Member Voices: Glenn Waldman

Members Voices

Glenn Waldman
Recent Presenter, Dispute Resolution Group
Gunster (Florida, USA)

Briefly describe your practice.
I am a full-time Alternative Dispute Resolution (ADR) practitioner, which consists of 50% as a binding arbitrator; 40% as a Mediator; and the remaining 10% as a Special Master, Receiver and Custodian. The mediation engagements are typically in Florida-based matters, while the forum for the arbitration matters is approximately 60% in Florida and 40% nationally (i.e., outside of Florida). The emphasis of my ADR practice is complex commercial litigation and disputes involving international trade, intellectual property, construction and infrastructure, and large healthcare (i.e., payor / provider) claims.

You recently spoke about Gunster’s Alternative Dispute Resolution (ADR) practice at a WLG Dispute Resolution Group meeting. Given your transition to a full-time neutral after four decades of litigation, what unique perspective do you bring to the table when managing high-stakes commercial arbitrations or mediations?
The essential ingredient for a successful complex or high-dollar value mediation, or arbitration, is my own credibility; and that is earned with a demonstration of my preparedness. And, preparedness comes from not only reading the pleadings, other significant court (or arbitration) filings and the confidential pre-mediation statements, but also through separate virtual conferences - - all in advance of the mediation conference, itself. As a result, during the mediation conference, my recommendations and messaging are more readily accepted by both parties and their attorneys because they know that I have carefully considered and understand their positions - - factually and legally. Similarly, with regard to arbitration evidentiary hearings, when the parties know that I have diligently reviewed their submissions, the presentations of complex factual matters are generally more streamlined and narrowed to the material facts necessary for my adjudication.

You currently serve on the Dispute Resolution Service Council and the Review Board for the American Health Law Association (AHLA). How has your specialized work in healthcare—specifically navigating large payor/provider disputes—informed your broader approach to resolving complex business and contract matters?
My service with the AHLA as an Arbitrator, Faculty Member and in my various leadership positions often focuses on managing large-scale, dense data and privileged e-discovery considerations. Balancing the timing, costs and competing interests in this type of byzantine discovery - - often includes statistical sampling and extrapolation often works well in non-healthcare, complex disputes, such as large construction, infrastructure and international trade-related disputes. Having experience in these matters assists the parties and expedites the resolution of discovery matters which can otherwise delay the progress of the proceeding.

Outside of your professional work, what do you enjoy doing to recharge or find inspiration?
Two things that require tremendous discipline - - exercise and my 7 grandchildren!