Mediator Resume

Arbitrator, mediator, and attorney with 30+ years of experience in employment law, corporate practice, and dispute resolution. Former Chief Legal Officer, General Counsel, and in-house counsel to public, private, and not-for-profit companies. Subject matter expertise spans discrimination, retaliation, wrongful termination, wage and hour, executive compensation, and non-compete disputes. Bilateral experience representing both employers and individuals provides a balanced perspective as a neutral.

Lupo Dispute Resolution Services PLLC - Member

Arbitrator, Mediator, Attorney

Managing Member, Lupo Dispute Resolution Services PLLC, 2026-Present; Managing Member, Lupo Law, Arbitration & Mediation PLLC, 2014-2025; Managing Member, Lupo Law PLLC 2004-2014; Adjunct Professor of Law, Marist College, School of Management, 2021-2024; Judith S. Kaye Fellow, Historical Society of the New York Courts at George Jackson Academy, 2017-2018; General Counsel and Secretary, NYC Technology Development Corporation, 2017 (Secondment); Senior Counsel, John Gore Organization/Broadway.com, 2011-2012 (Secondment); Vice President, Chief Legal Officer and Secretary, eDiets.com, Inc. (NASDAQ: DIET), 2001-2004; Adjunct Professor of Law, Touro University School of Law, 2001-2005; Vice President, General Counsel and Secretary, DietSmart, Inc., 1999-2001; Senior Litigation Associate, Montfort Healy McGuire & Salley LLP, 1996-1999; Assistant Stage Manager, Vietnam Veterans Ensemble Theater Company, Actors Equity Association (AEA), 1988-1991; The Jacksina Company, Junior Publicist, 1988-1991.

Extensive background as General Counsel, Chief Legal Officer, and in-house counsel to public, private, and not-for-profit companies across technology, entertainment, consumer, eCommerce, retail, art, fashion and accessories sectors, including Broadway/live performance, software, and healthcare. In each in-house role, served as the primary legal resource for the full range of employment matters, including executive employment contracts, non-competition/solicitation and confidentiality agreements, hiring and separation, workplace investigations, and regulatory compliance, advising both the institution and its leadership on employment law obligations at every level of the organization nationally and internationally.

ADR professional since 1996. Employment mediation practice spans 1,000+ mediations. Claim values range from $5K (FLSA/New York Labor Law wage and hour) to $15M+ (executive compensation). Conducts in-person, virtual, and hybrid mediations, including multi-session and multi-party matters. Experienced in pre-mediation preparation, joint and caucus sessions, and impasse-breaking techniques. Extensive, varried training in facilitative, evaluative, and transformative mediation modalities, applying each across different matters and moments as the situation requires. EMPLOYMENT MEDIATION, FEDERAL STATUTORY CLAIMS Mediated claims under: Title VII (race, color, religion, sex, national origin discrimination; sexual harassment; hostile work environment); ADEA (discriminatory discharge, failure to promote, RIF); ADA (disability discrimination, failure to accommodate); FMLA (interference and retaliation); FLSA/NYLL (overtime, minimum wage, misclassification, collective actions); Equal Pay Act; Pregnancy Discrimination Act; WARN Act; NLRA; Title IX; Sarbanes-Oxley (SOX) whistleblower; Dodd-Frank (anti-retaliation); 42 U.S.C. Section 1981 (race discrimination); ERISA (benefits and separation agreement disputes). EMPLOYMENT MEDIATION, NEW YORK STATE AND CITY STATUTORY CLAIMS Mediated claims under the New York State Human Rights Law and New York City Human Rights Law encompassing: identity and characteristic-based discrimination (race, color, national origin, religion, sex, age, sexual orientation, gender identity, familial status including pregnancy and adoption); disability; marital, military, and immigration/citizenship status; arrest or conviction record (Fair Chance Act); unemployment status, credit history, salary history; height and weight. Wage and hour claims under New York Labor Law Parts 141, 142, 143, and 146 covering hospitality, building service, farm workers, and general industries. New York WARN Act; New York Paid Family Leave Law; Labor Law Sections 740 and 741 (whistleblower); New York City Earned Safe and Sick Time Act. EMPLOYMENT MEDIATION, COMMON LAW AND CONTRACT CLAIMS Mediated: wrongful termination; breach of employment contract (written agreements, offer letters, implied contracts); breach of implied covenant of good faith and fair dealing; fraudulent inducement; promissory estoppel; defamation in employment context; tortious interference; negligent hiring, supervision, and retention; breach of fiduciary duty by executive employees; misappropriation of trade secrets and breach of confidentiality agreements; enforcement and challenge of non-competition and non-solicitation agreements; breach of separation and severance agreements. Collective bargaining agreement (CBA) mediation in healthcare and Broadway/live performance industries. EMPLOYMENT MEDIATION, REPRESENTATIVE CASE TYPES AND ISSUES Mediated: executive compensation disputes at C-Suite and senior VP level with claims exceeding $15M+ (equity vesting, bonus, deferred compensation, severance); retaliation claims (internal complaint, EEOC charge, whistleblower activity, protected leave); unlawful termination of senior executives (constructive discharge, pretextual termination, RIF targeting); gender and pay equity (failure to promote, pregnancy, paternity leave); sexual orientation discrimination; race and national origin discrimination; religious discrimination (Shabbat observance, religious dress and grooming including Hijab, Sikh turban, and other religious garments); wage and hour (FLSA/NYLL, individual and collective actions, hospitality and farm workers); workplace harassment; equal pay. Has served as mediator, co-mediator, lead mediator, and global mediator.

