The resolution of high-stakes, high-value real estate controversies by a neutral mediator or arbitrator is best accomplished with the support of a subject matter expert. Even skilled neutrals may not fully grasp the unique economics and valuation principles that impact complex real estate deals and projects such as major shopping malls, hospitality and resorts, casinos and gaming properties, industrial and manufacturing, research and development, and multi-use development properties, among others.
Broadtree connects disputing parties with specialized subject matter experts to support their mediator/arbitrator, or serve as neutrals themselves, by bringing a wealth of experience in the economics real estate valuation, finance, asset management, construction, transactions, law, and other skillsets as needed for the particular controversy.
The financial stakes for the parties are often enormous – and may involve interests in major portfolios that span multiple states and provinces and even countries. Because property rights and markets are highly localized, these disputes may call for a variety of expert advisors who can opine on practices and conventions in each region.
In some instances, this expert knowledge may be required to address a limited issue in the dispute, such as a question about best practices, market dynamics, or valuation methodology, from which the mediator can then advance the proceedings without further assistance. In others the expert serves as an ongoing touchstone that ensures the integrity of the process and the quality of the ultimate determination.
Where the mediator seeks to engage one of our professionals, we work with them to identify the right individual for the issue, and that individual is then recommended as a valuable resource to the disputants as part of the resolution team.
David C. Wilkes brings expertise in complex valuation disputes and litigation strategy concerning real estate. He is an internationally recognized authority who guides real estate owners, developers, and tenants globally through critical investment decisions, with an emphasis on navigating local tax implications. Beyond his property tax and valuation law role, Wilkes advised governments in the Middle East, Eastern Europe, and Africa on reforming property rights, taxation, mortgage finance, and economic development. He has been in senior leadership positions with The Appraisal Foundation, the National Association of Property Tax Attorneys, the International Property Tax Institute, and the Royal Institution of Chartered Surveyors as well as a senior editor at professional and academic publications. Wilkes’ global perspective and proficiency negotiating with local governments strategically achieve clients’ objectives.
After 18 years of resolving disputes as a Maricopa County Superior Court Judge, Sally Duncan transferred her skills to a platform where she can help litigants reach mutually satisfying conclusions to costly and distracting litigation. Judge Duncan’s “been around the block” experience in all areas of civil litigation equips her to find solutions others may not. Beyond her judicial experience on the civil, family and criminal benches, Judge Duncan was a partner at two international law firms and practiced at one of Phoenix’s oldest and most respected firms. She understands every corner of the courtroom with substantial trial experience as a litigator and as the trial judge with dozens of trials . She has also argued before the Ninth Circuit where she learned that listening before you speak is the surest way to finding the best answer.
After 5 years as a trial court judge and 14 years on the Arizona Court of Appeals, including two years as Chief Judge, Peter Swann brings decades of judicial experience resolving complex disputes. While serving on the Court of Appeals, he successfully mediated multibillion dollar disputes involving major industries and government entities, mediating more disputes during his tenure than all the other Court of Appeals judges combined. Swann’s well-rounded career includes experience as a partner in an international law firm specializing in commercial litigation. A standout, he graduated first in his class at University of Maryland Law School and achieved Arizona’s highest bar exam score. His extensive rules committee work enhances ability navigating intricate issues. Honored as “Judge of the Year” multiple times, Swann lends exceptional qualifications mediating appellate, civil, and family cases.
During his tenure as a United States Magistrate Judge, David conducted nearly 1,000 settlement conferences over 17-years, with the majority of cases settled. During his years as a federal judge, he presided by the parties’ consent in hundreds of civil cases. With the litigation judgment that comes from this experience and through persistence and creative solutions, Judge Duncan has helped many litigants reach a satisfying resolution of their cases, a resolution that helped them move forward in their business and personal lives.
Bruce D. Greenberg, a veteran valuation expert with over 50 years of experience, is renowned for his expertise in complex real estate disputes. He has served as an expert witness in high-stakes cases, including a $100 million lawsuit between Citibank and Stewart Title, where his testimony secured a zero-dollar verdict. In 2016, he authored Mexico’s federal law on valuation standards and ethics. Specializing in damaged and distressed stigmatized real estate, Mr. Greenberg has held prominent positions as Managing Director of Deloitte’s and Duff & Phelps’ Real Estate Practices in Mexico City. He was also the former Chair of the Appraisal Institute’s Lum Library, cementing his industry legacy.
Benjamin D. Greenberg is a leader in international real estate valuation operations management. As Director of Operations at Four Corners Valuations, he has spearheaded complex projects across the United States and in more than 60 countries across the globe. His expertise extends to managing large-scale portfolio valuations, site selection, market and feasibility studies and managing enterprise clients extensive valuation assignments. In 2015, he contributed to drafting Mexico’s federal law on valuation standards and ethics. His focus on standardized processes and quality control has significantly enhanced global valuation operations, cementing his reputation as an industry innovator.
