I have served as mediator for over thirty years in hundreds of business disputes involving business contracts, executive employment agreements, post-transaction obligations, non-payment and failure to provide services or conforming product. Disputes have arisen in financial services, manufacturing, distribution and retail sales, construction, business equipment and consumer products, and religious institutions. Able to analyze and assess strengths and weaknesses of parties' positions and establish rapport and credibility with the parties. Persistent in efforts to get matters resolved. Extremely high success rate.
I have served as mediator in numerous multi-party mediations, for example: claims among multiple partnerships and individuals involving breach of contract, fraud and unfair competition; claims among multiple family members involving extensive real estate holdings; claims among EEOC, employer, employees and community representatives; claims among former employer, current employer and employee involving breach of restrictive covenants; claims among investors, developers and owners of property concerning development of resort property.
-- "Business divorces” involving partnerships, members/managers of limited liability companies, shareholders in closely held corporations, doctors in medical and healthcare practices, members of family owned businesses, law firms.
-- Buyers and sellers of businesses including accounting and other professional practices.
-- Complex business contracts
-- Breach of executive employment agreements among financial institutions/other businesses and former employees
-- Supplier and purchaser of computer technology products for non-conformance and non-payment
-- Manufacturer and purchaser of high tech rubber products involving claims of fraud and breach of contract
-- Religious institution and former catering and restaurant vendor
-- Real estate owner/developer and consultant/broker concerning services rendered and entitlement to commissions
-- Buyers and sellers of products for failure to provide conforming goods
-- Law firm and former partners concerning money owed under partnership agreements
-- Financial institution and individual investors regarding investment advice
-- Buyers and sellers of businesses involving breach of reps and warranties, post-closing obligations
-- Claims among EEOC, retail employer, former employees and ethnic based community rights organization
-- Employment discrimination claims based on age, race, gender, disability, sexual harassment, whistle-blower
-- Violation of restrictive covenants and other post-employment termination obligations
-- Insurance claims arising from Superstorm Sandy
-- Multiple partnerships and individuals involving breach of contract, fraud and unfair competition
-- Claims among former employer, current employer and employee involving breach of restrictive covenants
-- Claims among investors, developers and owners of property concerning development of resort property.
-- Claims among multiple family members based in United States, England and Israel involving breach of contract and fraud claims concerning extensive real estate holdings in each location
-- Claims among international coffee manufacturer/distributor and its dealers involving breach of contract
-- Claims among Chinese real estate owner/developer and United States general contractor involving claims of fraud and breach of contract
-- Claims among broker of high end properties internationally and Middle Eastern purchaser in auction involving claims of fraud and breach of contract
-- Claims among Canadian financial services partnership and US based partner and former CFO involving breach of contract, non- payment of partnership interest, faithless servant claims
-- Claims among Canadian airline and US based airplane leasing company involving contract interpretation and breach of contract claims
-- Claims among multi-national members of limited liability company in gaming industry involving breach of contract, tortious interference and violation of IP rights
** Mediation Approach
My approach is a flexible blend of facilitative and evaluative mediation. I come to the mediation fully prepared, having carefully reviewed all pre-mediation statements and operative documents. Each mediation is customized according to the needs of the parties. I establish rapport and credibility with the parties, facilitate the airing of positions, issues and interests, and assist the parties in reaching agreement. I analyze the strengths and weaknesses of the respective positions of the parties in private caucuses. I strictly maintain party confidences and promote a respectful and constructive mediation environment.
I employ management skills to promote efficiency throughout the mediation process. I have great patience and persistence
in order to get matters resolved. As a result, I have an extremely high success rate.
** As Attorney Advocate
I served as lead counsel in numerous mediations, including:
* Representing the owner of luxury yacht involving disputes with general contractor and architect
* Representing real estate developer in dispute with partners involving breach of real estate and related agreements, notice provisions in transaction documents, constructive trust, fiduciary duty and fraud
* Representing bank liquidator involving alleged default under ISDA Master Agreement
* Representing purchaser of product line where seller claimed lost profits due to inadequate marketing efforts
* Representing employers involving allegations of employment discrimination (age, gender, national origin, race, disability, whistle blower) and sexual harassment
* Representing United Nations Mission in construction dispute with architect, contractor and subcontractors