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Mediator Resume

Elaine E Feldman, Esq.

Elaine E Feldman, Esq.

Current Employer-Title

Mediator and Arbitrator for Alternative Dispute Resolution firm from 2005 to present.

Profession

Attorney, Mediator, Arbitrator

Work History

Attorney, Sole Practitioner, 1991 - Present; Attorney, Cohen Berke Bernstein Brodie & Kondell, 1988 - 1989; Litigation Attorney, Rubin Baum Levin Constant Friedman & Bilzin, 1985 - 1987; Attorney, Britton Cohen Cassel Kaufman & Schantz, 1980 - 1985.

Experience

Civil trial attorney, specializing in complex commercial litigation, banking including collection, secured transactions, contracts, insurance and real estate law in state and federal courts. Handled jury and non-jury trials and appeals. Served as the single arbitrator and chair of three-person panel in over 170 arbitrations. Securities arbitrator for FINRA. Arbitrated and have extensive mediation experience in matters including employment, contract and insurance disputes. Served as insurance umpire on property damage claims. Arbitrated breach of contract cases including employment agreements, healthcare, crop insurance, broker issues, insurance coverage, real estate matters including fraud in the inducement and the return of deposits. Arbitrated discrimination cases in violation of Title VII, failure to promote, ADA claims and claims for retaliation, failure to pay overtime wages in violation of FLSA, and FMLA claims. Served as chair in admiralty cases involving the Jones Act, seafarer personal injury claims, and unseaworthiness claims. Served as chairperson in healthcare matter between provider and management service organization.

Mediator Experience

Over 20 years of mediation experience and has conducted more than 4,000 cases in a wide range of fields including personal injury, family law, commercial litigation, employment law, contract and health care disputes. Mediated more than 600 insurance disputes regarding coverage issues, property damage, crop insurance due to adverse weather conditions, and unpaid benefits under disability and life insurance policies. Mediated more than 500 cases regarding loss of use, property damage and coverage issues as a result of hurricane damage and policy claims. Conducted more than 150 mediations involving real estate contracts between broker, seller and buyer and commercial lease disputes. Mediated insurance disputes regarding deceptive sales practices and fraudulent marketing of insurance policies as investments. Also mediated actions for negligence in procuring adequate insurance. Successfully mediated contract actions between developers, owners and contractors. Served on the EEO Mediation Panel and mediated cases including age, race, national origin discrimination and ADA cases. Member, Florida Bar Grievance Mediation and Fee Arbitration Program.

Representative Issues Handled as a Mediator

Insurance issues include coverage, amount of property damage, determination of disability and life insurance benefits and payment by providers in health care claims. The contract disputes involve interpretation, business issues including dissolution of partnerships, banking and lending, construction disputes, fraud in the inducement and mitigation of damages. Handled real estate foreclosure cases and broker and seller disputes. Specific cases in employment law include whether an employee was terminated for cause, age, race, natural origin discrimination and the issue of retaliation.

Mediator Style & Process Preferences

The goal of the mediator is to help the parties settle the case by encouraging communication and managing the process diligently, effectively and efficiently. It is important to understand the dispute and what the parties are saying and not saying. The mediator should assist the parties in evaluating the strengths and weaknesses of their case. When appropriate, the mediator can propose options or solutions to problems with the understanding the choice is always the parties. The attorneys need to be prepared for the mediation in order to evaluate the expectations of their clients and the possible outcomes of the case.

Technology Proficiency

Very experienced in using the Zoom online platform and available for arbitration and mediation via videoconference and teleconference.

Education

Brooklyn Law School (JD-1981); University of Miami School of Law (Visiting Student, 1980-1981); State University of New York at Stony Brook (BA, Psychology, with honors-1978).

Professional Licenses

Admitted to the Bar: Florida (1982); U.S. District Court: Southern District of Florida (1983), Trial Bar (1993); U.S. Court of Appeals: Eleventh Circuit (1982). Certified Circuit Court Mediator (1990); Certified Family Court Mediator (1990); Certified Federal Court Mediator (1993); Certified Special Education Mediator (1997).

Professional Associations

Florida Bar Association; Florida Bar Fee Arbitration Committee, National Association of Distinguished Neutrals.

Recent Publications & Speaking Engagements

University of Miami School of Law, Center for Ethics and Public Policy, 2009 and 2010. Volunteer Mentor for Women of Tomorrow. Mentor of the Year Award 2018.

Locations Where Parties Will Not be Charged for Travel Expenses

Dade and Broward County, Florida

Compensation

Hourly Rate: $500.00 Daily Rate: Not provided Study Rate: $500.00/hr Cancellation: $500.00/hr Cancellation Period: 5 Days Comment: Compensation rates, established by the AAA, are set forth in the applicable Consumer Mediation Procedures.

Languages

English

Citizenship

United States of America

Locale

Miami, Florida