Arbitration and Mediation
Commercial Arbitration
Carmen D. Caruso has represented numerous parties in arbitrations including franchisees, dealers, independent franchisee associations, and franchisors, and other business clients. The cases have included both “single transaction” disputes such as sale of business cases or individual franchise terminations, as well as complex, multi-party arbitrations involving issues affecting entire franchise systems.
Caruso has been selected as an arbitrator in franchise disputes, and he has successfully advocated for his clients in arbitration including a three-week hearing in a sale of business case, and franchise arbitration including the recent claims of multiple franchisees against their franchisor for breach of the duty of good faith and fair dealing in a pricing dispute:
“Carmen has managed the unmanageable for us on a large scale, in a very complex case, with multiple clients in a common claim, but with different agendas. To say that he is of high moral fiber is an understatement. This man will not sacrifice his character or values to win a case. He will carefully manage the issues at hand and provide his clients with a gentle nudge or a precise strike, to keep them on the straight and narrow without losing focus on what really matters and that is a satisfactory conclusion. If you are on the fence and considering Carmen to represent you in a franchise litigation or mediation/arbitration, do yourself a favor and choose wisely and in my opinion, you should use Caruso, period.”
- Stacey Harvey President Superior Walls of East Tennessee Inc. November 4, 2009
Mediation
Voluntary dispute resolution should be explored in every case. Keys to success include knowing when the time is right to mediate, selecting the right mediator, and being fully prepared as though the trial was starting. Caruso has had substantial success resolving claims, including eight-figure claims, in the mediation process, and he has earned substantial praise from an experienced mediator:
“I have had the opportunity to serve as a mediator in cases where Carmen has represented clients. The cases have been complex franchise cases, requiring legal knowledge in the franchise area and negotiation skills in situations where the conflict has been quite intense. I have found Carmen to be very skilled. He recognizes his client’s unique interests in the negotiation, and uses the perfect balance of advocacy and problem solving, while working towards resolution of conflict. I recommend him highly and have been impressed with his work.”
- Kimberly Stamatelos, Attorney and Mediator, Stamatelos & Associates