ADR EXPERIENCE | Mid-Atlantic ADR

Mediation

Over the past six years I have helped parties resolve over 95% of the approximately 200 cases I have mediated.

Choosing the right mediator is critical to a successful resolution.

There can be no single approach to mediation, as every case involves different personalities, issues and hurdles. My goal is to use the many strategies I’ve learned over the years to help the parties resolve their unique situation. However, every mediation I conduct has a single unifying element... persistence.

At the outset of every mediation I explain that a key element to success is patience. I stress that while I will not waste the parties' time when there is clearly no chance of settlement, I DO NOT GIVE UP EASILY. My approach may necessitate a long day/evening, and it sometimes requires days and weeks of follow up conversations after a session. I will not let a potential settlement slip away.

My approach is designed to expedite the otherwise frustrating mediation process in which hours or more are spent exchanging proposals that both sides know will be rejected as each side becomes more aggravated and disenchanted with the process. Hours slowly moving through that pit of despair may ultimately result in a settlement, but there is absolutely a better way.

Another key element to my approach is helping parties re-evaluate how they view their case and mediation goals. I ask the questions that would be top of mind if I were arbitrating the case, and I hopefully help the parties better understand their downside risks. Human nature draws us all towards thinking about our best case and avoiding or downplaying our worst case. A successful mediation requires parties to thoughtfully consider both ends of that spectrum.

To help me better understand the case, I prefer mediation statements prior to the mediation, along with critical documents, as well as case citations if there is a legal issue in dispute. After I read through those documents, I conduct individual calls with counsel to round out my understanding and to get a better sense for the emotional issues that may impede settlement. These steps increase the likelihood that a settlement can be reached in one session. In more complicated multi-party cases, I sometimes hold pre-mediation calls or Zoom meetings with the individual attorneys along with their clients.

On the day of mediation, I start by meeting with each party separately, to understand the case directly from the litigants, and to begin to develop rapport and trust. In limited circumstances, I may then hold a joint session, or I may decide with the attorneys that a joint session would be counter-productive. After that, the process moves in different directions depending on the case.

While I am guiding the mediation, the process is for the attorneys and their clients. I welcome suggestions on how to proceed, and often bring the attorneys together to talk through hurdles in a setting that will increase candor and reduce unproductive rhetoric. Working together, we will resolve the case.

Panels & Professional Associations

AAA Mediator Panel
EEOC Contract mediator
EEOC Federal EASE mediator
Philadelphia Court of Common Pleas
Resolute Systems, LLC
NAM Mediation Panel
FINRA
International Academy of Mediators, mentorship program

Mediation Training

International Academy of Mediators, monthly webinars – 2019 - 2020
International Academy of Mediators, Fall Conference – 2019
International Institute for Conflict Prevention & Resolution – 2019
The Strategic Negotiator – 2017
New Jersey Civil Mediation Training Course – 2017
NJ Office of Dispute Settlement, Advanced Mediation training – 2017
The American Arbitration Association’s five-day Mediator Training Program – 2016

Arbitration

As an arbitrator and an advocate, I have handled over one hundred arbitrations covering a broad range of labor, employment and commercial disputes.

Choosing a skilled Arbitrator who understands the legal, business and employee issues is critical to a successful arbitration.

My over thirty-five years of successful experience as a General Counsel, Business Leader, and Labor & Employment attorney gives me a broad perspective that allows me to clearly understand and analyze the multiple sides of a dispute.

I write timely decisions, and I address all the relevant facts presented and arguments raised. Counsel and their clients will never be left asking whether I thoroughly considered all of the elements of a case in reaching a decision.

Professional Associations

AAA Labor Panel – PA, NJ, DE, MD & D.C.
Federal Mediation and Conciliation Service
PA Bureau of Mediation
PA Labor Relations Board
NJ State Board of Mediation
NJ PERC
Resolute Systems, LLC
District of Columbia PERB

Standing Arbitration Panels:

New Jersey Teachers’, Tenure
Cmlth. of Pa. and Pa. State Corrections Officers Assoc., Heart & Lung
Cmlth. of Pa. and Pa. State Troopers Assoc., Heart & Lung
AFGE and National Archives and Records Admin., Grievance
Cmlth. of Pa. and Pa. State Corrections Officers Assoc., Expedited Grievance
ATU Local 689 and RATP Dev Circulator, Grievance
ATU Local 689 and Washington Metropolitan Area Transit Authority, Grievance

Arbitration Training:

FMCS’ Arbitrating in the Federal Sector two day course – 2019
ABA 12th Annual Arbitration Institute – 2019
SFLERP 46th Annual Symposium – 2019
FINRA Arbitrator training program – 2018
National Association of Railroad Referees Conference – 2018
National Association of Railroad Referees Annual Conference – 2018
FMCS' Federal Sector Arbitration, Law & Practice – 2018
AAA’s two day Commercial and Employment Arbitrator course – 2018
The AAA’s new Arbitrator training courses – 2017
FMCS’ new Arbitrator training course – 2017
FMCS’ five-day new Arbitrator training course – 2017

Internal Investigations

I have been on both sides of the investigation process - as the fact finder, and as a business leader who has brought in independent fact finders.

An independent review is often the safest course for protecting a business.

My legal and business background allows me to bring a unique perspective to investigations.