Mr. Dan Naranjo. Experience Qualification Path. Mediation locations. Mediation languages. Current position and background

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1 Mr. Dan Naranjo Phone: Direct line: Fax: Address: Huebner Rd. # San Antonio, Texas, United States Experience Qualification Path Category 2: American Arbitration Association Mediation locations United States - TX Mediation languages English, Spanish Current position and background Currently, attorney, mediator, and arbitrator. Adjunct Professor of Mediation and Negotiations at St. Mary's University, School of Law, San Antonio, Texas. Work History Attorney, Private Practice, present; Attorney/Mediator/Arbitrator, present; Adjunct Professor of Law, St. Mary's University School of Law, present; U.S. Magistrate Judge, Western District of Texas, ; Captain, Office of Special Investigations, OSI, United States Air Force, (Honorable Discharge). Experience Forty years of experience practicing in Texas as an attorney and federal judge. Twenty years of experience as an arbitrator and mediator. As a U.S. Magistrate Judge, conducted evidentiary hearings and requests for injunctive relief voir dire, civil juries; reviewed federal administrative agency decisions; presided over civil pre-trial hearings, including personal injury, medical malpractice, products liability, contract disputes, education law, employment law, construction law, labor law, and securities law issues. As a member of both the Executive Committee and Board of Directors of the San Antonio Sports Foundation, assisted in providing logistical support, coordination, and facilitation services for such local, regional, national, and international events as the U.S. Olympic Festival (1993), NAIA Swimming and Diving Championships (1995), U.S. National Senior Sports Classic V (1995), NCAA Final Four (men ), and the Pan-American Games (2007 Finalist Entry). Adjunct Professor of Law at St. Mary's University School of Law, teaching Alternative Dispute Resolution.

2 Main mediation practice areas Employment and Labor ERISA Construction Disputes Real Estate/Home Improvement Disputes Torts Business Mergers Contract Disputes Mediation experience Have mediated and arbitrated numerous commercial and employment disputes involving contract terms and conditions, delays, and design defects, many with high value claims. Member of the AAA Commercial, Employment and Mediation Panels, and have served on single and three-member panels involving employment, commercial, domestic and international disputes. Mediated disputes involving employees or employers in numerous cases under Title VII, including cases involving FMLA, WARN Act Rehabilitation Act, Wage and Hour (FLSA), Migrant Farm Worker and OSHA matters. Also mediated several ADA cases (including Title III). Mediated cases involving parties or respondents in EEOC cases involving race, sex, national origin, age, disability, or religious discrimination. Handled cases involving sexual harassment, commissions and deferred compensation, employment agreements, trade secrets and confidentiality agreements, and whether to enforce or resist non-compete clauses. Mediated significant commercial disputes involving leases, lender liability, banking and real estate claims, title insurance, creditor and debtor rights, farm and ranch agri-business matters, billing disputes, and mortgage/lender matters. Description of mediation style It has been my experience that syles of negotiation have often been described as competitive, adversarial, cooperative, problem solving, or collaborative. I believe that both the cooperative and competitive styles are integral to the negotiation process and that both are to be used at different times and under different circumstanes. An effective negotiator studies the various styles and strategies in order to choose the most effective in a given case. I do rely on intuition and the legal process, as most individuals have not been educated in negotiation theory or practice and hence lack these specific skills. I believe that mediators must be able to first recognize the theory, the styles and the tactics of negotiation in order to deal with them effectively. While avoiding judgment, I, as a mediator, use persuasive techniques to move parties and their representatives from less effective negotiations to approaches which are more constructive. As mediator, I can provide assistance by controlling the climate and tenor of the process and providing an environment that increases the likelihood of an effective negotiation. Code of professional conduct AAA/ABA Model Standards of Conduct Complaint process

