Mediator Resume

Feliu Neutral Services, LLC - Principal

Attorney - Employment, Commercial, and ADR Law

Principal, Feliu Neutral Services LLC, 2016 - Present; Equal Employment Opportunity (EEO) Officer, Port of New York and New Jersey, 2005 - 2026; Founding Partner, Vandenberg & Feliu LLP, 1998 - 2016; Partner, Paul Hastings, 1991 - 1998; Associate, Paul Hastings, 1987 - 1991; Associate, Finley Kumble Wagner et al, 1985 - 1987; Associate, Benatar Isaacs Bernstein & Schair, 1984 - 1985; Law Clerk to Honorable Nina Gershon Magistrate Judge, Southern District of New York, 1982 - 1984; Legal Research Associate, Educational Fund for Individual Rights, 1981 - 1982.

For over 40 years, has represented individuals and businesses in all aspects of employment and commercial disputes in a broad range of contractual and commercial settings. Commercial: Mediated or arbitrated a wide variety of commercial disputes in a broad expanse of settings and industries. Representative claims in the commercial setting arbitrated to an award include: general breach of contract disputes in the commercial setting; restrictive covenant disputes; sports contractual and licensing disputes; breach of fiduciary duty; partnership disputes; investor and investment disputes; fraud and fraud in the inducement cases; business torts; misappropriation of corporate assets; conversion; shareholder disputes in privately-held corporate setting; minority shareholder disputes; stock, stock option, and stock vesting and valuation disputes; consulting and independent contractor disputes; real estate lease disputes; tortious interference; negligence; and, legal malpractice. Employment: Mediated or arbitrated several hundred employment disputes since 1996. Subject matter includes discrimination based on all protected categories, including sex, gender identity, race, age, disability, national origin, religion, citizenship status, familial and marital status, genetic characteristics, arrest and conviction records, and military history. This includes harassment and retaliation claims related to these protected categories and cases heard and decided under all major federal legislation and a number of state and local laws, including: FLSA and state wage and hour claims; Title VII; the ADA; ERISA; federal and state whistleblower statutes; the FMLA; and the ADEA. Common law claims heard and decided include: breach of employment contracts; executive and employee compensation and benefit claims, including severance, commission, stock valuation, and change of control claims; post-employment restrictions, including non-compete, non-solicitation, confidentiality obligations; defamation; breach of duty of loyalty and fiduciary duty; and fraud and fraudulent inducement claims. Class action experience as a practitioner, arbitrator, and mediator, including FLSA collective actions and state law class actions. Adjunct Professor, Manhattanville College, Graduate School of Professional Studies, 2013 - 2024; St. John's University School of Law, 2000 - 2001.

Appointed to AAA's Master Mediator Panel. Served as court-appointed mediator for the Southern District of New York from 1992 until 2025. Has mediated a broad variety of cases over 30+ years of service as mediator raising such issues as, by way of example only: wage and hour claims, including FLSA collective actions (including over 125 individuals mediations for a decertified class); discrimination, civil rights, and, retaliation complaints; harassment based on sex or other protected categories; general commercial matters; breach of partnership and employment agreements; restrictive covenant disputes; class and collective action matters; executive compensation and benefits disputes; partnership disputes; business torts; post-termination restrictions under non-competition and non-solicitation provisions; wrongful discharge claims, and; employee benefits or ERISA claims.

Mediated over 30+ years broad range of breach of employment and commercial contracts and partnership disputes, including: disputes involving limitations on post-employment activities; breach of fiduciary duty and duty of loyalty claims; security fraud disputes; investor fraud and misrepresentation claims; class and collective actions; allegations of discrimination and harassment based on sex, sexual orientation, age, race, national origin, religion and other protected categories; retaliation and whistleblower claims; breach of executive and employment contracts; executive compensation disputes, including stock option and stock valuation disputes, and; common law claims such as defamation, tortious interference, and negligence. The executive compensation cases have generally involved high-level executives' claims under incentive compensation, stock plans, and stock option agreements. The breach of contract cases often raise disputes over whether termination was for cause or was on a no-cause basis. Post-termination restrictions have generally involved alleged violations of non-competition or non-solicitation agreements and provisions. Has also mediated FLSA collective action cases, including misclassification and off-the-clock claims.

