Mediation

Certification

(International Mediation Institute)

Recognition

International Who’s Who of Commercial Mediation 2013-14, ’16

Mediation Experience
Appointed as a mediator for court-ordered mediations in cases pending in the United States District Court, Southern District of New York and the United States Bankruptcy Court, Eastern District of New York. Served as a mediator of two-party and multi-party disputes in domestic and international commercial matters covering a broad legal spectrum under AAA, ICDR, and CPR Rules including: accounting, breach of contract, surety, negotiable instruments, commercial real property development, investment banking, franchise, antitrust, employment, sovereign immunity, cargo claim, rights to attached assets and torts. Representative mediations include:

  • claims relating to the attached Swiss bank account of a Central Bank
  • ponzi scheme asset recovery claim by court appointed receiver
  • dispute over the terms of a cell tower license agreement
  • regional bank’s claim against a software company for deficiencies in development of proprietary software
  • dispute between a foreign State and a municipality involving issues of sovereign immunity
  • litigation involving a property developer and an insurance company regarding a performance bond obligation
  • claim by an investment bank for M&A transactional advisory fees
  • suit by minority shareholder against a regional franchise operator, its directors, and the trustees of majority stockholder alleging fraud by the majority shareholder
  • claim for monies owed under an equipment lease contract
  • suit against a national property developer for failure to maintain letters of credit
  • suit alleging illegal restraint of trade under the Sherman Act in the healthcare industry
  • cargo damage resulting from alleged breach of a maritime contract of carriage
  • multi-party suit concerning the construction of a gas pipeline
  • accounting dispute between a telecommunications company and a reseller under a Carrier Services Agreement
  • suit relating to a private placement of securities in the United States by a Japanese corporation
  • suits involving sexual harassment, age, retaliation, hostile work environment, race discrimination
  • class action involving the cancellation of a financial instrument by an international financial service company
  • claim for breach of a Master Electric Supply Agreement
  • dispute between international joint venture partners in connection with the operation and control of a Delaware LLC
  • claim for breach of a national sales ground transportation agreement
  • claim for breach of a joint venture agreement to develop an electric power plant
  • executive’s claim for being fraudulently induced into accepting a position in a media company
  • claim for breach of representations and warranties by South American investors in connection with the purchase of the Argentinian operations of a consortium of European energy companies
  • dispute between a regional utility and a power plant over payment terms under a long-term capacity agreement

Mediation Style

Mediation is a process of facilitated negotiation that encourages parties to evaluate whether and on what basis a dispute should be resolved. I view my role as offering parties insight at critical junctures of the process, assisting them in objectively reviewing their respective positions and helping them make informed decisions about whether and how their dispute can be resolved. Based on my 20+ years’ experience as a corporate/international attorney negotiating complex multi-party transactions, I bring to the mediation a solid understanding of the structure and purpose of the underlying agreements and related documents.

I believe that an essential driver for a successful mediation is careful preparation. As such, in advance of the mediation, I normally request a detailed mediation statement from each of the parties, including relevant underlying documents. Prior to the mediation, I also confer with the parties in order to better appreciate the issues and their respective positions. At the mediation, I encourage full participation by party representatives as well as their attorneys. Generally, I start with a facilitative style, moving toward reality testing, which may culminate in an evaluative approach if the parties so request.