Usher Winslett

Rates and Fees

Overview

Usher Winslett

Usher Winslett has been a litigator since 1986 and an ADR professional since 1996. He has extensive experience as a mediator, arbitration tribunal chair, wing arbitrator, and sole arbitrator on international and domestic cases of all types and sizes. He regularly handles a wide variety of commercial, intellectual property, employment, insurance, and entertainment disputes, among others. And as tribunal chair, he has ruled on applications for emergency and injunctive relief.

In his 35-plus-year legal career, Usher has handled dispute resolution from virtually every angle. He has worked in both big and small law firms and as a corporate general counsel. He has represented both plaintiffs and defendants ranging from huge multinational corporations to individuals. In addition, he has held non-legal, senior-management positions in a number of businesses, so he has experienced dispute resolution from the client’s perspective.

Usher is currently based in Georgetown, South Carolina and New York City, but he works throughout the U.S., internationally, and remotely (i.e., via Zoom, etc.).

Usher is a fellow of the Chartered Institute of Arbitrators (FCIArb), co-chair of the ABA Dispute Resolution Section International Committee, chair of the ABA Arbitration Institute, and has served as co-chair of the Atlanta International Arbitration Society (AtlAS) Annual Conference. He serves on the arbitration and mediation panels of the AAA, ICDR, ICC, CPR, FINRA, and the United States District Courts for the Southern District of New York, Eastern District of New York, and the District of South Carolina. He is a member of the New York International Arbitration Center (NYIAC), AtlAS, the New York City Bar International Commercial Disputes Committee, and other professional groups and organizations focused on international and domestic dispute resolution. He formerly served on Eastern District of New York’s ADR Advisory Council, which is responsible for overseeing the court’s ADR program, including recruiting and training mediators and arbitrators.

In addition to the above, Usher’s diverse career has included starting a company that imported and distributed shoes from Argentina; serving as a deputy campaign manager for a United States congressperson; and serving as executive producer on multiple critically acclaimed albums, music videos, and a film.

Usher graduated with honors from Washington & Lee University in 1982 and from NYU Law School in 1986.

Currently, in addition to his ADR work, Usher is managing partner at Winslett Studnicky McCormick & Bomser LLP in New York.

Admitted to Practice

New York State, 1987
United States District Court, Southern District Of New York, 1988
United States District Court, Eastern District Of New York, 1988
United States Court of Appeals, Third Circuit, 1988
Supreme Court of the United States, 2000
United States District Court for the Northern District of New York, 2018

Education

New York University School of Law, J.D., May 1986
Washington and Lee University, B.A., cum laude, June 1982

Professional or Trade Affiliations

Chair of the 2025 ABA Arbitration Institute; Co-Chair in 2023 and 2024
Co-chair of the ABA Dispute Resolution Section, International Committee
Fellow, Chartered Institute of Arbitrators (FCIArb)
Co-chair of the 2024 Atlanta International Arbitration Society Annual Conference
American Arbitration Association (AAA) Arbitrator and Mediator
International Center for Dispute Resolution (ICDR) Arbitrator
FINRA Mediator and Arbitrator (qualified as chair)
International Institute for Conflict Prevention and Resolution (CPR) – Arbitration and Mediation Panels
Member of the Arbitration and Mediation Panels of the United States District Court for the Eastern District of New York
- ADR Advisory Council (from 2016 to 2020), which is responsible for overseeing the court’s ADR program, including recruiting and training arbitrators and mediators
Member of the Mediation Panel of the United States District Court for the Southern District of New York
Certified Mediator for the United States District Court for the District of South Carolina
In addition to the ABA, active in multiple other organizations focused on both international and domestic dispute resolution including the New York City Bar (International Commercial Disputes Committee), USCIB/ICC, New York International Arbitration Center, and the New York State Bar Association Dispute Resolution Section

Representative Matters

Representative Mediation Matters

ICC-appointed mediator in $50+-million international dispute concerning real estate finance agreements and allegations of money laundering.
After almost 10 years of litigation, successfully mediated the settlement of multiple claims in a federal securities fraud class action with more than $50 million at issue.
Ad hoc mediator on $5.6 million international dispute between a foreign manufacturer of personal protective equipment and a U.S.-based importer/distributor. In addition to breach of contract, the case includes issues related to international shipping, the FDA Division of Import Operations’ inspection and detention of medical goods, warehouse liens, and force majeure.
Successfully mediated an international dispute involving a large foreign-based watch manufacturer and a competitor involving claims of trademark infringement, unfair competition, and false advertising.
Successfully mediated an international dispute involving claims of software pirating.
Successfully mediated over 40 employment-related cases involving claims under the FLSA, the ADA, Title VII, the New York Labor Law, and related state and federal statutes.
Successfully mediated numerous commercial, contract, and intellectual property disputes – both domestic and international – involving businesses of various types and sizes.

