Mediation Practice

Myrna leverages her domestic and international legal, business and transactional experience to work closely with mediating parties and their counsel to bridge the financial and other positional gaps and craft business-focused settlements.

Her mediation experience is broad and includes domestic and cross-border, two-party and multi-party commercial disputes involving the following matters:

  • Contract disputes and general business law;
  • Breach of warranty, fraud and misrepresentations;
  • Loss of income/profit;
  • Valuations (business, real estate and other asset classes);
  • M&A (disputes involving both asset and share sales; early termination);
  • Post-M&A issues (reps and warranties; earnouts; post-closing adjustments; put options);
  • JV/Partnerships and shareholder disputes;
  • Business divorces, buy-outs and lock-outs;
  • SPACs;
  • Investor disputes (start-ups and established businesses);
  • Executive compensation and employee termination;
  • Estate disputes (partitions and dissolutions)
  • High net worth and family business disputes;
  • Licensing agreements and other intellectual property;
  • Domestic and international manufacturing, distribution, transportation and sale of goods; and
  • Civil/common law.

Industries for which she has served as mediator include:

  • Commercial and residential real estate;
  • Commercial insurance and reinsurance (including specialty insurance and D&O insurance);
  • Securities, financial services and bankruptcy (including commercial lending, bank financing, financial products and structures and priority disputes);
  • Construction (including subcontractor, scope of work, payment, delays and defect disputes);
  • Pharmaceuticals, life sciences and biotechnology (including matters involving services and IT for clinical trials);
  • Private equity, family offices and other investment vehicles (portfolio company acquisitions, fundraising/placement agents);
  • Food and beverage (manufacturing, transportation and sale);
  • Entertainment business (partnerships and business divorces);
  • Professional services (including investment banking; accounting and audit, IT, legal and capital fundraising/placement agency);
  • IT software and hardware (professional services; manufacturing; licensing);
  • Defense and Security (including satellite infrastructure); and
  • Automotive industry (manufacturing, distribution and sale).

Mediating parties have included corporations and financial institutions headquartered in the United States, Canada, Latin America, Eastern Europe, Western Europe, Asia (China, Japan and South Korea) and the Middle East.

For all these matters, Myrna encourages “outside the box” thinking to bridge real and perceived gaps, proactively supports parties in crafting creative and workable solutions, and manages the mediation to ensure momentum and commitment to the process are never lost.

For mediations involving cross-border matters and multi-cultural disputants, Myrna’s dual civil/common law training, her extensive experience executing cross-border transactions and her own multi-cultural background and language fluency allow her to recognize and appreciate the nuances of such disputes as well as the intangible factors that often impact the parties’ negotiation posture.