I approach each mediation as its own matter, adapting my style and process to the specific needs of the parties, the nature of the dispute, and the dynamics of the day. I am not rigid or formulaic in my approach. Some matters benefit from structured joint sessions; others call for immediate and extended caucus work. I read the room and adjust accordingly, always with the goal of creating the conditions in which resolution becomes possible. Pre-mediation preparation is important to me. I review submissions carefully and conduct pre-mediation calls to understand the key issues, assess realistic settlement parameters, and identify any procedural or interpersonal dynamics that may affect the process. I believe that the mediator's role is to guide the process, and I work to help parties find their own resolution rather than steering them toward any particular outcome. At the same time, I am not passive. When parties are at an impasse, I am direct, creative, and persistent in exploring options that may break through barriers to settlement. Over 20 years as a mediator, my practice has evolved beyond the facilitative model, having educated myself in evaluative and transformative modalities, all of which I employ in different ways and at different times throughout the mediation process.

Available nationally in person and via videoconferencing. Experienced with Zoom, Microsoft Teams, and other virtual platforms for mediation sessions, pre-mediation conferences, and caucuses. Familiar with electronic document production, ESI management, and AI-assisted legal research and document review tools.

Touro College (JD, 1995); SUNY Stony Brook (MS, Political Science - 1991); Bard College (AB, Film - 1988). With honors & dean’s list.

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

College of Commercial Arbitrators (CCA), Associate; American College of Civil Trial Mediators (ACCTM), Fellow; New York State Bar Association: Dispute Resolution Section (Executive Committee & Chair-Elect), Commercial and Federal Litigation and Labor and Employment Sections; Association for Conflict Resolution: Greater New York Chapter; National Academy of Distinguished Neutrals (NADN), Fellow; American Health Law Association (AHLA); Labor and Employment Relations Association (LERA); Claims and Litigation Management Alliance (CLM).

• Generative AI in Arbitration: A Comparative Analysis of U.S., Canadian, U.K. and EU Approaches. New York Dispute Resolution Lawyer, (2026) VOL. 19, NO. 1 p. 33. • Blog Post: Should I Use Generative AI As An Arbitrator? College of Commercial Arbitrators (CCA). https://bit.ly/4sgOD7E • Panelist: 6th Annual Steven Bennett Memorial Arbitration Series: Hot Topics in Domestic Arbitration, AAA • Panelist: Mass Arbitration. NYSBA Labor & Employment and Dispute Resolution Sections Joint Meeting • Podcast: Impasse Breaking in Mediation. ABA. https://bit.ly/4uz9QLE • Panelist: 5th Annual Steven Bennett Memorial Arbitration Series: Hot Topics in Domestic Arbitration, AAA • Panelist: 4th Annual Steven Bennett Memorial Arbitration Series: Hot Topics in Domestic Arbitration, AAA • Panelist: Disclosure Dynamics in Arbitration, AAA • Podcast: Breaking Through Barriers with Damali: Resilience. Apple Podcast. https://bit.ly/4lBi6H3 • Moderator: The Case for DEI and Neutrality in ADR. New York State Bar Association • Podcast: The Precipice: Episode 4, Mediation. Professional Liability Underwriting Society (PLUS). https://bit.ly/4byu7Z4 • Panelist: Disclosure Dilemmas for Arbitrators, AAA • Trainer: Mediation, NYS Judicial Institute • Panelist: Subpoenas in Arbitration. NYSBA • Moderator: Mediator Selection. Commercial and Federal Litigation and Dispute Resolution Section Joint Meeting, NYSBA

New York City, Dutchess County, NY

Hourly Rate: $810.00 Daily Rate: Not provided Study Rate: $810.00/hr Cancellation: $3,500.00/Day Cancellation Period: 7 Days Comment: Compensation rates, established by the AAA, are set forth in the applicable Consumer Mediation Procedures.

English

United States of America

Staatsburg, New York