Thomas Gaultier

French - American

10+ years of experience

Language:

English, French

Portuguese

Present Function:

1. Independent Mediator & Contract Specialist – Practicing since 2010, mediating complex commercial and community disputes (including in the energy, infrastructure, and extractive sectors), providing ADR training internationally, and advising on international contract management and dispute resolution.

2. Of Counsel (International Business & Dispute Resolution) – Advising on contract negotiation, EPC/industrial projects, and settlement strategies in cross-border disputes.

3. Lecturer and Trainer in Mediation/Negotiation – Teaching at Universidade Católica Portuguesa and other leading institutions, delivering courses on mediation, negotiation, and international commercial law.

General Expertise:

Technical Expertise:

Certifications and/or licenses

Attorney and Counsellor at Law (New York Bar, USA) – admitted 2012, active license.
Certified Mediator (University of Texas at Austin, USA) – 2009, following completion of intensive mediation certification training.
ICFML Certified Mediator – Instituto de Certificação e Formação de Mediadores Lusófonos, Lisbon, Portugal – 2015, accreditation recognized by the Portuguese Ministry of Justice.
Trainer Accreditation in Insolvency Mediation – ICFML / Portuguese Ministry of Justice – 2019, recognized trainer in certified insolvency mediation courses.

Professional legal or litigation experience related to the scope of competence of the PMAC

Independent Mediator / Adjudicator – CEDR P2B Mediation Scheme (2019–present): Acted as neutral adjudicator in disputes between online platforms and business users under the EU Platform-to-Business Regulation. Cases frequently involved allegations of intellectual property infringement, including trademark misuse and unauthorized sales of branded goods on digital marketplaces. Responsibilities included analyzing claims, assessing contractual and regulatory frameworks, and issuing binding determinations in line with CEDR procedures. This role provided direct exposure to IP enforcement issues in the digital economy, with parallels to patent, trademark, and other IP-related disputes managed through ADR.

Professional technical experience related to the scope of competence of the PMAC

Independent Mediator (2010–present): Mediation of complex cross-border commercial disputes, including technology transfer, licensing, and contractual disputes with strong intellectual property components.
Adjudicator – CEDR P2B Mediation Scheme (2019–present): Neutral adjudicator in disputes between online platforms and business users. Cases frequently involved trademark infringement and unauthorized sales of branded goods, requiring analysis of IP rights enforcement in the digital economy.
Of Counsel – Abreu Advogados and other Lisbon firms (2010–2025): Advised on international commercial contracts in the energy, construction, and industrial sectors, including R&D, licensing, and technology-transfer agreements, often in IP-heavy contexts.
Trainer and Author: Contributed to Mediation: Creating Value in International Intellectual Property Disputes (Kluwer, 2018), addressing intercultural aspects of IP mediation. Regularly train professionals on ADR in commercial and IP-related disputes.
Technical Fields: Contract law, ADR, mediation and arbitration, intellectual property disputes (patents, trademarks, licensing, and technology transfer).

Memberships and/or accreditations

New York State Bar Association (NYSBA) – admitted as Attorney and Counsellor at Law since 2012.
Instituto de Certificação e Formação de Mediadores Lusófonos (ICFML) – Co-Founder, Vice-President and Certified Mediator since 2011.
CEDR (Centre for Effective Dispute Resolution, UK) – Panel Adjudicator/Mediator for the EU Platform-to-Business (P2B) Mediation Scheme since 2019.
International Mediation Campus – Accredited international mediation trainer (Workplace and Community Mediation).
Portuguese Mediation Community / Ministry of Justice–recognized accreditation – Certified mediator and insolvency mediation trainer in Portugal.

Practical experience of conducting mediation or conciliation or judicial settlement conferences or out-of-court dispute settlements in disputes related to the scope of competence of the PMAC

Independent Mediator & ADR Practitioner, 2010–present
Over 15 years, I have mediated numerous commercial, technology, and contract disputes across borders, including ones involving intellectual property, licensing and technology transfer issues. Many of these disputes had elements analogous to IP mediation—for example, disagreements over design rights, know-how, confidentiality, cross-licensing frameworks or performance under R&D agreements.
Adjudicator / Mediator – CEDR P2B Mediation Scheme, 2019–present
Acting as neutral in disputes between online platforms and business users, I have resolved cases involving trademark infringement, unauthorized sales of branded goods, and contractual disputes over digital commerce and branding rights. Being adjudicator/mediator under the P2B scheme, I applied rules, conducted settlement conferences, guided parties to agreement, and rendered determinations where necessary.
Trainer / Lead Mediator in ADR Workshops and Clinics, 2015–present
In training programs for legal and business professionals in Portugal, France, Italy, Turkey, Hungary, the Netherlands, and Lusophone countries, I have overseen role-plays, simulated multiparty negotiations, and worked with real-world case studies involving licensing, patent/technology disputes, standard essential patents, and complex commercial-IP interfaces.
Community & Commercial Dispute Mediator (Portuguese and African projects)
In the context of community relations, service contracts, and public/private infrastructure projects (e.g. energy, mining, industrial operations), I have mediated disputes involving technology supply, infrastructure performance, and service contracts that incorporate technical specifications, intellectual property deliverables, or operational know-how.