Mediator Resume

Previously, litigator with significant experience in labor and employment law. Former chair of the NY State Bar Association's Labor and Employment law section, and the author of Volume 13A of the New York Practice Series, "Employment Law in New York" (1st, 2nd and 3rd editions). Served as mediator and arbitrator and as counsel to participants in mediation or arbitration, particularly in employment, labor, wage and hour, contract, discrimination and other commercial litigation. Previously qualified in court to testify and have testified as an expert in employment related cases.

Abrams Fensterman LLP – Of Counsel

Attorney

Of counsel (since 2024)/Abrams Fensterman, LLP; 2010 - 2024 Attorney and Director of Employment Group, Abrams Fensterman, LLP, Partner, Boylan Brown Code Vigdor & Wilson LLP, 2007 – 2010; Partner, Jaeckle Fleischmann & Mugel LLP, 2005 – 2007; Partner, Underberg & Kessler, LLP, 1983 – 2005; Prosecutor, Monroe County District Attorney's Office, 1976 – 1983; Assistant Professor Business Law, Monroe Community College, 1990 – 2014.

-Primarily engaged in the above areas of law. Currently focusing practice (90%) on mediation and arbitration. -Extensive knowledge and practice in both federal and New York state employment law -Wage and hours claims -Sexual harassment claims -Discrimination claims -Non-compete and restrictive covenants -Experience with executive CEO contracts and executive severance agreements, including but not limited to benefits issues -Experience in claims involving questions concerning whether employees were properly treated as contractors in the manufacturing, restaurant and health care industries. -Experience with ERISA claims. -Experience with federal and State wage and hours and discrimination claims and with class and collective action claims. -Experience in NYS labor law whistleblower claims involving health care and other employers. -Experience with retaliation claims. -Frequent lecturer in employment law matters and has handled all types of employment related litigation, including discrimination cases, cases under the Fair Labor Standards Act, New York's Labor Law, Defamation and Tort Claims and contract claims. -Experience with both plaintiffs and management with the EEOC and other administrative agencies, and with the New York State Division of Human Rights. -Conducted workplace investigations, including sexual harassment claims. -Worked with the NYS Labor Department, representing management, and with OSHA. -Handled statutory labor disputes relating to the FLSA and New York's wage laws, as well as all types of discrimination claims. -Advised employers on matters concerning the Family Medical Leave Act. -Lectured at various workshops and seminars on employment related issues sponsored by Council on Education and Management, Cornell University, School of Industrial and Labor Relations and Monroe County Bar Association. -Wrote and supplemented the Treatise Employment Law in New York (Volume 13A of the NY Practice Series) for approximately 30 years Former Chair of the NYSBA Labor and Employment Section

Mediated a variety of cases, including commercial, employment, and matrimonial. Many of the cases mediated have involved discrimination claims, including racial, disability and gender. Several involved contract claims, and several have involved FLSA or wage related claims. Have also mediated conflicts among employees or among employees and management. Also trained in transformative mediation.

Some of the representative issues handled in mediation cases involve: 1) discrimination claims including racial, disability, age, national origin and gender; 2) sexual harassment claims; 3) claims involving discrimination where there is a reduction in force; 4) breach of contract claims, including severance pay and other benefits; 5) breach of contract issues including commission pay; and 6) partnership agreements.

I believe strongly in mediation. So long as the parties are invested in it, they feel comfortable with the process and sufficient time is devoted to it, most claims can be mediated to a successful conclusion. Often, communication is the most important part of the process. This may be the first time that one party has told the other about the claim. Providing a safe environment to exchange information builds a foundation upon which a resolution can be built. The mediator needs to be practical, but one with whom the parties will be comfortable. I am as comfortable with virtual mediation as with in person mediation.

Fully proficient; extensive experience in virtual hearings and technology.

Albany Law School (JD, Law Review Notes Editor-1975); University of New York at Albany (BA, Political Science, magna cum laude-1972).

Admitted to the Bar: New York (1976), District of Columbia (2008); U.S. District Court: Western (1976), Northern (1976), Southern (2010), Eastern (2010) Districts of New York; U.S. Court of Appeals, Second Circuit (1976); U.S. Supreme Court (1979).

Former Chair, New York State Bar Association, Labor and Employment Law Section, current member Executive Committee; Member, CLE Committee, New York State Bar Association; New York State Trial Lawyers Association; Greater Rochester Association for Women Attorneys; Monroe County Bar Association (former Trustee); American Bar Association; Fellow, College of Labor and Employment Law. 2025, member NYSBA Task force on Ageism in the Legal Profession.

EMPLOYMENT LAW IN NEW YORK (3rd ed. 2022); (Vol. 13A West Practice Series); EMPLOYMENT LAW IN NEW YORK, West Publishing, 2001; 2nd series 2010; co-author, Syracuse Law Review Employment Law 2007, 2008 and 2009; co-author, "Tracking Employees Using Technology," ACC DOCKET, 2009; Co-Author, EXPERT WITNESSES: EMPLOYMENT CASES, Thomson West, 2008; co-author, HANDLING EMPLOYMENT DISPUTES IN NEW YORK, Lawyers' Co-operative Publishing Company, 1995; "Family Leave Act Gives New Rights to Employee and Employer," NEW YORK STATE MEDICAL NEWS, November, 1993; "If Worker Sues, Don't Shut 'Open Door," ROCHESTER BUSINESS JOURNAL, Oct. 1993; "Employers Must Grapple with AIDS," ROCHESTER BUSINESS JOURNAL, March, 1993; "Penthouse, Harassment and the Law," ROCHESTER BUSINESS MAGAZINE, June 1992; "Courts Examining Rights of Disabled," ROCHESTER BUSINESS JOURNAL, August 1992; "Sexual Harassment Pitfalls for the Unwary Employer," ROCHESTER BUSINESS PROFILES MAGAZINE, February, 1992; "A Reasonable Women Standard," ROCHESTER BUSINESS MAGAZINE, November, 1991, HANDLING DRUNK DRIVING CASES, Lawyers' Co-operative Publishing Company, 1985; NEW YORK EMPLOYMENT LAW. SPEAKING ENGAGEMENTS: Frequent lecturer in employment law matters and at various workshops and seminars on employment related issues sponsored by Council on Education and Management, Cornell University School of Industrial and Labor Relations, and Monroe County Bar Association. Frequent sexual harassment trainings; AAA Bridging the Gap, Employment Arbitration and Mediation (January 2024); LERA, Ethics: Lawyers Serving as Third-Party Neutrals (June, 2024).

Western New York, including Rochester, Buffalo and Syracuse. Adept at conducting virtual mediation.

Hourly Rate: $475.00 Daily Rate: Not provided Study Rate: $475.00/hr Cancellation: $1,500.00/Day Cancellation Period: 14 Days Comment: Hourly rate charged for Western New York or $500/hour outside Western New York. Cancellation policy: 14 business days if one day is scheduled; 21 business days' notice if two consecutive days are scheduled; same fee for study/preparation/conferences and travel time. Reasonable expenses.

English

United States of America

Rochester, New York