kappa, Best Thesis in Economics.
For more information:
Please contact Diana Chiang, Manager of Commercial and Corporate Programs, at 617-895-4029 or dchiang@mwi.org for more information.