Mediation
Lee Rosengard is known as a creative, resourceful and insightful mediator who effectively assists disputing parties in reaching resolution of their disagreements. His more than 40 years as a commercial litigator, and 25 years as a neutral, foster his understanding of the nature and dynamics of corporate and personal disputes. This benefits disputants in their search for fair, timely, and efficient resolution of their controversies. Lee has received accolades from parties and their counsel for his vision and resolve in facilitating negotiations. As Chair of Stradley Ronon’s Alternative Dispute Resolution Practice Group, he promoted a robust culture of ADR within the firm. His long and varied service as Chair of the Philadelphia Bar Association’s ADR Committee, CPR Institute Distinguished Neutral, AAA Commercial Panel member and writer and speaker on ADR issues has helped make Lee a respected mediation neutral.
Representative Mediation Matters
Mediated a dispute between distributor of medical products and software developer over efficacy of and payment for software designed to maintain inventory records, assist in filling orders, and communicate directly with the distributor’s accounting system to prepare invoices.
Mediated a claim against large U.S. city and a member of its police department arising out of disturbance that led to a shooting at a bar, where off-duty plain clothes police officer, who had been drinking, announced “I am a cop” and shot an innocent bystander.
Mediated an inter-family dispute between siblings over disposition of parents’ jewelry business involving who would take over the store on parents’ retirement and whether one would have to reimburse parents for jewelry from store that had been gifted to spouse.
Mediated a claim by business against its outside accounting firm of 20 years for claimed failure to have discovered an embezzlement scheme perpetrated by long-time bookkeeper.
Mediated dozens of business and personal disputes by appointment of the court as a Philadelphia County Common Pleas Court Judge Pro-Tem.
arbitration
Lee Rosengard has acted as an arbitrator deciding commercial and individual cases for two decades. His experience ranges from serving as one of a blue-ribbon panel of arbitrators hearing cases under a nationwide remedy specifically created by Congress after the U.S. automobile manufacturing financial crisis, to sitting as sole arbitrator or member of three-arbitrator panels in adjudicating disputes between parties from around the country. Lee is recognized as fair and decisive; litigants value his written awards for their clarity and understanding of complex issues. Importantly, no one has ever challenged any of his decisions, sought to set one aside, or have one reviewed by a court on appeal.
Representative Arbitration Matters
Served as sole arbitrator in cases brought by former franchisees of two large automobile manufacturers following manufacturers' decisions to terminate franchise agreements across the country in the wake of their separate filings for bankruptcy relief.
Served as sole arbitrator in dispute between subcontractor and general contractor involving agreement with the United States to perform construction services at a U.S. embassy abroad.
Served as member of a three-arbitrator panel in dispute between pharmaceutical company and former employee over rights to intellectual property.
Served as sole arbitrator in dispute between gaming organization and manufacturer of automated table gaming equipment regarding the supply of automated poker machines at gaming facilities worldwide.
Served as sole arbitrator in dispute between parties to a limited partnership agreement over inter-party rights.
Served as sole arbitrator in claim between CFO and former employer over whether dismissal triggered mandatory purchase option under the applicable shareholder agreement.
Served as sole arbitrator in action between service provider and bank over provider’s region-wide obligations to maintain facilities and indemnify bank for losses allegedly sustained as a result of failure to do so.
Early neutral evaluation
Lee Rosengard offers objective and impartial case evaluation services to counsel seeking independent appraisal of the strengths and weaknesses of their clients’ legal positions. Unencumbered by situational biases that are often an unseen hindrance to counsel’s objectivity, Lee provides confidential and candid analyses of a party’s risks, as well as opportunities for success, in pursuing or defending a claim. Lee considers underlying facts, applicable legal principles, evidentiary and procedural issues, and possible forum and decisional biases. Lee has evaluated cases at various stages of proceedings:
Before a party has commenced an action.
After the pleadings are closed.
Before filing of summary judgment motions and while they are pending.
Before and during trial and arbitration.
During the pendency of an appeal.