Arbitration. Arbitration is a form of dispute resolution usually conducted by a sole arbitrator or a panel of three arbitrators. In this process, an arbitrator listens to adversarial presentations by all sides of the dispute or case and thereafter makes a decision, usually resulting in an award to one of the disputants. In arbitration, taking the straightest path to resolution is not only cost-effective, but also is the heart of arbitration. A good working-knowledge of evidence, procedure, and trial strategies and ethics make for a strong arbitrator. Lynn Cole has these strengths critical to running a cost-effective arbitration process and to exerting requisite management skills to handle any unique issues in a case. She has tried to verdict well over a hundred cases, state and federal , jury and bench trials.
Ms. Cole has substantive expertise in adversarial proceedings. Throughout her 27 years in litigation as a private arbitrator and continues to serve as a full-time ADR professional as an arbitrator in a number of diverse and complex contract and labor and employment cases. She has served as an arbitrator in over 180 matters and has written several opinions for the American Arbitration Association. She has extensive in labor and employment experience which includes representing both employers and employees in private and federal sectors. Her subject matter experience includes cases involving the Civil Rights Act of 1991 (Title VII), cases; (including race, ethnicity, gender and retaliation claims); the Fair Labor Standards Act of 1938; Age Discrimination in Employment Act of 1967, (including retaliation claims); Americans With Disability Act of 1990; violation of the Florida Civil Rights Act of 1992; Florida Whistleblower’s Act (private and public); Sarbanes-Oxley Act of 2002; and Federal False Claims Act. She has class action lawsuit experience in gender discrimination class claims of Title VII, Equal Pay Act and Retaliation; and cases alleging violations of the Worker Adjustment and Retraining Notification Act (WARN) and FSLA .
Her complex commercial and contract litigation and arbitration experience include representing large and small corporate clients in major industries, such as steel manufacturing, aviation, internet and intellectual properties, pharmaceutical, construction, utilities, and health care. Experience and representative issue in complex commercial matters include breaches of contract (all issues, federal and state); intellectual property (including ICANN); securities; antitrust (civil and criminal), banking; utilities issues, fraud, partnership, theft and embezzlement, and civil RICO.
Her arbitration experience of over 180 arbitrations taken to award include arbitrations in real estate, financial and banking cases, construction contracts, employment contracts, partnerships and labor and employment mediations of all types (see above). She has published several written opinions for the American Arbitration Association.