Francis x. Sexton, jr. Provides alternative dispute resolution services as an Arbitrator and Mediator in Domestic and International Commercial, Business, Technology, Real Estate, Logistics, Franchise, and Employment Disputes

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About Francis X. Sexton, Jr.

Francis X. Sexton, Jr. (“Frank”) is:

  • a Supreme Court of Florida Circuit and County Certified Mediator
  • an Arbitrator and Mediator approved by the American Arbitration Association, and its international branch, the International Centre for Dispute Resolution, serving on each of their large, complex case Arbitration and Mediation panels
  • a FINRA (Financial Industry Regulatory Authority) arbitrator

Arbitration/
Mediation Panels

  • American Arbitration Association’s National Roster of Neutrals (serving on its large, complex case panel, and its commercial panel of Mediators);
  • International Centre for Dispute Resolution Roster of Neutrals
  • FINRA Arbitrator

Professional History:
Over 45 years

  • Partner in the Miami office of ROIG Lawyers.
  • Partner, Levine Kellogg Lehman Schneider & Grossman (litigation boutique law firm)
  • Partner, Fowler Rodriguez
  • Founding Partner, Concepcion Sexton and Martinez, international litigation
  • Partner, Sage Gray Todd & Sims/Hughes Hubbard & Reed

Litigation and Trial Work:

Frank has over 40 years of experience in complex commercial litigation in state and federal courts, with an emphasis in business disputes, intellectual property, products liability, banking, securities litigation and arbitrations, real estate (commercial and residential), business torts, professional liability, premises liability, fraud, intra-corporate and partnership disputes, trademark infringement, shipping disputes, banking disputes, money wire disputes and debtor/creditor problems. He has tried–and is still trying—jury and nonjury cases in both state and federal courts. Frank is AV® Preeminent™ Peer-Review Rated by Martindale-Hubbell and has been named by his peers as a Super Lawyer™, 2012-2018.

Arbitrations Representing Clients:

Frank has represented numerous clients in arbitration proceedings; most notable of which was the successful representation of clients seeking a return of their investment in the development, worth in the hundreds of millions of dollars, of a large resort island in the Caribbean; and a breach of contract dispute involving the sale of a “mega-yacht”.

International:

In the 38 years Frank has practiced law in Miami, the overwhelming majority of his clients, both individuals and companies, have been from places other than the United States: Brazil, Nicaragua, Spain, Mexico, Costa Rica, Bolivia, Venezuela, and Argentina, and most matters litigated have concerned international trade disputes, breakups or difficulties within multinational or foreign corporations or properties purchased in the United States and foreign nationals.

Arbitration Experience

Frank has served as an arbitrator in over 150 arbitrations in large complex cases involving national and international parties and complicated multiparty disputes. He has experience and training in both domestic and international arbitration laws and procedures, including American Arbitration Association, International Centre for Dispute Resolution, UNCITRAL, ICSID, ICC, and LCI rules and procedures. He also serves as an arbitrator in non-administered ad hoc arbitrations.

In recent years, as an arbitrator Frank has:

  • Presided over a three-week hearing in which damages were sought in connection with the breach of the software development and distribution agreement by failure to deliver software as agreed;
  • Served as a panelist in an arbitration in which the claimant sought in excess of $5 million in damages for breach of shareholder agreement, breach of fiduciary duties, and for defamation arising from a business breakup of a company servicing the gaming industry;
  • Served as a panelist on an arbitration arising from the alleged breach of a distributorship agreement for medical equipment sold in Colombia, Panama, Costa Rica and Ecuador, including breach of contract and warranty claims;
  • Presided over a lengthy hearing involving multiple claims arising from the loss due to improper investments in securities and other equities;
  • Presided over the hearing arising from the breach of an agreement between a health care provider and a group of pathologists to provide health care services for the provider;
  • Presided over a claim for fraud in the inducement and breach of contract in connection with the sale of the company making medical devices;
  • Presided as chair of the panel over claims for breach of contract for international purchases and distribution of cellular equipment and fraud, involving damages in excess of $20 million and counterclaims of $16 million.

 

Author – “Arbitrations: Avoiding Expense and Grief Through Thoughtful Drafting of Arbitration Clauses”, Dispute Resolution Journal, American Arbitration Association, 2017

Mediation Experience

Frank has served as a mediator in many commercial, business, real estate, technology and employment-related disputes, many of them large cases involving international parties and complex multiparty disputes.

