Mediator Resume

Full-time arbitrator and mediator, who is an attorney with a bachelor’s degree in electrical engineering. Recipient of the AAA/ICDR 2025 Innovation and Technology Award. Arbitrator and mediator since 2002. Neutral arbitrator in over 150 regular and complex disputes, including disputes regarding, engineering, construction, energy, technology, environmental, business/commercial, and consumer matters. Broad international experience. Member of the AAA Construction Mega Project Panel and Large, Complex Construction Arbitration Panel. Member of the ICDR Construction Arbitration and Mediation Panels. Member of the Commercial, Energy, Technology and Consumer Panels.

Len Kessler ADR Services

Attorney, Arbitrator and Mediator

Len Kessler ADR Services, 2013 - 2014, 2015 - Present; Vice President/Lead Counsel, Global Construction, Gilbane Building Company, 2014 - 2015; Senior Vice President/Associate General Counsel, URS Corporation (Infrastructure & Environment Division), 2005 - 2013; Of Counsel, Agovino & Asselta, LLP, 2002 - 2005; President, Deer Trail Associates, Inc., 1999 - 2001; Vice President and General Counsel, AMEC Construction Management, Inc. (formerly known as Morse Diesel International, Inc.), 1994 - 1999; Associate General Counsel at Ebasco Services Incorporated; Litigation and Health Care Associate, Kelley Drye & Warren; Litigation Associate, Cravath, Swaine & Moore.

Former chief legal officer for the 21,000 employee Infrastructure & Environment Division of URS Corporation (now part of AECOM), which had $4 billion in annual revenue and provided engineering, construction, design-build and environmental services in approximately 250 offices in more than 50 countries. Member of the division's executive management team, participating on all top-level management committees and risk management committees. Managed a legal department of 30 attorneys, five contract managers and five paralegals. Supervised the management and direction of all outside counsel representing URS in litigation, arbitrations, claims, disputes and other matters, both domestic and international. Responsible for the review and negotiation of all the company's commercial contracts and disputes arising from such contracts. Also, involved with review and negotiation of all contracts for the company's procurement needs and any related disputes. Similar responsibilities for other general counsel and corporate counsel positions held at the other engineering and construction companies.

Mediated over 200 construction and commercial disputes. Amounts in dispute have ranged up to approximately $20 million. Appointed to the Nassau County Bar Association ADR Advisory Council, which supervises and administers the bar association's arbitration and mediation dispute resolution program. On the New York State Supreme Court Commercial Division Roster of Mediators for New York, Queens, Kings and Nassau Counties and the New Jersey Superior Court Roster of Mediators. Mediator for Nassau County Bar Association ADR Program.

Disputes between contractors and owners regarding claims by contractors for extra compensation due to out-of-scope work, defective plans and specifications and excusable delays. There are often counterclaims by owners regarding defective work and for liquidated damages due to delay. Disputes between owners and architects/engineers regarding whether plans and specifications contained errors and omissions and whether the architect/engineer met the standard of care. Disputes between design-builders and owners regarding whether the design-builder met performance specifications. Disputes between contractors and subcontractors, where the subcontractors are seeking extra compensation due to out-of-scope work and the contractors are seeking recovery from the subcontractors for defective work and delays to the project.

My role as a mediator is to facilitate the settlement of a dispute. However, due to my extensive experience in the construction industry in chief legal officer roles, the parties usually want my evaluation of the strengths and weaknesses of their cases. Sometimes one or both attorneys for the parties want me to help them manage their clients’ expectations regarding what would be a reasonable settlement. I am very comfortable providing my input and I find it often results in a dispute settling more quickly. The construction industry relies on maintaining strong relationships between all the participants on a construction project. I try to emphasize the importance of maintaining relationships in the mediation. Lastly, if it will be beneficial and with the parties agreement, I will supervise the parties limited exchange of necessary information that will allow them to reach a settlement based upon concrete facts rather than allow the dispute to linger due to unsubstantiated speculation.

Recipient of the American Arbitration Association/ICDR 2025 Innovation and Technology Award. Willing to conduct arbitration hearings and mediations using on-line platforms such as Zoom Workplace and Microsoft Teams. In addition, willing to conduct hybrid arbitration hearings and mediations. Experience with issues and disputes arising from electronically stored information (“ESI”), including issuing protective orders regarding ESI. Willing to receive all submissions and evidence in electronic format. Paper submissions are neither required or desired. With a bachelor's degree in electrical engineering, very comfortable dealing with disputes involving technology. Have been involved with contracts and disputes (including as an arbitrator) involving technology. Very proficient with computer technology. Successfully completed Clearbrief Academy, May 2025.

Rutgers University (J.D., Rutgers Law Review; Rutgers Journal of Computers and the Law-Managing Editor - 1973); City College of New York (B.E.E., Eta Kappa Nu Honor Society for electrical and computer engineers - 1970).

Admitted to the Bar: New York (1974); U.S. District Court: Southern District of New York, Eastern District of New York.

American Bar Association (Construction Industry Forum, Dispute Resolution Section); New York State Bar Association (Dispute Resolution Section); Nassau County Bar Association (ADR Committee and Construction Law Committee); New York City Bar Association (Construction Law Committee). Member of the Nassau County Bar Association Alternative Dispute Resolution Advisory Council, which supervises the bar association's ADR program.

Has published and lectured on various construction and ADR topics. List of publications and speaking engagements is available on my website.

Hourly Rate: $800.00 Daily Rate: Not provided Study Rate: $800.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: Compensation rates, established by the AAA, are set forth in the applicable Consumer Mediation Procedures.

English

United States of America

Manhasset, New York