Mediator Resume

Has served as an Arbitrator in cases involving claims of discrimination based on race, age religion, disability; and wage and hour disputes on an individual class and collective basis under State and Federal Labor Laws. Has mediated employment disputes involving discrimination claims and breach of contract claims. Has also mediated numerous class and collective actions raising wage and hour issues under federal and state labor laws. Has more than 40 years experience as a labor and employment lawyer representing employers, and labor organizations in more than 200 arbitrations before contractor arbitrators in various industries in NYC. Has class action experience in large FLSA class actions in state court actions.

Kreismann ADR Services, LLC

Arbitrator, Mediator

Independent Employment and Labor Arbitrator and Mediator, Kreismann ADR Services, 2024 - Present; Senior Counsel, Paul Hastings LLP, 2022 - 2024; Senior Counsel, Kauff McGuire & Margolis, 2020 - 2022; Partner, Ogletree Deakins Nash Smoak & Stewart, 2013 - 2020; Partner, Blank Rome LLP, 2011 - 2013; Partner, Ford & Harrison, 2009 - 2011; Partner, Paul Hastings Janofsky & Walker, 1987 - 2009; Partner, Finley Kumble Wagner Heine & Underberg, 1981 - 1987; Attorney, Fellner Rovins, 1975 - 1981; Attorney, Cohn Glickstein Lurie Ostrin & Lubell, 1971 - 1975.

Employment Arbitrator Experience With over four decades of dedicated practice in employment and labor law, extensive service has been provided as an arbitrator, mediator, and litigator in hundreds of cases spanning federal and state courts as well as administrative agencies. This breadth of experience offers a unique perspective on workplace disputes and ensures that arbitration proceedings are conducted with fairness, efficiency, and a deep understanding of employment law. Wage and Hour Disputes: Substantial arbitration and mediation experience in matters involving wage and hour, overtime, misclassification, and independent contractor issues under the Fair Labor Standards Act (FLSA) and state wage and hour laws. A particular focus has been placed on disputes in the restaurant, hospitality, maritime, and retail industries, sectors often facing complex compliance and workforce challenges. Litigation Background: Service as lead litigator in complex multi-jurisdictional wage and hour disputes has fostered a comprehensive understanding of both the legal and practical dimensions of these cases, enriching the perspective brought to arbitration proceedings. Employment Discrimination: Broad expertise in discrimination claims, including disputes alleging age, race, gender, disability, religion, national origin, sex discrimination, and sexual harassment. This experience provides the ability to navigate sensitive and multifaceted issues with impartiality and rigor. Contracts, Covenants, and Benefits: Significant experience addressing disputes involving non-compete agreements, restrictive covenants, executive compensation, and employee benefits. Cases have included claims arising under ERISA and related statutory frameworks, requiring precise legal analysis and balanced decision-making. Labor Arbitration: Representation of employers, unions, and employees in arbitration proceedings involving contract interpretation, disciplinary actions, and termination disputes. This work has reinforced a reputation for carefully considering contractual language while balancing fairness and precedent in awards. Agency and Board Appearances: Appearances before the National Labor Relations Board (NLRB) and numerous federal and state agencies underscore a longstanding reputation for fairness, diligence, and legal acumen. Recognition has been earned for consistently delivering reasoned decisions grounded in both legal authority and practical workplace realities. Approach to Arbitration: Arbitration services are guided by a commitment to neutrality, thorough preparation, and thoughtful analysis. Complex disputes are managed with efficiency and sensitivity, ensuring that all parties are given a fair opportunity to present their positions. The combination of litigation, mediation, and arbitration experience provides a well-rounded perspective that promotes clarity, balance, and trust in the process.

