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Mediator Resume

Holly H. Weiss, Esq.

Holly H. Weiss, Esq.

Professional Summary

Employment arbitrator and mediator with unparalleled expertise in high-stakes financial services disputes. Since 2019, mediated or arbitrated hundreds of employment and employee benefits disputes (e.g., discrimination (race, sex, age, disability, pregnancy, religion, national origin), sexual harassment, retaliation, whistleblower, executive compensation, bonus disputes, ERISA, wage and hour (FLSA, NYLL, misclassification, overtime), breach of contract (restrictive covenants, termination, etc.)). As a former Partner at Schulte Roth & Zabel, litigated and settled high-stakes, financially significant, and emotionally charged disputes over nearly three decades.

Current Employer-Title

HWH Mediation LLC - Founder Cardozo School of Law Mediation Clinic - Adjunct Clinical Professor Tanenbaum Center for Interreligious Understanding - Board Member

Profession

Arbitrator, Mediator, Attorney

Work History

Founder, HWH Mediation LLC, 2020 - Present; Adjunct Professor, Cardozo Law School Mediation Clinic, 2022 - Present; Partner, Employment & Employee Benefits Department, Schulte Roth & Zabel, 2003 - 2020; Associate/Special Counsel, 1999 - 2002; Associate, Litigation Department, Sullivan & Cromwell, 1991 - 1999.

Experience

Schulte Roth & Zabel LLP (1999-2020) Partner, Employment & Employee Benefits Department (2003-2020) --Represented major financial services institutions—including leading hedge funds and private equity funds—and others, in sophisticated employment and partnership matters. --Litigation Excellence: Successfully litigated complex disputes involving restrictive covenants, executive compensation, discrimination (race, sex, age, disability, pregnancy, religion, national origin), sexual harassment, retaliation, whistleblower claims, partnership disputes, fiduciary breaches, and contract claims in federal and state courts, before administrative agencies (EEOC, DOL, FINRA), and in arbitration. Litigated and arbitrated cutting edge ERISA matters including withdrawal liability disputes. --Strategic Advisory: Counseled clients on employment law compliance, executive and employee hiring and separations, compensation structures, partnership agreements, management company structuring, workplace investigations, and dispute prevention strategies. Sullivan & Cromwell LLP (1991-1999) Associate, Litigation Department

Mediator Experience

Case Volume & Success --More than 300 employment mediations completed since 2019 across federal courts, state courts, administrative agencies, and private forums --Described by clients as "patient, respected, and effective" and "highly respected by employee and management attorneys alike." Known for understanding the attorney-client relationship and the interests driving all parties in complex negotiations. Representative Cases & Matters • Employment discrimination (race, sex, age, disability, pregnancy, religion, national origin) • Sexual harassment, hostile work environment, and retaliation • Whistleblower claims and wrongful termination • Executive compensation bonus disputes • Restrictive covenant enforcement (non-compete, non-solicit, trade secrets, confidentiality) • Wage and hour disputes (FLSA, NYLL, overtime, misclassification) • Partnership disputes • Class and collective actions • Contract breaches and fiduciary duty claims • Multi-party disputes involving complex business relationships Industries & Sectors • Financial Services • Retail • Real Estate • Professional Services • Hospitality

Representative Issues Handled as a Mediator

• Employment discrimination (race, sex, age, disability, pregnancy, religion, national origin) • Sexual harassment, hostile work environment, and retaliation • Whistleblower claims and wrongful termination • Executive compensation and bonus disputes • Restrictive covenant enforcement (non-compete, non-solicit, trade secrets, confidentiality) • Wage and hour disputes (FLSA, NYLL, overtime, misclassification) • Partnership disputes • Class and collective actions • Contract breaches and fiduciary duty claims • Multi-party disputes involving complex business relationships

Mediator Style & Process Preferences

"The table is set before the guests arrive." Holly's mediation process is customized, thorough, and efficient. She invests time before the mediation session in pre-mediation communications with counsel to: • Identify key disputed issues and barriers to settlement • Understand factual and legal disputes from all perspectives • Explore potential creative and practical solutions • Address concerns about timing, case posture, and party dynamics • Design a mediation process tailored to the specific needs of the case During mediation, Holly creates an environment where everyone involved is civil, patient, and respectful. She balances facilitative and evaluative approaches as appropriate, allowing adequate time for productive negotiations while maintaining efficiency. Her trustworthiness, persistence, and empathy are central to her effectiveness.

