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Mediator Resume

Hon. Elaine Gordon

Hon. Elaine Gordon

Professional Summary

Nationally recognized mediator and arbitrator since 2011. Practice includes complex, multi-party, high-value, and/or highly charged disputes. Selected as AAA Master Mediator. Arbitration Panels include Judicial, Large Complex Cases, Commercial, Employment, Healthcare, Real Estate. Connecticut Superior Court Judge for 23 years; broad legal expertise and strong case management skills. As a lawyer, tried civil and criminal cases in state and federal courts. Diplomate, National Academy of Distinguished Neutrals; Distinguished Fellow, International Academy of Mediators; SuperLawyers since 2014.

Current Employer-Title

Gordon ADR, LLC - Principal

Profession

Mediator, Arbitrator, Mass Tort Settlement Master, Retired Judge

Work History

Mediator and Arbitrator, Gordon ADR, 2011-present; Connecticut Superior Court Judge; 1988-2011; Private Practice of Law; 1982-1988; Outside trial counsel, City of New Haven 1982-1984; New Haven Legal Assistance Association 1976-1982. Trial Practice Instructor, Yale Law School; 1993-1994.

Experience

Arbitrator and mediator in multiple types of cases, in a wide variety of industries and endeavors. Experienced in complex and/or multi-party matters including the following areas: insurance, construction, commercial, municipal, and residential real estate development and leasing, joint ventures and partnerships, healthcare including doctors, hospitals, dentists, pharmacies, partnerships, third party administrators, health insurance, nursing homes, home health, medical devices, cannabis, public and private schools, higher education, hospitality, manufacturing, entertainment and media, broadcasting, publishing, pharmaceutical, utilities, legal services, retail and wholesalers, financial services and banks, accounting, private equity, intellectual property; banking and finance; defense contractors, hospitality, franchise, life sciences, non-profits, foundations, private/family offices, municipalities, automobile dealerships, police and fire departments, franchise, religious institutions.

Mediator Experience

Mediated several business dissolutions including: a clothing manufacturing concern; private equity firm; publishing business; medical practice; joint venture with foreign manufacturers; beauty supply business; and company with multi-million dollar licensing agreements. Mediated several construction disputes including: owners and contractors; contractors and subcontractors; owners, contractors and architects. Mediated several multi-million dollar personal injury claims, including: medical malpractice; product liability claims between manufacturers, distributors and users; gas explosions and electrical fires which involved utility companies, insurance and reinsurance companies; fatal railroad accident. Mediated several premises liability claims including assaults in apartment buildings, universities, and restaurants. Mediated several civil sexual assault claims made by minors against family members. Mediated several premises liability claims among owners, management companies and subcontractors. Mediated several employment cases including: claims of wrongful termination, non-compete agreements, theft of trade secrets. Mediated property division in many high asset divorces (up to $500 million) which included: art collections, real estate holdings, professional practices, trust assets, executive compensation plans, and closely held businesses. Mediated several contested wills among family members. Mediated several land use matters including: three easement disputes, neighbor opposition to a gravel pit, and boundary disputes. In 23 years as a judge, facilitated settlement in thousands of cases including multi-party litigation.

Representative Issues Handled as a Mediator

EMPLOYMENT: Multi-million dollar highly sensitive cases. Disputes included wrongful discharge, several forms of discrimination, sexual harassment and assault, whistle blower and retaliation, hostile work environment, highly compensated individuals, breach of contract, FSLA and FMLA claims, fraud, non-compete agreements, theft of trade secrets. COMMERCIAL: Disputes included breach of contracts, fiduciary duties, partnerships, joint ventures, theft, valuations, taxation, environmental, ownerships, contribution to business, executive compensation, contract interpretation, limited partnerships, minority shareholders, stock options and valuations, tortious interference, malpractice, venture capital and merger and acquisition, insurance and coverage claims, indemnification obligations. HEALTHCARE: Disputes included partnership and practice matters, payor and provider claims, TPA, ERISA, negligence, breach of contract and non-compete agreements. REAL ESTATE: Disputes included developers, investors, brokers, valuations, property damage, landlord and tenants, environment, government agencies, contractors, banks, partnerships, insurance claims, titles, nearby property damage. CONSTRUCTION: Disputes included owners, design professionals, general contractors, defective construction, suppliers, financial institutions, change orders, subcontractors, product substitutions, site conditions, injury liability, design defects, partnerships. PERSONAL INJURY: Disputes included catastrophic injury and wrongful death cases up to $40 million, mass torts, product defects, health facility death or serious injury, all types of physical injuries, defamation, invasion of privacy and other non-physical torts up to $100 million.

Mediator Style & Process Preferences

Mediation should allow parties to voice their interests and actively participate in the outcome of their cases. This active role makes mediation a more satisfactory experience for clients and their lawyers. Mediation should focus on problem solving and move beyond the rigid rules and limited remedies of litigation. Based on my years of experience as a judge, I am a friendly and empathetic listener. My goal is to build trust with the lawyers and their clients right from the beginning of the session. My questioning technique allows participants to feel that they are being heard while also introducing options and facilitating progress. I promise them that I will work very hard to obtain settlement and will not quit. If we reach an impasse, I continue to follow-up for as long as necessary to settle the case.

Technology Proficiency

All Arbitrations & Mediations are conducted remotely. National and International virtual arbitrations and mediations, via Zoom, including multiparty and highly sensitive matters. Familiarity with AI platforms (Claude/ChatGPT/Microsoft Copilot/ Grok) effective management of voluminous submissions and numerous exhibits in digital format.

Education

Northwestern University (BS, Journalism, Cum Laude, 1971; University of Connecticut School of Law (JD, High Honors, 1976).

Professional Licenses

Admitted to the Bar: Connecticut (1976); U.S. District Court, Connecticut (1977); U.S. Court of Appeals, Second Circuit (1982).

Professional Associations

International Academy of Mediators; National Academy of Distinguished Neutrals; Connecticut Bar Association; Connecticut Bar Foundation (Charter Fellow); New Haven County Bar Association; Middlesex County Bar Association.

Recent Publications & Speaking Engagements

Publications: For a complete list of publications please visit gordonadr.com; Connecticut Law Tribune 2012-2014; various ADR columns; 2014-present “Gordon ADR Insights.” Speaking Engagements: Connecticut Bar Association: 2024 “Effective Advocacy and Management in Arbitration, 2023 “Representation in Arbitration;” 2022 “Opening Numbers in Mediation;” American Bar Association , 2016; “Mediation Practice Tips;” 2014 Connecticut Bar Association video; ‘Professionalism and Advocacy", Connecticut Bar Association, 2007, 2009, 2011 ‘’Practice Tips” videos; NELA Convention, "Case Evaluation During Mediation;" Atlanta, 2015; York University, Osgoode Law School, "Strategies for Advanced Mediators "Toronto, 2015; "Connecticut Complex Litigation Dockets", Hartford County Bar Association, 2011; "Ethics, Professionalism and Advocacy", Connecticut Bar Association, 2007, 2009, 2011; "Arbitration and Mediation Advocacy," Connecticut Bar Association, 2011.

Compensation

Hourly Rate: Not provided Daily Rate: $6,000.00 Study Rate: $600.00/hr Cancellation: $3,000.00/Day Cancellation Period: 30 Days Comment: Remote Only. $3,000 charged for each day cancelled with less than 30 days notice.

Languages

English

Citizenship

United States of America

Locale

Westbrook, Connecticut