Representative Arbitration Matters

Chair of tribunal on a $100+-million, multi-party, breach of contract case under AAA rules involving a top-tier celebrity’s participation in a consumer products business. The dispute involves multiple agreements, each with its own distinct arbitration clause and has required orders concerning which arbitration clause covers which parties and which claims, issues on advancement and indemnification, a request for sanctions, and other issues.
Chair of tribunal on a $20+-million dispute under FINRA rules involving claims of breach of contract, misappropriations of trade secrets, breach of fiduciary duty, and various employment issues. Issued an interim award granting, in part, claimant’s request for a permanent injunction before the case settled.
Wing arbitrator in a complex securities case with more than $46 million at issue, including allegations of, among other things, breaches of fiduciary duty and contract, failure to supervise, churning, unauthorized trading, lack of suitability, negligence, fraud, and violation of state Blue Sky and consumer protection laws. The hearing lasted 30 days and involved thousands of pages of documentary evidence. The panel issued a final award, which the claimant attempted to vacate – unsuccessfully.
Wing in an arbitration under CPR rules concerning an intra-partnership dispute in a major U.S. law firm. Issued a reasoned award.
Sole ad hoc arbitrator in an advancement and indemnification dispute with more than $8 million at issue.
Sole arbitrator in a $7 million+ breach of contract dispute under AAA rules initiated by a sophisticated artificial intelligence platform, alleging that a vendor supplied it with faulty source materials for the AI program. Among other complex issues, tasked with deciding a jurisdictional motion to dismiss by a respondent who, after initially participating in the arbitration, then claimed he did not sign the arbitration agreement in his individual capacity.
Sole arbitrator in two related cases under AAA rules alleging, among other thing, violations of the Electronic Funds Transfer Act, 15 U.S.C. Section 1693 seq. in connection with purported security flaws in a non-custodial electronic wallet that the respondent provides for users to store cryptocurrency like Bitcoin, Ethereum, and USDT.

Publications

The Competence-Competence Conundrum Continues – NYSBA New York Dispute Resolution Lawyer | 2021 | Vol. 14 | No. 2
Who Says We Are Competent? Confusion Continues over the Competence-Competence Doctrine – ABA Just Resolutions | 2023

Speaking Engagements

Chair of the 2025 ABA Arbitration Institute (a two-day conference covering multiple commercial arbitration topics); Co-Chair in 2023 and 2024; faculty in 2021 and 2022
Co-Chair of the 2024 Atlanta International Arbitration Society (“AtlAS”) Annual Conference
“The Art of Arbitrator Selection” | ABA Dispute Resolution Section Arbitration Committee | 2023
“The Song of Disputes: A Melody of Intellectual Property and Alternative Dispute Resolution” | Cardozo Law School | 2023
“International and Domestic Arbitration Practicum” | Washington and Lee University School of Law | 2023
“Tough Calls and Recurrent Issues in Arbitration” | New York State Bar Association and AAA | 2022
“The All-Important Preliminary Hearing” | ABA | 2021
“Discovery and Motion Practice in Arbitration” | ABA | 2021
“ADR and IP: When and How Mediation and Arbitration are Best Used in Intellectual Property Disputes” | AAA and ABA | 2022
“The Evidentiary Hearing” | ABA | 2021
“Getting Started as An Arbitrator” | ABA | 2022
“Early Stages: Arbitration Initiation and the Preliminary Conference” | ABA| 2022
“The Arbitration Award and Post-Award Issues” | ABA | 2022
“Discovery and Motion Practice in Arbitration” | ABA | 2023
“Drafting Arbitration Awards” | ABA | 2024
“Awarding Costs in International Arbitration” | AtlAS | 2024

Rates and Fees

Rates - Usher Winslett

If you have questions regarding our rates and fees, please contact support@milesadr.com

Mediation Rates4hr Min.
2 Party Case: $362.50 per party; per hour
3 Party Case: $300 per party; per hour
4+ Party Case: $275 per party; per hour
Arbitration Rate: $725 per hour

Mediation Admin Fee: $300 per party
Preparation, Document Review and Post Mediation Follow-Up: $725 per hour
Travel Time: $250 per hour
Travel Expenses, including but not limited to flights, meals and lodging, billed separately and split equally among the parties.

MEDIATION CANCELLATION POLICY

Mediations cancelled within 10 days of the mediation will be charged a cancellation fee of $1,000. However, mediations cancelled, rescheduled or settled within 24 hours of the mediation will be charged 4 hrs. of the Neutral’s hourly rate. Cancellation fees shall be charged to the cancelling party unless otherwise agreed to by the parties.

ARBITRATION FEE PAYMENT POLICY

Arbitration Commencement and Administrative Fee is $1500.00 per party, per arbitrator. At the commencement of arbitration, each party will be invoiced $1500.00. This fee is refundable minus $500.00 per party until the initial case management order has been issued. All arbitration related invoices are due upon receipt.

ARBITRATION CANCELLATION POLICY

If a single-day Arbitration Hearing scheduled on the merits of the case cancels or reschedules within 15 business days of the hearing, the parties will be charged 4 hours of the Arbitrator’s hourly rate. However, if the single-day Arbitration Hearing cancels or reschedules within 2 business days of the hearing, the parties will be charged 8 hours of the Arbitrator’s hourly rate.

If a multi-day Arbitration Hearing scheduled on the merits of the case cancels or reschedules within 28 business days of the hearing, the parties will be charged 4 hours of the Arbitrator's hourly rate for each day reserved for the hearing. However, if the multi-day Arbitration Hearing cancels or reschedules within 7 business days of the hearing, the parties will be charged 8 hours of the Arbitrator's hourly rate for each day reserved for the hearing.

Issuance of the Final Arbitration Order/Award

Arbitration Awards/Orders will not be issued to either party until Miles has received full payment for all fees and expenses associated with the arbitration.