Education

University of Virginia School of Law (J.D. - 1991); Emory University (B.A. - 1987).

Professional Licenses

Admitted to the Bar: New York (1992); U.S. District Courts: Southern and Eastern Districts of New York; U.S. Court of Appeals, Second Circuit; U.S. Tax Court; U.S. Supreme Court.

Professional Associations

Fellow, American College of Civil Trial Mediators (ACCTM); New York State Bar Association (ADR Section, Co-Chair of Domestic Arbitration Committee, Labor & Employment Section); New York City Bar Association (ADR Committee, Labor & Employment Committee); ACR-GNY (Association for Conflict Resolution - Greater New York).

Recent Publications & Speaking Engagements

Recent Articles • "The Common Law of the Playground and the Rules of the Arbitral Game: A Lesson from Eletson Holdings v. Levona Holdings Ltd," New York Dispute Resolution Lawyer (NYSBA), Vol 19, No. 2 (2026) • "The Benefits of Mediating Your Restrictive Covenant Dispute," New York Dispute Resolution Lawyer (NYSBA), Vol. 18, No. 2 (2025) • "Employment Law Practitioners Can Increase Diversity, Equity and Inclusion in Employment ADR: Why and How They Should," NYSBA Labor and Employment Law Journal, Vol. 47, No. 1 (2023) • "What Employment Neutrals Should Know About Employee Benefits," AAA Dispute Resolution Journal, Vol. 76, Issue 3, pp. 23-36 (2023) • "Lamps Plus' Ruling Narrows the Availability of Class Arbitration," New York Law Journal (May 2019) Treatises & Practice Guides • Co-author, Hedge Funds: Formation, Operation and Regulation (ALM Law Journal Press, 2022) • Contributing author, Private Equity Funds: Formation and Operation (PLI) • "Hedge Fund Employee Compensation," Practical Law (February 2019) • "Start-Up Businesses and Growing Companies: Key Employment Law Issues (NY)," LexisNexis (May 2019) • "Mandatory Arbitration Agreement Drafting Checklist," Lexis Practice Advisor (April 2018) Regular Columnist Co-authored regular column for New York Law Journal on arbitration and employment law issues, covering Supreme Court decisions and emerging legal developments. Speaking Engagements (Selected) 2023-2025 • Panelist, "From the Minds of Mediators: How to Prepare for and Mediate an Employment Law Case," NYC Bar Association (September 2025, June 2024) • Panelist, "Employment Mediation," NELA-NY Fall Conference (Fall 2024) • Moderator, Case Management Panel, 25th NYU Employment Law Workshop for Federal Judges (September 2023) • Moderator, Tanenbaum Religious Diversity Leadership Summit, "Religion in the Workplace" (May 2023) • Commentator, 75th Annual NYU Conference on Labor & Employment Law (May 2023) • Commentator, NYU Labor Center 3rd Student Scholarship on Labor & Employment Law (May 2023) Prior Notable Presentations • "Effective Employment Law Arbitration & Mediation," NYU Labor & Employment Law Center (March 2022) • Featured speaker, Tanenbaum Religious Diversity Leadership Summit (May 2018) - discussing Supreme Court amicus brief • Goldman Sachs 12th Annual Hedge Fund Human Capital Management Seminar • McLagan Alternative Asset Management Fall Conference • Benchmark Women in Litigation East Conference • PLI Internal Investigations • NYU Center for Labor and Employment Law Annual Conference

Locations Where Parties Will Not be Charged for Travel Expenses

New York City

Compensation

Hourly Rate: $800.00 Daily Rate: Not provided Study Rate: $800.00/hr Cancellation: $6,400.00/Day Cancellation Period: 21 Days Comment: If outside of New York, travel and lodging expenses will be charged. Minimum charge for an 8-hour hearing day is $6,400. Additional hours are $800 per hour. Cancellation less than 21 days prior to a scheduled hearing date is $6,400 per day.

Languages

English

Citizenship

United States of America

Locale

Westhampton Beach, New York