Mediator Resume

Lentz & Gengaro LLP - Of Counsel

Arbitrator, Attorney, Mediator, Retired New Jersey Superior Court Judge

Of Counsel, Lentz & Gengaro LLP, 2018-Present; Mediation/Arbitration Of Counsel, Trenk, DiPasquale, Della Fera & Sodono, P.C., 2016-2018; Judge, Superior Court of New Jersey, 2005-2016; Shareholder, Simon, Sarver & Rosenberg, P.A., 1987-2005; Shareholder of Simon, Sarver, Friedman & Rosenberg, P.A., 1984-1987; Of Counsel, Simon, Sarver & Friedman, 1983-1984; Partner, Friedman & Rosenberg, 1978-1983; Associate, Partner, Friedman & D’ Alessandro, 1972-1978.

Engaged for 33 years in the private practice of law involving supervision of transactional, business matters and estate administration. Represented clients in every aspect of litigation, civil, both commercial and tort matters, chancery, family, probate and criminal trial work.

Since commencing an ADR practice, has mediated well over 1000 matters with a high percentage success rate in diverse fields among which are employment matters, insurance claims, real estate matters, contract disputes, estate issues, shareholder disputes, public entity issues and professional liability claims. While a sitting judge, served as the supervising judge of the Special Civil Part of the Law Division responsible for over 90,000 filings each year in Essex County, which is one of New Jersey's high volume counties and supervised cases involving auto warranty claims, credit card litigation, telecom issues, landlord/tenant and other consumer related claims with the responsibility for the mediation program staffed by community volunteers and law clerks which dealt with these cases prior to assignment for trial.

Employment law, personal injury claims including public entity tort claims and professional liability claims (legal and medical), insurance coverage questions, business law and estate/probate issues.

I view the purpose of the mediator to be a facilitator in moving towards resolution. Unlike, when I was presiding over trials, a mediator cannot say "call for the jury" or"call your next witness." In mediation, one should not weigh in with their personal opinion as that loses the trust and credibility of the mediator with one side or the other, if not both. Rather, the mediator should evaluate each argument of counsel and point out to them the strengths and weaknesses of each side in order to narrow the perspective and position of counsel to narrow the gap between parties, and hopefully to foster a settlement. Unless requested by counsel, I do not schedule a preliminary conference as I have found in my private mediation matters that most attorneys do not request nor expect to have a conference. After being retained, I know about the case by requesting a copy of the pleadings and docket sheet through the courts. I require confidential mediation statements three to five days in advance of the mediation so that I can learn about the case and what settlement discussions, if any, have occurred and can evaluate the position of each party. I begin each mediation session with a joint meeting unless the confidential submission might dictate otherwise. In that session which is mainly for the benefit of the litigants, who for the most part, have never been involved in a session wherein I explain what ADR is and how we will proceed. In order to gain the trust of the litigants, I provide my background and then a thumbnail sketch of the case. This is usually a 15-20 minute meeting before we move to breakout rooms where I exercise shuttle diplomacy moving between both sides and at times may be just with counsel or with counsel and their respective client. This process is continued until either we are able to achieve a resolution or at impasse. If there is a resolution, a short memorandum of settlement is prepared and executed by all participants or if by way of Zoom confirmed by email if execution is unable to be concluded due to any technology issues.

Conducts mediations both in person and on the zoom platform leaving the choice to the participating counsel and moves parties and counsel to breakout rooms and to the general session as may be required.

New York University, School of Law (Master in Law Program, 1973, 1974); Seton Hall University, School of Law (JD - 1972); Case Western Reserve University (BA, History and Political Science - 1968).

Admitted to the Bar: New Jersey, 1972

New Jersey State Bar Association (Member, Co-Chairman Judicial Administration Committee, 2018-2019); Essex County Bar Association; Essex County District Ethics Committee (VA - 2018-2025); American Board of Trial Advocates (ABOTA – Elected to Membership 2016; Brennan-Vanderbilt Civil Inn of Court Member/ Lecturer; The Justice Marie L. Garibaldi ADR Inn of Court Member; Barry Croland Family Inn of Court Member.

Administrative Office of the Courts, 2010; Baby Judges’ School Civil, 2010; Comprehensive Judicial Orientation Program Civil, 2015; Comprehensive Judicial Orientation Program Civil. Essex County Bar Association, Young Lawyers’ Section Handling Residential Real Estate Transactions. Institute for Continuing Legal Education (NJICLE) (CLE) courses 2007 Search and Seizure Update, Landlord Tenant 2011, 2012, 2014 and 2016, CLE Evidence 2017, 2010 Civil Court Rules Update, 2011 and 2012 Advanced Landlord/Tenant, 2017, 2018; Ethical Decision Making at Every Stage of Litigation, 2018; What I Wish I Knew (Young Lawyers Section) NJ State Bar Association, 2018.

Hourly Rate: $600.00 Daily Rate: Not provided Study Rate: $600.00/hr Cancellation: $500.00/hr Cancellation Period: 3 Days Comment: Compensation rates, established by the AAA, are set forth in the applicable Consumer Mediation

English

United States of America

West Orange, New Jersey