Mediator Resume

Retired litigation partner of international law firm with over 25 years experience serving in more than 120 administered and ad hoc domestic and international arbitrations, most often as chair or sole arbitrator. Experienced in multi-party, high conflict matters. Has mediated hundreds of matters and willing to consider "mixed-mode" approaches, including mediation/arbitration ("med-arb") and arbitration/mediation ("arb-med"). Participates in mock arbitrations and related simulations and advises counsel who are advocating in arbitration and mediation. Advises on design of dispute resolution clauses and systems.

Levin ADR - Independent Arbitrator and Mediator

Attorney

Retired Partner, Covington & Burling LLP, 1999 - 2011; Director of Litigation, UBS Warburg (North America), 2001; Partner, Howard Smith & Levin, 1998 - 1999; Partner, Howard Darby & Levin, 1983 - 1998; Associate, Davis Polk & Wardwell, 1972 - 1983; Law Clerk, U.S. District Judge Murray I. Gurfein Southern District of New York, 1971 - 1972.

Twenty-five years' experience in high-conflict, multi-party disputes in the following categories: Securities, financial institutions, instruments and trading, hedge funds, derivatives, securities clearing, investor claims, investment management and broker-dealer issues. Mergers and acquisitions, including proxy and related issues, investment banker/client disputes, post-closing claims and corporate and partnership break-ups (including family-held businesses). Employment and partnership disputes (including investment, law, accounting, architecture, and design), corporate raiding, intellectual property, non-competition and non-solicitation, wrongful termination, compensation, defamation, race, sex, gender, and ethnic discrimination, FLSA and state wage and hour laws. Other domestic and cross-border commercial disputes, including public company auditing, insurance (including mortgage backed securities and M&A), banking, real estate, blockchain, digital assets, cryptocurrency, IT outsourcing, pharmaceutical, medical device, and other patent licensing, architecture and design, aviation, defense contracting, art and auctions, energy/power plants, waste management, false advertising, unfair competition, and internet-related claims. Civil rights, including claims by persons in state care. Family, divorce and other relationship disputes. In executive and investment disputes, experience includes interpretation of partnership and operating agreements, partnership accounting, tax, capital accounts, valuation, and other buy-out terms, as well as sensitive issues of performance and personal misconduct. From time to time may be employed as an actor, including in film and TV. Works as an actor under the name "JP Levin." SAG-AFTRA eligible.

Hundreds of domestic and international mediations, including public and privately held companies and partnerships. Multi-party, high-conflict disputes. “Mixed-mode" approaches, including mediation/arbitration ("med-arb") and arbitration/mediation ("arb-med"). Mock mediation and related simulations to enhance advocate preparation. Design of dispute resolution clauses and systems. Securities and Financial Services Disputes between state pension funds and investment banks, and between investment management firms and former employees. Disputes involving purchases of auction rate securities and contracts to sell securities. Also, securities clearing, investor claims, investment management, broker-dealer issues, hedge funds, derivatives, and financial instruments and trading. Mergers and Acquisitions Post-closing claims, corporate break-ups including family-held businesses, investment banker/client disputes, and proxy-related issues. Includes deal disputes, representations and warranties, earn-out provisions, indemnification claims, and valuation. Employment and Partnership High-level disputes involving global accounting firms and investment management firms with former employees. Extensive experience in investment, law, accounting, architecture, and design partnerships. Disputes involving corporate raiding, intellectual property, non-competition and non-solicitation, wrongful termination, compensation disputes, defamation, discrimination based on race, sex, gender, and ethnicity, and FLSA and state wage and hour claims. Expertise in sensitive issues involving alleged performance deficiencies and personal misconduct. Pharmaceutical and Medical Devices Patent licensing disputes between Japanese and U.S. pharmaceutical companies involving royalty calculations, milestone payments, and licensing scope. Disputes involving patents held by medical device manufacturers and conflicts between medical device manufacturers concerning technology transfers and distribution agreements. Manufacturing and Energy International disputes between turbine manufacturers. Disputes among owners of family-held manufacturing businesses. Distributorship termination and trademark infringement claims involving family-held distributor and large European manufacturer. Commercial jet engine repair and aircraft maintenance and repair agreements. International disputes involving suppliers and purchasers of equipment for transmission of electric power. Investment Disputes involving interpretation of partnership and operating agreements, partnership accounting issues, tax matters, capital accounts, valuation methodologies, and buy-out terms. Business break-ups and sensitive issues of partner performance and personal misconduct, including allegations of breach of fiduciary duty and misappropriation of partnership opportunities. Real Estate Dissolution between owners and developers of Manhattan real estate involving property valuation and exit mechanisms. Rights in commercial real estate joint ventures. Commercial lease disputes in Europe. Information Technology and Internet Disputes between hospital systems and providers of software systems. Trademark disputes between competitors in online businesses and between dating websites involving brand confusion and unfair competition claims. Trademark infringement of domain names. Insurance Disputes between issuers and insurers of mortgage-backed securities. Employment practices liability insurance disputes. Art and Auctions Disputes with customers and art brokers. Defense and Aviation Disputes between defense contractors. Aircraft maintenance and repair. Other Commercial Matters Cross-border and domestic disputes including banking, blockchain, digital assets, cryptocurrency, IT outsourcing, architecture and design services, waste management, false advertising, unfair competition, internet, e-commerce, and digital platforms.

