Mediator Resume

Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, P.C. - Of Counsel

Attorney, Retired Trial and Appellate Judge

Of Counsel, Javerbaum, Wurgaft, Hicks, Kahn, Wikstrom & Sinins, P.C. (ADR practice group), 2018-Present; Judge, Appellate Division, Superior Court of New Jersey, 2009-2017; Superior Court of New Jersey, Union County (Civil and Criminal Divisions), 2005 – 2009; Morris County (Civil, Criminal and Family Divisions), 1986 – 1993; Partner, Tompkins, McGuire, Wachenfeld & Barry, LLP, 1994 – 2005; Assistant United States Attorney, District of New Jersey, 1978 – 1986; Assistant Counsel (Bond and Commercial Loan Department), Prudential Insurance Company, 1977-1978; Deputy Attorney General, New Jersey Department of Law and Public Safety, Criminal Division, Appellate Section, 1975 – 1977; Law Clerk to Hon. Richard J. Hughes, Chief Justice, Supreme Court of New Jersey, 1974 – 1975.

As an appellate judge, wrote approximately 100 opinions per year. Authored published opinions that addressed broad spectrum of issues, including employment discrimination, insurance coverage, administrative law, land use, professional malpractice, statutory claims including whistleblower actions, New Jersey Law Against Discrimination, Consumer Fraud Act and Open Public Records Act. As a trial judge, presided over jury and bench trials, managed cases in Civil, Criminal and Family divisions; Mt. Laurel judge for vicinage. Civil matters included business disputes, condemnation, professional malpractice, commercial and residential construction, consumer fraud claims and insurance coverage disputes. In private practice, handled motions, trial and appellate practice with concentration in professional malpractice, employment matters and insurance coverage. As Assistant U.S. Attorney, supervised criminal investigations and tried cases to conclusion, including as member of Organized Crime and Drug Enforcement Task Force. As deputy attorney general, represented the State in criminal appeals before Supreme Court of New Jersey and Appellate Division; prepared position paper for Attorney General and testified before New Jersey Senate on death penalty. As Law Clerk to Chief Justice Richard J. Hughes, prepared memoranda for Court and provided legal support for preparation of opinions.

United States District Court: mediation of employment claims against the United States. Chancery Divisions of Union and Morris County: mediation of business and property disputes. As trial judge, mediated the settlement of broad spectrum of matters, including multi-party cases, that included medical malpractice and other professional negligence matters, commercial disputes, insurance coverage matters, and personal injury cases.

Employment claims, including whistleblower actions, discrimination and sexual harassment, commercial and contract disputes, insurance coverage

To obtain maximum benefit from mediation, it is helpful for the parties to have a good understanding of the issues – legal, factual, and, in some cases, emotional, that shape both their controversy and the possible resolution of their dispute. It is important for the mediator to instill confidence in the litigants and their counsel that their positions have been heard and understood. This is accomplished through preparation prior to the mediation session and actively listening at the mediation session. With such a foundation, the mediator may make use of legal insights and experience to assist a party to recognize a resolution of the dispute that is acceptable, always appreciating that a settlement represents the parties’ success in resolving their differences.

Rutgers University School of Law (J.D. 1974); New York University (B.A. 1971).

Admitted to the Bar: New Jersey, 1974; U.S. District Court: District of New Jersey, 1974; U.S. Court of Appeals, Third Circuit; U.S. Supreme Court.

American Bar Association; New Jersey State Bar Association; Union County Bar Association.

Published opinions as Judge of Appellate Division, Superior Court of New Jersey (2009-17) Co-author, with Marie Lihotz, P.J.A.D. (ret.), of monthly column on appellate practice, New Jersey Law Journal Faculty, New Jersey Judicial College, Updates in Civil Law (2014-2016)., Panelist, Sidney Reitman Inn of Court, Appellate Practice Program (2020) Panelist, New Jersey Bar Association, Appeals from Arbitration Awards (2019), "What's Next after 'Me-Too'" (2018). Panelist, New Jersey Institute for Continuing Legal Education, Appellate Practice (2015). "A Novice's Introduction to e-Discovery in Arbitration," New Jersey Law Journal, April 2019.

New Jersey and Philadelphia

Hourly Rate: $600.00 Daily Rate: Not provided Study Rate: $600.00/hr Cancellation: $1,800.00/Day Cancellation Period: 10 Days Comment: Travel charge of $600 outside of New Jersey and Philadelphia.

English

United States of America

Springfield, New Jersey