Mediator Resume

Arbitrator and Mediator

Self Employed, 2003-Present; Adjunct Professor, University at Albany, School of Business, 2001-Present; Adjunct Professor, Excelsior College (formerly The University of the State of New York, Regents College Degrees and Examinations), 1987-Present; Evaluator and Tutor, Empire State College, 1983-Present; Commissioner, Federal Mediation and Conciliation Service, 1974-2003; Lecturer (New York State School of Industrial & Labor Relations, Extension Division), Cornell University, 1977-1990.

Mediated over 1000 collective bargaining disputes in a variety of industries, including manufacturing, health care, pharmaceutical, utility, transportation, hospitality and government. In addition, have mediated numerous employment matters involving wrongful discharge, discrimination, workplace conduct and improvement, and other employment matters. Have also mediated cases involving environmental disputes, land use matters and other similar ventures. Finally, have mediated a number of personal injury cases and workers compensation/disability cases.

Representative issues in employment cases: payout for employee discharged for alleged age discrimination; damages against employer accused of sexual harrassment; settlement agreement in an alleged wrongful discharge; appropriate conduct for supervisory employee; discrimination in job assignments. Representative issues in personal injury cases: damages against a company who discriminated against customers on basis of race; damages against company who refused to accommodate a service dog; payment of claims for insurance carrier on a disability policy; payment of a claim for injuries sustained by a fall at a retail store. Representative issues in environmental matters: placement of a utility right of way; division of land and proper use between co-tenants; proper placement of roads; adjustments for water rights and waste water treatment. Representative issues in collective bargaining disputes: wages, health insurance (both amount of premium contribution and substance of plan); pensions; 401(k); seniority; job descriptions; grievance procedures; leaves of all types; and the other matters typically found in a collective bargaining agreement.

My mediation philosophy is to help the parties make decisions for themselves. In this role, I spend time to understand the parties' legal and practical positions and try to play "devil's advocate" to get them to re-analyze and re-think their strategy. I am extremely mindful that I am not a judge or an arbitrator. I understand that the parties know more about the case than I will ever know and probably have a sense of where it can settle. My role is to help the parties' representatives, together with their clients, reach a settlement.

Catholic University of America (JD-1974); Cornell University (BS-1970).

Admitted to the Bar: New York, 1975; U.S. District Court: Northern District of New York, 1975.

National Academy of Arbitrators; New York State Bar Association (Employment Law Section and Dispute Resolution Section); Association for Conflict Resolution; Labor and Employment Research Association, New York Capital District Chapter, Advisory Council, Past President), New York State Dispute Resolution Association.

"Practical Differences between Mediation and Arbitration, Labor and Employment Law Journal, Vol. 44, No. 1, Fall, 2019; “A Labor Mediator’s Perspective on Mediation,” Labor and Employment Law Journal, Vol 43, No 1, Fall, 2018; "A Comparison of Mediation and Arbitration," ACR RESOLUTION, Spring 2005; "A Labor Mediator's Perspective on Civil Mediation," NYSBA L & E NEWSLETTER, Winter, 2003; co-author, "Labor Negotiations and the International Arena," DISPUTE RESOLUTION JOURNAL, February-April 2002; "Lessons to Be Learned in Regulatory Negotiations," ALTERNATIVES, CPR INSTITUTE FOR DISPUTE RESOLUTION, vol. 18, no. 9, Part 1, November 2000, Part 2, vol. 18, no. 10, December 2000; "Is Interest Based Bargaining Really New?," DISPUTE RESOLUTION JOURNAL, February 2000; "Opinion: Critique of Third Party Decision-Making," DISPUTE RESOLUTION JOURNAL, August 1998; "What Mediation Can & Cannot Do," DISPUTE RESOLUTION JOURNAL, May 1998; "The Various Ingredients That Go Into Successful Regulatory Negotiations," DISPUTE RESOLUTION JOURNAL, vol. 50, no. 4, October-December 1995; "Negotiated Rulemaking in New York, Part II," NEW YORK STATE FORUM ON CONFLICT & CONSENSUS, vol. 2, no. 1, 1995; "The Realities of Win-Win (Interest Based) Bargaining," LABOR LAW JOURNAL, December 1994; "Mediation in the Resolution of Collective Bargaining Disputes," COLLECTIVE BARGAINING IN HIGHER EDUCATION, 1984, 2nd ed., 1994; co-author, "Training Russian Mediators: Advent of a New Era," UCLA Labor Institute, 1994; "Killington-Pico Mediation Project," RESOLVE, no. 25, 1993; "Addressing Environmental Disputes with Labor Mediation Skills," ARBITRATION JOURNAL, September 1992; "Labor Management Cooperation: A Critical View," LABOR LAW JOURNAL, May 1992; frequent speaker at area colleges and universities, business groups, etc.

Hourly Rate: $400.00 Daily Rate: Not provided Study Rate: $400.00/hr Cancellation: $1,800.00/Day Cancellation Period: 14 Days Comment: Reasonable travel expenses.

English

United States of America

Albany, New York