3 IMI Professional Conduct Assessment Process Professional indemnity insurance Association of Attorney Mediators Professional Liability Insurance Coverage Complete Equity Marketx, Inc. (insurer) Coverage is $250,000 per claim; $2,000,000 in aggregate Lawyers Professional Liability Insurance Medmarc Casualty Insurance Company (insurer) Coverage is $100,000 per claim; $300,000 in aggregate Feedback digest Reviewer: STAFF AAA/ICDR ( imireviewer@adr.org ) Latest Update: :46:23 This Feedback Digest has been updated to include 5 Feedbacks in 5 Mediations as of March 27, Parties and counsel who have used Mr. Naranjo would overwhelmingly use his services again and would, without hesitation, recommend him to others. Typical of the comments reflecting Mr. Naranjo's acceptability are: (i) Dan is a great mediator. We ask him to serve on our most difficult assignments; (ii) Dan listens better than most other mediators; (iii) Dan Naranjo is a fine gentleman. I trust him and value his judgment; (iv) Mr. Naranjo is an effective mediator who gets the job done; and (v) Mr. Naranjo is a well respected and knowledgable, experienced mediator. He is well known and accepted as a leader in our local legal community Mr. Naranjo's mediation skills and abilities are rated as highly effective. Typical of feedback received in this regard are: (i) I have always been very impressed with his mental abilities and his ethical values. I consider him a model for what a mediator should be; (ii) Has a great deal of experience which lends credibility to what he says; and (iii) Mr. Naranjo has mediated numerous cases for my clients over the years, ranging from fairly simple disputes to complete, multi-party controversies. His knowledge of the law and of the political, economic and social venue of the litigation have proven extensive and more than capable of assisting the parties to resolve their differences, yielding many successful mediated settlements. Mr. Naranjo is also highly regarded for his ability to effect a positive outcome. For example, it was noted that: (i) The mediation with Mr. Naranjo gave the opposing party a chance to hear from an experienced individual with no stake in the outcome; (ii) Mr. Naranjo was able to get the case moving to the point that co-defendant settled; (iii) Mr. Naranjo has the ability to come up with creative alternative solutions that the parties had not thought of before, and the experience of negotiation and exploring alternative ways to resolve the dispute was very worthwhile; and (iv) Mr. Naranjo's extensive experience and long background as both an attorney and magistrate are very effectively brought to bear on the mediation process. He is a top mediator and very effective. Costs were widely reported as reasonable in the context of the value of the disputes mediated by Mr. Naranjo, and in general a very high degree of satisfaction was reported.

4 No reportable negative comments have been received since Mr. Naranjo's designation as an IMI Certified Mediator. Professional affiliations Commission for Lawyer Discipline, (one of six attorneys with oversight over all Grievance Committees in Texas, ) State Bar of Texas (Past Board of Directors) San Antonio Bar Association (President, 1984) American Bar Association (Chairman, Mid-Winter Meeting, San Antonio, TX, 1995) University of Texas Law School Alumni Association (Board of Trustees) Texas Bar Foundation (Fellow; Austin, Texas) San Antonio Bar Foundation (Co-Founder and Chairman of Board, ) Federal Bar Association (San Antonio, TX) Texas Association of Mediators (Past Board of Directors) Society of Professionals in Dispute Resolution (SPIDR) Association of Attorney-Mediators (Dallas, TX) Mediation education and training Pepperdine University School of Law: Straus Institute for Dispute Resolution, Faculty Scholars Program - Advanced Mediation Seminar, summer Harvard University (Cambridge, MA): Course on Negotiations, summer AAA Commercial Arbitrator Training (San Antonio, TX), April St. Mary's School of Law (San Antonio, TX): San Antonio Bar Pre-Suit Program, Negotiation and Mediation Skills Offices of United States Arbitration and Mediation (40 hour course; Seattle, WA), London School of Economics (London, England) Course Study, International Economics/Negotiations, Association of Attorney Mediators (Dallas, TX) American Arbitration Association (Houston, TX)

5 Wharton School of Business, University of Pennsylvania (Philadelphia, PA): Course on Negotiations, Office of Legal Education, Executive Office for U.S. Attorneys (Washington D.C.), November 2002 Dispute Resolutions/Enhancement Negotiations (San Antonio, TX), November 2001 Mediation teaching and mentoring St. Mary's School of Law (San Antonio, TX): Adjunct Professor, ADR, (1998 to present) Pepperdine University School of Law (Malibu, CA): Visiting Adjunct Professor, ADR, (Jan. 2007) Mediation publications Co-author, "ADR Personalities and Practice Tips", AMERICAN BR ASSOCIATION, Section of Dispute Resolution, Co-author, "Court Annexed Mediation: Critical Perspectives on Selected State and Federal Programs", AMERICAN BAR ASSOCIATION, Section of Dispute Resolution, Author, Alternative Dispute Resolution of International Private Consumer Disputes under the NAFTA", TEXAS BAR JOURNAL, Co-author, "Competence and Quality in Dispute Resolution Practice", SPIDR COMMISSION ON QUALIFICATIONS, Report #2. Co-author, "Civil RICO: Overview on the Eve of the 200th Anniversary of the Federal Judiciary", ST. MARY'S LAW JOURNAL, Co-author, "Civil Procedure in Federal Courts", TEXAS PRACTICE GUIDE, Co-author, "Civil RICO: A Primer for State and Federal Practitioners", STATE BAR OF TEXAS, Professional Development Program. Note: This Mediator Profile is intended to offer guidance to users of mediation services about the competency, skills, styles and potential suitability of the IMI Certified Mediator featured above. The Reviewer, the Mediator and IMI are attempting to present fair, balanced and objective information but none are to be held responsible for reliance on the information given. Users of mediation services are encouraged to pursue further research before selecting the IMI Certified Mediator, including contacting references and conducting an interview with the Mediator before making a selection.