Mediator Resume

Arbitrator and Mediator with extensive experience in commercial, health care and employment matters.

Mary K. Austin - Attorney at Law

Attorney, Arbitrator, Mediator

Owner, Mary K. Austin Attorney at Law, 2013-Present; Independent Contractor (part-time, health care legal services), Fox Rothschild, 2016; Senior Associate Counsel, UPMC, 2000-2013; Partner, Eckert Seamans Cherin & Mellott, 1987-2000; Associate, Reboul MacMurray Hewitt Maynard & Kristol (New York), 1981-1987; Associate, Chadbourne & Parke (New York), 1979-1981.

Extensive experience in commercial transactions and litigation as a commercial litigation partner, as well as in a broad spectrum of health care law as senior associate counsel in a major health care system. Experience includes corporate transactions including antitrust, complex commercial transactions, intellectual property litigation (typically trademark or tradedress), acquisitions and divestitures, payor provider and other insurance disputes, financial assistance programs, compliance and false claim issues, construction, employment, trademark and tradedress, physician practice acquisitions and divestitures, physician employment and contract matters, supervision of litigation, general counsel responsibility for various hospitals and physician practice groups, ethics and risk management consults, patient care and safety issues, medical staff and governance issues, investigatory and regulatory work, support of charitable foundation and charitable gift issues, HIPAA, real estate, and medical facility construction transactions. Litigation experience has included a broad range of complex commercial and health care related disputes (contracts, intellectual property, restrictive covenants and other employment matters, vendor disputes, whistle-blowing claims, class actions, patient care and access, professional liability and licensing matters, and hospital construction disputes). Extensive litigation experience as a litigation partner in a major law national law firm where cases included antitrust (including cases in the oil and gas and printing industries), complex commercial transactions (including a case involving a tolling agreement for the manufacture of highgrade plastics), contracts (including requirements and exclusive contracts), employment, restrictive covenants, trademark infringement, pre-emption, insurance, product liability, pension valuation, bankruptcy, and clerical abuse matters.

Approximately 100 mediations over the past 10 years. Mediations have been both in person and virtual on the Zoom platform. Broad range of experience, including: HEALTHCARE: Physician practice acquisitions and divestitures Contracts, including physician and nursing contracts and service agreements Payer provider and vender disputes Defective equipment claims Patient care issues Discrimination claims asserted against health care entities COMMERCIAL: Contract disputes, including vender, manufacturing and employee placement disputes Construction and real estate disputes Investment, financing and credit disputes Insurance coverage and tax disputes Professional fee disputes Tax Claims EMPLOYMENT: Wrongful termination, disparate treatment, and other employment related claims Sexual harassment claims ADA claims The types of parties involved in the mediator’s cases have included: Major corporations, including manufacturers, real estate companies, placement firms, retail chains, restaurants, and construction companies Hospital systems, physician practice groups Law firms Investment companies and lenders Insurance companies Schools Non-profit organizations Government agencies Individuals, including physicians and other health care providers, patients and their families, salespeople, managers, tenants, consumers, and case workers.

Breach of contract case claiming defective equipment supplied to a health care facility (international case mediated on the Zoom platform) Breach of contract claims involving the provision of emergency services to a health care system. Dispute following the sale of a medical practice and related employment issues Termination of a long-term lease in the context of delayed construction Mediation of a patient complaint about quality of care in an emergency room. Mediation of a dispute involving a claim of denied care in a health care context Employment terminations, including multi-plaintiff and multi-defendant disputes. Recent cases have frequently involved the termination of long-term and highly compensated employees Insurance coverage disputes. Sexual harassment claims, including cases against a corporate law firm, a restaurant, and a variety of other entities. Construction claim involving an innovative “smart” building.

Mediation practice is facilitative and energetic. Parties are provided with strong support and creativity throughout the mediation process. The mediator’s extensive experience as both inside and outside counsel is utilized to help the parties understand and analyze the relative strengths and weaknesses of their cases, as well as some of the consequences they may face by proceeding to litigation. A mediator’s proposal is generally not used, except as requested by the parties or in some cases where it is helpful to advance the parties toward their goals. In cases where settlement is not achieved expeditiously, the parties are assisted in continuing to negotiate.

Zoom hearings Successfully completed Clearbrief Academy, May 2025.

University of Michigan (LLB, cum laude-1979); Wellesley College (AB-1976)

Admitted to the Bar: New York (1980), Pennsylvania (1987).

American Health Law Association; American Bar Association; New York Bar Association; New York City Bar Association; New York Women's Bar Association; Allegheny County Bar Association.

"Negotiation in the Age of Covid 19 and Beyond -- The Mediator's Perspective" New York State Bar Association webinar presentation with Genesis Fisher, 2020; presentation repeated to a New York City committee in 2021. “The Value of Mediation and Arbitration in Healthcare” Federal Bar Association webinar with Lisa Brown and Marcia Adelson, 2019; “Rikers Island Training – Think Like a Mediator” presentation at the ACR-GNY (Association for Conflict Resolution of Greater New York) (co-presentation with Richard Brewster, Nina Martinez and Hillary Zilz), 2017; “Think Like a Mediator,” Mediate.com (co-authored with Richard Brewster, Nina Martinez and Hillary Zilz), 2017; “Mediation is the Best Medicine” presentation at the Pennsylvania Council of Mediators 2017 Annual Meeting (co-presentation with Marcia Adelson), 2017; “Mediation Is Particularly Suited to Health Care Disputes,” The Resolver (co-authored with Marcia Adelson), 2017; Presentation on dealing with disruptive physicians to the American Health Law Association, 2014.

Hourly Rate: $800.00 Daily Rate: Not provided Study Rate: $800.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: Travel expenses and travel time will be charged for mediations outside the City of New York.

English

United States of America

New York, New York