One of my greatest strengths is the breadth and variety of my experience. I represented management clients as a partner in a major international law firm; I represented both individuals and management for about 20 years as the founding partner of my own firm; I have been a mediator for over 30 years and an arbitrator since 1996. I bring to every mediation my varied and balanced experiences and perspectives. When appropriate, I am comfortable offering my perspectives on the issues facing the parties in the mediation. I endeavor to create an atmosphere in which the parties can work through their issues honestly and without fear of repercussion. When the parties are making good progress in the resolution of their dispute, I am comfortable in simply facilitating their discussions and in monitoring their progress. In contrast, when the parties' progress has slowed or is non-existent, I am comfortable interceding in whatever manner suits the circumstances. This can involve, for example, reality-testing, role-playing, and challenging the merits of the parties' positions. In the latter case, I do this with circumspection and generally when the parties invite such intervention. If asked and if the circumstances warrant, I am comfortable issuing a mediator's proposal. In sum, a successful mediation from my perspective is one in which an amicable resolution is reached with only that amount of intervention on my part as is required to bring the parties to the point that they can resolve the dispute on their own terms.

Comfortable conducting virtual mediations on Zoom platform.

Columbia University (JD-1981); Columbia College (BA-1978).

Admitted to the Bar: New York (1982); various federal appellate and district courts; U.S. Supreme Court (1999).

New York State Bar Association (Labor and Employment Law Section, Past Chair, current Executive Committee Member; Dispute Resolution Section); College of Commercial Arbitrators Fellow, also Executive Committee Member and Co-Chair of its Membership Committee; American Bar Association (Litigation and Labor & Employment Law Sections); Fellow, College of Labor & Employment Lawyers.

AAA Webinar, "Multiple Case/Mass Arbitration Filings", March 2023; CCA 2022 Annual Meeting, "Unconscionability in Arbitration Setting"; AAA 2023 Webinar: "Developments in Multiple Case Filings/Class Arbitrations"; Editor of ADR IN EMPLOYMENT, Bloomberg/BNA (publication date Winter 2014); Co-author/editor, RESOLVING EMPLOYMENT DISPUTES WITHOUT LITIGATION, BNA Books, 1988. Author, PRIMER ON INDIVIDUAL EMPLOYEE RIGHTS, 2nd ed., BNA Books, 1996; New York Chapter Editor for the following BNA Books: COVENANTS NOT TO COMPETE (2000--present), EMPLOYEE DUTY OF LOYALTY (2000-present), TRADE SECRETS (2000-2013), AND TORTIOUS INTERFERENCE WITH CONTRACT (2006-2012); Editor-in-chief, NEW YORK EMPLOYMENT LAW AND PRACTICE, published by New York Law Journal and American Law Media, 1999-2004; "Class Action Arbitration", CPR RESOURCE BOOK FOR MANAGING EMPLOYMENT DISPUTES (CPR 2004); co-editor, NEGLIGENCE IN EMPLOYMENT LAW, BNA Books, 2002; "Evidence in Arbitration: A Guide for Litigators", HANDBOOK ON COMMERCIAL LITIGATION, AAA/Juris (2010); "Discovery in Arbitration: How Much is Enough," HANDBOOK ON COMMERCIAL LITIGATION, AAA/Juris (2010); co-author, "The Role of 'Sex' in Same-Sex Harassment Claims," EMPLOYEE RELATIONS LAW JOURNAL, vol. 21, no. 4, Spring 1996; "Workplace Violence and the Duty of Care: The Scope of an Employer's Obligation to Protect Against the Violent Employee," EMPLOYEE RELATIONS LAW JOURNAL, vol. 20, no. 3, Winter 1995; founder and former Managing Editor of Paul Hastings' NEW YORK HUMAN RIGHTS LAW AND PRACTICE BULLETIN, 1995-98.

Greater New York City area.

Hourly Rate: $900.00 Daily Rate: Not provided Study Rate: $900.00/hr Cancellation: $4,500.00/Day Cancellation Period: 14 Days Comment: Cancellation Policy: Per Diem charge of five hours may be charged for cancellation if less than 14 days' notice is provided and mediation is not rescheduled. Minimum five-hour charge for mediation days. Study time is billed at an hourly rate. Travel time greater than one hour each way that cannot be used for other work is compensable at one-half the hourly rate (maximum four hours at half the hourly rate).

English

United States of America

New Rochelle, New York