Business Conflict Management LLC

Mediation, Arbitration, Faciliated Negotiation, Conflict Management Systems Design

Arbitrator, Mediator

Business Conflict Management LLC

Resources contributed to BASES Project:

• Alternatives to the High Cost of Litigation
• Corporate Social Responsibility and Non-Judicial Access Remedy Human Rights Violations

BUSINESS CONFLICT MANAGEMENT LLC, Montclair, New Jersey, 2008 to Present. Arbitrator, Mediator and ADR Consultant to businesses and their legal advisors.

Panel Listings:

• CPR Panels of Distinguished Neutrals (Insurance, Franchise, Entertainment and * Employment)
• FINRA Panel of Arbitrators
• Mediator, Equal Employment Opportunity Commission
• Panel of Mediators, New Jersey Administrative Office of the Courts
• Panel of Mediators, China Council for Promotion of International Trade
• Panel of Arbitrators and Panel of Mediators, Beijing Arbitration Commission
• International Mediator Panel, Milan Chamber of Commerce

Training:

• “Mediating the Litigated Case,” Straus Institute for Dispute Resolution, Pepperdine University School of Law, 2008
• Chartered Institute of Arbitrators, 2008
• FINRA Arbitrator Training, 2008
• ICC International Court of Arbitration Workshop, 2008
• “Arbitrating the Mega-Case,” American Bar Association, 2008
• Arbitrator Training, NJICLE, 2008
• Cross-Cultural Negotiation, ITIM, 2007
• Multiparty Negotiation Skills, CPR Institute/Harvard PON, 2007
• Mediator Trainer, CPR Institute (Co-Trainer with Dwight Golann), Beijing, 2005
• Mediator Training, CPR Institute (Lewis and Singer), 1998

Publications:

• Books:
  • Alternative Dispute Resolution (Insurance Institute of London, forthcoming 2009) Chapters on “Landscape of ADR” (with Kark Mackie) and “Development of Commercial ADR in the United States” (with Ginny Greisman)
  • Managing Relationships in Franchise Disputes (Forthcoming 2009)
  • Resource Book for Managing Employment Disputes (2004)
  • How Companies Manage Employment Disputes (2002).

• Articles and Monographs:
  • “Commercial Mediation in China: the Challenge of Shifting Paradigms” (Fordham Arbitration Symposium, forthcoming 2009)
  • “The European Directive on Commercial Mediation: What It Says, What it Means, and What It Doesn't,” New York State Bar Association Section of Dispute Resolution (Fall 2008)
  • “Managing Risk Through Drafting ADR Clauses,” ABA-ALI Practical Lawyer, (forthcoming 2009)
  • “The Challenges of International Commercial Dispute Resolution” Focus Europe (June 2007)
  • “New Protocol for Reinsurance Coverage Disputes” Risk Management Magazine (April 2007)
  • “How to Stop Costly Litigation from Ruining Your Results” (with Paul Moss) FAC (February 2007)
  • “How Conflict Resolution Emerged within the Commercial Sector” Alternatives to the High Cost of Litigation (January 2007)
  • “Best Practices in Managing Reinsurance Disputes” (with Paul Moss) Declarations (Winter 2007)
  • “ADR as a Tool for Management and for Corporate Governance” International Bar Association Mediation Committee Newsletter (December 2006)
  • “ADR: It Remains a White, Male Game” The National Law Journal (November 27, 2006)
  • “Success in China: Adjust Your Expectations and Be Ready to Change” Global Link (November 2006)
  • “Ten Ways to Sabotage Dispute Management” HR Magazine (September 2004)

• White Papers:
  • Feasibility Study on Commercial Mediation in the Russian Federation (2002)
  • Response to European Commission’s Green Paper on ADR in Civil and Commercial Disputes (2002)
  • CPR Response to Questionnaire Concerning Proposal for Directive (2005).

• Teaching and Public Speaking:
  • Guest Lecturer: Fordham University School of Law, NYU School of Law, New York Law School, Pepperdine University School of Law. Frequent speaker at programs for U.S. corporations, law firms and trade associations. Invited speaker at numerous international conferences (i.e., Geneva, Buenos Aires, Moscow, Beijing, Hong Kong, Shanghai, Paris, London, Warsaw, Lagos).

INTERNATIONAL INSTITUTE FOR CONFLICT PREVENTION AND RESOLUTION (CPR Institute), New York, New York, 1998 to 2008 Senior Vice President and Secretary. Responsible for industry-specific initiatives, international initiatives, and periodic membership meetings. Secretary to corporation. Interim President and CEO, April – October 2006. Responsible for all executive, fiscal and policy management of Institute, overseeing staff of 18 and budget of $3.01 million. Responsible to Board of Directors.

• Convened committees that created applications of Alternative Dispute Resolution and mediation protocols in fields of:
  • Property-Casualty Insurance (Inter-Insurer Coverage, Construction Defect and Cedant/Reinsurer)
  • Franchise
  • Employment
  • Privacy
  • Domain Name
  • Product Liability
  • E-Commerce

• Negotiated and administered U.S.-China Business Mediation Center with China Council for Promotion of International Trade.

• Responsible for initiatives in Europe, including convening corporate leadership, advising European Commission on Mediation Directive and Code of Ethics. Initiated efforts to form regional dispute resolution centers in Costa Rica and Russia.

• Responsible for planning, marketing and execution of CPR Meetings with faculty of international profile.

SCHULTE ROTH & ZABEL, New York, New York. Associate, 1993 to 1998. CAHILL GORDON & REINDEL, New York, New York. Associate, 1987 to 1993.

• Extensive business litigation experience in federal and New York State courts. Participated in trials, hearings, arbitrations and special proceedings, preparing, examining and cross-examining witnesses. Conducted oral argument on motions and appeals in federal and state courts. Drafted numerous briefs and memoranda, including Petitions for Certiorari and Briefs before the U.S. Supreme Court. Substantive areas included insurance defense, insurance rehabilitation, insurance coverage, federal securities laws, bankruptcy, general commercial, employment, labor.

NON-LEGAL EXPERIENCE

• Professional Actor and Stage Director, 1972 to 1987. Acted on Broadway, in Regional Theatres, and on Television. Directed student and professional productions in New York, London, and in Regional and University Theatres.

EDUCATION:

• NEW YORK LAW SCHOOL, J.D. magna cum laude, 1987. Class rank: 3/177. Full Merit Scholarship. Notes & Comments Editor, New York Law School Law Review.

• ROYAL ACADEMY OF DRAMATIC ART, London, England. Diploma (Acting), 1975.

• DARTMOUTH COLLEGE, A.B. cum laude, 1971, Honors (English)

ADMITTED:

• New York State, Federal District Courts for Southern and Eastern Districts 1988; California 1992; United States Supreme Court 1993; New Jersey 1995

OTHER:

• Marie Garibaldi Inn of Court
• New Jersey Association of Professional Mediators
• American Bar Association, Business Law Section (ADR Committee) and Dispute Resolution Section (former Co-Chair, Program Committee)
• Union International des Avocats, World Mediation Forum
• International Bar Association (Arbitration and Mediation Committees)
• Board of Trustees, New York Law School, 1991-97
• Montclair (NJ) Commission on Human Rights, 1996 - 2001
• Board of Directors and Secretary, Wagner Society of New York, 2004 - Present
• Member of the Corporation, American Friends Service Committee, 2007 – Present
• Cornwall Monthly Meeting, Religious Society of Friends (Clerk 2001 – 2005)