REPRESENTATIVE CASES

I have mediated more than 410 cases – mainly workplace, commercial, family, co-op / condo and personal injury mediations. Most of them fall into one of the following areas of specialization.

WORKPLACE
Workplace conflicts often involve allegations of wrongful discharge; failure to promote; harassment; unlawful discrimination (race, gender, sexual orientation, disability, ethnic origin) and co-worker clashes. Examples of cases I have successfully mediated:

• Several hearing-impaired employees, with different degrees of impairment, claimed that the employer – a large corporation--failed to distinguish between their varying needs and failed to make reasonable accommodations. After mediation with a sign interpreter, a tiered accommodation was structured, and the complaint dropped.
  
  
• After a recent change in leadership, 20 members of a department at a SUNY college were at odds with one another over spending and curriculum priorities. A full-day group structured mediation (facilitation) which I led with a colleague helped clear the air and get the department working together constructively.

COMMERCIAL
Many conflicts are related to alleged breaches of contract: inadequate performance; failure to make timely payment; payment of commissions;honoring non-solicitation and/or non-compete clauses; etc. Examples:

• Litigation for breach of fiduciary duties against long-time general counsel of a corporation who was accused of plotting with now-deceased founder to divert major inventions and their profits from the corporation. Other parts of the litigation had been resolved but the parties were stuck on the settlement with this defendant. Mediation brought the parties to an acceptable solution which they could both live with.
  
  
• There was an alleged breach by one employee of a confidentiality provision reached by some three dozen employees in a Fair Labor Standards Act settlement agreement. The employer, which sought the mediation, had held up scheduled payments to all the employees.  Previous bad blood between counsel and the prospect of penalizing many for the breach by one employee made the mediation very tense, with employees counsel threatening to withdraw. However, everyone cooled down and I was able to facilitate a resolution by telephone a few days after the session.

FAMILY
Divorce and separation agreements among opposite-sex couples are common; similar issues, with less predictable consequences frequently arise with same-sex couples and with siblings and parents.  Examples:

• Two men had lived as a couple for 14 years, without the benefit of a domestic partnership agreement, a marriage or any written agreement. They owned three homes and a considerable amount of personal property about which they were in conflict. One man had paid for more of their shared lifestyle, also held all the records and was deeply angry at his ex-partner. Feelings ran high and were exacerbated by a very tough-minded attorney, but an initial session and some lengthy telephone follow-up resulted in a full agreement.
  
  
• Two women in a long-term relationship decided to separate but jointly raise their two children (one born to each of them), one of whose second-parent adoption had not yet taken place. Property also needed to be divided, including a Cape Cod home which one wanted to retain, jointly, and the wished other to sell. After several mediation sessions, the adoption was finalized (despite the split), joint custody arrangements were made and all property divided.
  
  
• An estranged family of a father plus a son and daughter had two probate cases in Florida  plus a commercial lawsuit in New York. Eight attorneys, some available on phone,  participated in the very long single session which resulted in a resolution of all the litigation.

CO-OP / CONDO
Many disputes involve neighbor interactions over noise, smoke and such. These typically settle rather quickly despite personal enmity. Cases I have helped resolve include:

• A very small mid-town co-op sued two shareholders who were using their unit as a bed and breakfast, which was thought to threaten the safety of the other residents. The defendants had complaints of illegalities against the co-op and neither party could afford to sustain protracted litigation. Their attorneys suggested mediation and participated in a limited way. After three mediation sessions,  the litigation was settled to everyone’s relief.


• Two neighbors in an ultra-luxury condo were angry over a myriad of issues and complaints: renovation damage; noise from children playing; cooking smells; involvement of the building staff in the complaints; etc. The pre-mediation work (telephone) was exhaustive and the case resolved in a single session.

PERSONAL INJURY
Personal injury cases typically involve three players—the plaintiff, the defendant and defendant’s insurer. In medical malpractice and wrongful death cases there may be more than one defendant involved, and more than one insurer. An example:

• A wrongful death lawsuit was brought by the family of a terminally ill woman whose demise was hastened by the infusion of some tainted blood. The hospital and the blood supplier were at odds about where the responsibility lay and what damages were reasonable under the circumstances. After two sessions both defendants contributed to an award that was acceptable to the family.