In securities matters, the liability of the originator and sellers of mortgage-backed securities to the insurer of those securities and the liability of an issuer of cryptocurrency. In medical device and pharmaceutical patent matters, the scope and validity of licenses. In a trademark matter, issues relating to internet marketing. In commercial real estate matters, tax issues and rights of off-shore entities and individuals. In a distributorship termination matter, issues included enforceability of oral promises, course of conduct, custom and practice in the trade, breach of fiduciary duty and trademark infringement. In the break-up of a service business, issues included accounting for contributions to the business and determination of ownership interests, non-competition and non-solicitation. Contract issues are common to many mediations, as are questions of the amount and provability of damages. Particularly effective in high conflict situations and understanding relationship issues that often impede resolution, including relationships among individuals on one side of a mediation, such as differences between business associates (especially family members) and problems between lawyer and client.

The process belongs to the parties. It is their dispute and their resolution. The mediator should not force parties to confide particular matters or discuss particular issues. Nor should the mediator expand his role (e.g., engage in evaluative mediation) without the permission of the parties. At all times, the mediator should be truthful and candid with the parties and not bully or manipulate them. The mediator should use all of his or her experience, skill and expertise to assist the parties in imagining and considering potential resolutions. In doing so, the mediator should maintain an environment of respect. Recognizing that parties to a mediation are often inflexible at the outset, the mediator understands that discussing business interests and motives may ease the process of finding resolution and that this may take time. The mediation process should begin as soon as the mediator is authorized, and this may include telephone calls and/or meetings with the individual parties and their counsel well in advance of formal mediation sessions. In this way, the mediator is most prepared to take advantage of the time when the parties are together. The mediator is a "trusted stranger," but he must earn and continue to earn that trust, including trust in the mediator's commitment to the resolution of the dispute. The mediator should work hard to maintain momentum, which may mean frequent calls to the attorneys and parties. At the same time, the mediator must recognize when time needs to pass and when further efforts will not be helpful or may even be harmful. All along the way, the mediator may need to change approaches as the process unfolds.

University of Pennsylvania (JD-1971); Rutgers College (BA-1968).

Admitted to the Bar: New York (1972), New Jersey (1972); U.S. District Court: Southern (1972) and Eastern (1972) Districts of New York; District of New Jersey (1972) ; U.S. Court of Appeals, Second Circuit (1972); U.S. Supreme Court (1992).

Fellow, College of Commercial Arbitrators; Fellow, Chartered Institute of Arbitrators; CPR: The International Institute for Conflict Prevention and Resolution (Executive Advisory Committee; Arbitration Committee; Mediation Committee; Banking & Financial Services Committee); International Arbitration Club of New York; Member, Silicon Valley Arbitration and Mediation Center; American Bar Association (Dispute Resolution Section), New York State Bar Association (Dispute Resolution Section). Special Master of the Appellate Division, First Judicial Department (New York); Mediation Panel of the Commercial Division of Supreme Court New York County; Mediation Panel of the United States District Court for the Southern District of New York. Learned Hand (advisor to builder of AI tools for judges and arbitrators). Dramatists Guild.

"The 'Mini' Mock Arbitration - Arbitrator as Winning Advisor" April 29, 2026 https://www.levinadr.com/insights/2026-04-29-the-mini-mock-arbitration "Fixing 'Unfixable' Errors in Arbitration Awards," New York Law Journal, February 19,2026 "Designing Business Disputes: How Shall We Fight?" New York Law Journal, October 28, 2025 Actor in the Role of the Lawyer, "Representing Clients in Mediation / The Skills of Advocacy" / the New York Law School Alternative Dispute Resolution Skills Program, written by F. Peter Phillips, directed by David Stott. 2025. https://www.nyls.edu/academics/specialty-areas/centers-and-institutes/alternative-dispute-resolution-skills-program/representing-clients-in-mediation/ Presenter, Webinar: "Best Practices In Commercial Mediation," sponsored by Mediation Chambers and Resolve Academy, 2025 Judge, CPR International Mediation Competition," São Paulo, Brazil, 2023 Judge Judith O. Hollinger ADR Program Third Annual ADR Symposium, "Current Issues in International Arbitration," Speaker, USC Gould School of Law, 2018 Tutor, Fast Track Program to Fellowship in International Arbitration, Chartered Institute of Arbitrators, 2014, 2016 Faculty, New York State Bar Association, Commercial Arbitration Training, 2011, 2013, 2015-2017, 2020-2023 CPR Brazil Business Mediation Congress, São Paulo, Panel Member on Banking and Financial Services, 2015 Publishes essays and poetry on Facebook, Substack, and LinkedIn.

No charges for travel expenses for matters in New York City, Los Angeles, CA, and Sao Paulo and Rio de Janeiro, Brazil.

Hourly Rate: $975.00 Daily Rate: Not provided Study Rate: $975.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: The mediator offers the following alternative compensation arrangements: 1. $975.00 hourly rate for all aspects of the mediation, OR 2. Fixed rate of $20,000.00 for all aspects of the mediation for a period of 90 days beginning from the date of appointment. The hourly rate is charged for work after 90 days. Travel outside New York City charged for actual expenses.

English

United States of America

Brooklyn, New York