Recent Cases Mediated Include:

  • A state court case where plaintiff, a British Virgin Islands Corporation, in the business of loaning working capital to businesses, purportedly made loans to citizens of Costa Rica, all were in default. The loan agreements and promissory notes were extremely complex, parties disagreed whether the security interest given as collateral were viable and whether the debt had been converted into equity of the borrower. Laws of several jurisdictions were in play. The case was successfully mediated over two days.
  • A state court case where a real estate management corporation sued a condominium association for breach of the management agreement after the management corporation discovered an alleged structural flaw in the association’s building and the association retaliated by canceling the management contract. The interpretations of the management agreement was hotly disputed, as well as construction issues; and all parties brought construction experts to the mediation. All issues were successfully mediated.
  • A case pending in the United States District Court, Southern District of Florida, plaintiffs were freight forwarders who claimed that they were owed freight charges while defendants claimed that the freight charges were exorbitant and that plaintiff had violated the parties’ agreements. The case was mediated successfully.
  • A pre-suit dispute in which the parties each claimed a significant sum of money placed into escrow deposit for the purchase of real estate with an option to buy it was successfully mediated, avoiding a lawsuit.

Arbitration and Mediation Training

  • Advanced Mediation Training, 2019
  • Using Questioning Techniques to Move the Parties 2018
  • Appellate Mediation, 2018
  • AAA; Advanced Mediation Training
  • AAA Arbitration from A to Z, 2017;
  • The Florida Bar International Law Section, International Litigation and Arbitration Conference, 2017;
  • AAA Roundtable: Marketing, Social Media and ADR, 2016;
  • AAA Crossing the Line: New Developments in the Law of Arbitral Jurisdiction, 2015;
  • AAA Top Techniques for Improving Arbitration Case Management Efficiency, 2015;
  • AAA conducting Research & Investigations: the Arbitrator’s Authority, 2014;
  • The Florida Bar International Law Section, International Litigation and Arbitration Conference 2013;
  • AAA: What’s a Respondent like You Doing in a Place like This-Confronting Arbitrability and Jurisdiction Issues in Arbitration, 2013;
  • Dade County Bar Association Bench and Bar Conference, Latest Developments In International Arbitration, 2013;
  • AAA Managing the Arbitration Process for Efficiency & Economy Following the Preliminary Hearing, 2012;
  • ICDR 10th Annual Miami International Arbitration Conference, 2012;
  • AAA Maximizing Efficiency & Economy in Arbitration; Challenges at the Preliminary Hearing, 2012;
  • AAA Webinar, Top Ways To Persuade Your Arbitrators, 2012;
  • AAA/ICDR Neutrals Conference, 2010;
  • AAA seminar, What Are the Limits of Arbitrator Authority? 2010;
  • AAA Managing Cases Involving Self Represented Parties, 2009;
  • AAA Dealing with Delay Tactics and Arbitration, 2007;
  • AAA Sharing an Arbitration Panel; Managing Procedures, Process & Dynamics, 2006;
  • AAA Arbitration Awards; Safeguarding, Deciding & in Writing Awards, 2005;
  • AAA Arbitrator Ethics and Disclosure, 2004;
  • AAA Arbitrator Update, 2002; AAA Commercial Arbitrator II Training, 2001;
  • AAA Introductory Arbitrator Training, 1995
  • January, 2017; March, 2017, Mediation Training Group; Advance Mediation Training Workshop: Ethics, General Mediation, Techniques for Avoiding Impasse;
  • January 15, 2015: Mediation Training Group; Advanced Mediation Training Workshop;
  • December, 2011: Mediation Training Group; Advance Mediation Training Workshop;
  • Various mediation courses, 2003-2015; 8 hours per year.
  • Earlier mediation courses: 2002, University of Miami School of Law, Continuing Med. Education Seminar First Circuit Civil & Family Mediators: Provider: Mediation Services, Inc.;
  • 1998: basic Florida Supreme Court Certified Circuit Civil Mediation Training Program, 35 Hours, Mediation Services Inc.

Terms

My fee for serving as Mediator is $375.00 per hour.  The hourly fees apply to review, conference and preparation time. Each party to the mediation shall pay an equal share of the mediation fee, unless they have agreed otherwise. There is a two-hour charge if the mediation is cancelled within one day of the scheduled mediation unless the parties reschedule it at that same time. There will be no charge (time, expenses) for local travel within Miami-Dade County. Payment is expected upon conclusion of the mediation.

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