Mediator Resume

DelBello Donnellan Weingarten Wise & Wiederkehr, LLP - Senior Counsel

Attorney

Partner, Rand Rosenzweig Radley & Gordon LLP, 1987-2017; Counsel, Shaw & Reed, 1985-1987; Associate, Graubard Moskovitz McGoldrick Dannett & Horowitz, 1977-1985.

Over 45 years experience in federal and state litigation and arbitration. Participated in numerous hearings and trials, both inside and outside New York, involving commercial, corporate, partnership, limited liability company, real estate, employment, private international, domain name and intellectual property disputes. Substantial experience in acquisition, importing, licensing, franchising, and financing transactions. Counseled clients in the finance, internet, technology services, consumer products, metallurgical, chemical, food, nutrition supplement, apparel, real estate, retail, diamond and automotive supply industries.

Served as mediator since 1999 in the ADR program of the Commercial Division, Supreme Court, New York County. Since 2021, also served on the Commercial and General Civil/Tort ADR rosters of Supreme Court, Westchester County. Also active as mediator under the AAA rules. In the more than 25 years of mediation experience, mediated disputes between family members and shareholders in corporations holding commercial properties, between a software company and trading company regarding services performed and software delivered, between attorneys in a law firm, between a developer and consultant in a real estate project, and several disputes among owners, general contractors, subcontractors and their sureties on large and medium sized construction projects. In ad hoc mediation, mediated numerous construction disputes and a dispute between former partners in an import company.

Issues in construction disputes included failure to perform, change order approvals, delay damages, replacement work, accounting and time billing issues. Software disputes concerned issues of performance and delay. Shareholder disputes included issues regarding corporate governance, claims of oppression of minority interests and self dealing.

I believe in facilitative mediation to allow the parties to achieve their own settlement, rather than my attempt to impose one on them. Consistent with this philosophy, I try to obtain party agreement to the settlement process and the overall framework. Along the line, I suggest alternatives and stress flexibility, pointing out that there are ways to settle cases that are unavailable through judicial decision. I am aware that parties try to control their own destinies, and the control is simply better in mediation than is realizable through a decision by a judge or jury.

Handled hundreds of virtual meetings using Zoom and MS Teams. Also familiar with using AAA WebFile.

New York University (JD-1977); Princeton University (AB, cum laude-1974).

Admitted to the Bar: New York, 1978; U.S. District Court: Southern, Eastern, Western and Northern Districts of New York, Eastern District of Michigan; U.S. Court of Appeals, Second Circuit

American Bar Association (Sections of Litigation and Dispute Resolution); Westchester Bar Association (Chair, Ethics Committee 2020-2024); New York State Bar Association 1978-2021, Commercial and Federal Litigation Section (International Litigation Committee, Past Chair, former member of Section's Exec. Comm.) and Dispute Resolution Section.

Arbitration Clauses in Attorney Engagement Letters - Are They Enforceable? Can They be Unethical? (WCBA-NY program, Speaker, 2022); Co-Author, "Do New York's New Rules of Professional Conduct Really Change an Attorney's Obligations with Regard to Client Confidences?" Westchester Bar Journal (Winter/Spring 2012); Lecturer, "Ethical Considerations in the Context of Civil Litigation," New York Law School, 2004; co-chair and speaker, "Selected Issues in International Arbitration," New York State Bar Association CLE program, 1998; Panelist on Litigation and Arbitration Issues for ILT Program on Strategic Directions for International Practice (multiple years); principal author of NYSBA committee reports on Foreign Sovereign Immunities Act and the need for U.S. treaties harmonizing the recognition and enforcement of foreign country judgments.

New York City, Westchester, Putnam, Rockland and Nassau Counties, New York; Fairfield County, Connecticut; Bergen, Essex, Passaic, Hudson and Morris Counties, New Jersey; Palm Beach, Broward, Dade, Martin and St. Lucie Counties, Florida

Hourly Rate: $650.00 Daily Rate: Not provided Study Rate: $650.00/hr Cancellation: $3,000.00/Day Cancellation Period: 2 Days Comment: Cancellation policy: No charge if more than 48 hours' notice is given, otherwise four hours will be charged.

English; French

United States of America

White Plains, New York