For more than 20 years, mediation services have been provided in hundreds of complex disputes, resulting in efficient, fair, and lasting resolutions for individuals, businesses, and organizations. The mediation practice encompasses a wide range of matters, including: Employment Discrimination: Extensive experience resolving cases involving claims of age, race, sex, national origin, disability, and retaliation. Many disputes involved overlapping claims under federal, state, or New York City discrimination laws. Workplace Rights & Leave Laws: Successful mediation of claims arising under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA), with a focus on workplace accommodations and employee protections. Contract & Business Disputes: Significant background in mediating breach of contract cases, including matters involving non-compete agreements and trade secret issues. Wage and Hour Matters: Resolution of single-plaintiff, multi-plaintiff, and class or collective actions under the Fair Labor Standards Act (FLSA) and New York State wage and hour laws. Many of these matters have involved companies in the food service, restaurant, and manufacturing industries, balancing both operational concerns and employee rights. Disputes mediated have ranged from modest five-figure claims to high-stakes matters seeking damages in excess of two to three million dollars. Many cases were filed—or on the verge of being filed—in both federal and state courts. The mediation approach emphasizes: Practical Solutions: Focused on identifying creative, workable resolutions that address both legal rights and underlying interests. Efficiency: Helping parties avoid the significant costs, risks, and delays associated with extended litigation. Neutrality & Trust: Maintaining a fair and balanced process where all parties are heard and respected. Breadth of Experience: Proven ability to resolve matters ranging from individual claims to complex class actions and high-value corporate disputes. Over two decades of practice have established a reputation for persistence, patience, and results. Counsel and parties frequently note the ability to distill complex issues, manage heightened emotions, and maintain productive negotiations. Choosing these mediation services ensures the involvement of a seasoned neutral with in-depth knowledge of employment and business law, extensive case experience, and a proven track record of success in resolving disputes across diverse industries and contexts.

Mediated claims seeking damages for FLSA violations as well as violations of State overtime laws, including misclassification and off-the-clock claims and failure to pay overtime for work in excess of 40 hours in a week. Mediated breach of contract cases which have raised issues of whether the terminations were for cause or no-cause and has mediated cases involving non-compete and trade secret issues. Has mediated numerous cases alleging discrimination on the basis of race, age sex, national origin and disability claiming violations of Federal Discrimination Statutes, New York State Human Rights Law (Executive Law) and /or the New York City Human Rights Law. In addition, has mediated cases under the New York State Human Rights Law and the New York City Human Rights Law alleging Religious discrimination. Quite a few of the cases mediated have sought punitive damage and damages for emotional distress as well as attorneys’ fees. Has also mediated cases raising claims of violations under the New York State Corrections Law. Has experience mediating cases which have raised claims of violations of provisions under a collective bargaining agreement and claims alleging violations of ERISA and failure to make contributions to multi-employer benefit funds.

I believe that often the parties are in Mediation because they both want to find a way to resolve their conflict but can't get there on their own either because of client issues or similar problems. They need to have an outside source to facilitate the process. I attempt to diffuse those issues by first trying to narrow the issues which exist in the dispute. I do this by trying to put to remove the stumbling blocks that prevent the parties from grappling with the bigger issues. If one side is heavily reliant on a legal theory to support their adamant position, I work on addressing that and try to soften their resistance before we get into discussions of the financial issues which are always difficult to deal with. I think it helps the parties to know that there may be only one or two issues left when they are talking money. I will usually spend more time with counsel of the parties separately without their client present because I do not want to get between the attorney and their client. I will ask if they want me to meet with their client to help get to a certain point which they cannot persuade their client to get to. Because I have represented both management clients and individuals as well as labor organizations, I believe that my experience makes me very well suited to understand the issues that each side to the mediation is confronting and as a result I have greater credibility with the parties in working through these issues. I try to anticipate issues that the parties have not thought of or addressed drawing upon my prior experience as a mediator or an advocate in connection with the drafting of the releases and to avoid problems at a later date. I am reluctant to leave the mediation without a written agreement of some sort because I have seen too many settlements fall apart after the fact.

Conducts hearings and conferences via Zoom at the request of the parties. Is familiar with and has utilized LoopUp. Will conduct hearings in person or via Zoom at the request of the parties.

Brooklyn Law School (JD-1968); Queens College - City University (BA, Economics-1965).

Admitted to the Bar: New York, 1972; U.S. District Court: Southern and Eastern Districts of New York; U.S. Court of Appeals: Second, Fifth, Seventh and Ninth Circuits.

American Bar Association (Labor & Employment Law Section; Dispute Resolution Section); New York State Bar Association (Labor & Employment Law Section; Dispute Resolution Section). Member CPR Employment Disputes Panel: (LERA) Labor and Employment Relations Association.

New York City, Nassau County, Suffolk County, New Jersey, Connecticut, Pennsylvania, Massachusetts

Hourly Rate: Not provided Daily Rate: $3,500.00 Study Rate: $700.00/hr Cancellation: $3,500.00/Day Cancellation Period: 21 Days Comment: Travel time rate for time over 1 hour in each direction; Hourly rate of $500.00/hour (billed by tenths of an hour) for pre mediation conferences, review of documents and memoranda and follow up with parties

English

Ecuador; United States of America

New York, New York