Mediator Resume

Lindabury, McCormick, Estabrook & Cooper, P.C. - Of Counsel

Arbitrator, Mediator, Discovery Master, Independent Investigator, Superior Court Judge (ret'd)

Of Counsel, Lindabury, McCormick, Estabrook & Cooper, P.C., 2020 - Present; Judge, Superior Court of New Jersey, 1993 - 2020; Woodruff & Dupuis, 1984 - 1993; Martin Margolis, P.A., 1982 - 1984; Assistant Prosecutor, Union County Prosecutor's Office, 1980 - 1982; Law Clerk to Hon. Vincent P. Biunno, U.S. District Court, District of New Jersey, 1978 - 1980.

Judge of the New Jersey Superior Court for 27 years, serving in the Civil Division for 12 years, Criminal Division for 3 years, Presiding Judge in the Family Division for 6 years and First Presiding Judge of Probate and Chancery for 6 years. Currently an Arbitrator and Mediator with American Arbitration Association for 5 years. Vice-Chair of the District XII Ethics Committee. Have presided over cases involving the following areas of law: Employment Actions - Family Medical Leave, Law Against Discrimination, sexual harassment, religious discrimination, ADA, whistleblower protection, CEPA, contracts, collective bargaining and grievance disputes regarding schools, employment manual disputes, and punitive disputes. Business Disputes - conducted bench and jury trials relating to complex commercial disputes including breach of contract, non-compete agreements, non- disclosure agreements, restrictive covenants, operating agreements, unjust enrichment, merger and acquisition, fraud, intellectual property, confidentiality agreements, restraint of trade, partnerships, unfair competition, misappropriation and joint ventures, franchise, interpretations of insurance contracts, joint venture. Equitable Actions - mortgage foreclosure, equitable liens, breach of fiduciary duty, enforcement of arbitration agreements, collective bargaining agreements, confirmation of arbitration agreement. General Civil Litigation- New Jersey Trade Secrets Act, New Jersey Computer Related Offenses Act, New Jersey Anti-Trust Act, products liability, New Jersey Environmental Protection Agency actions, Brownfields Act, Truth in Lending, defamation, insurance coverage, labor contacts, antitrust, premises liability, insurance coverage, commercial disputes, consumer laws, franchise, lemon law, truth in lending, bitcoin. Warranty claims relating to auto dealership disputes credit card disputes, Consumer Fraud action, non-compete cases re manufacture auto sales. Since 2020 have arbitrated or mediated more than 150 matters privately or as a Mediator appointed by the New Jersey courts or AAA. Matters include: Business, Divorce, Breach of Contract, Healthcare, Insurance Coverage, Malpractice, Employment LAD, Sexual Harassment, Negligence, Stock Valuation.

Conducted over 100 mediations/arbitrations in a broad range of areas since leaving the bench. Ample experience settling thousands of cases while on the bench. In an employment setting this would require identifying issues, identifying the unique goals of each party and assisting the parties in coming to a resolution that makes all parties feel as if they were heard.

Law Against Discrimination claim against major retailer by managerial employee. Issues in dispute included breach of employment contract with non-compete and restrictive covenants provisions as well as Law Against Discrimination claims of age and race discrimination. Law Against Discrimination claim by high ranking police employee of large metropolitan police force alleging violation of the New Jersey Family Leave Act N.J.S.A 34:11B-1, disability and retaliation under Law Against Discrimination. Wrongful discharge alleged under New Jersey Family Leave Act N.J.S.A 34:11B-1 against medical provider. Race discrimination in violations of Law Against Discrimination and Conscientious Employee Protection Act N.J.S.A. 34:19-1 alleged by plaintiff. Law Against Discrimination claim alleging sexual harassment and age discrimination against major trucking company. Suit by Information Technology company against former client for defamation. Law Against Discrimination claim alleging sexual harassment, constructive discharge, retaliation and Conscientious Employee Protection Act violations against an auto dealership. Law Against Discrimination suit against school district alleging sexually hostile environment and discrimination due to sex and age. Law Against Discrimination action alleging discrimination by school system after plaintiff returned from medical leave. The claimant alleged she was discriminated and retaliated against based on her perceived disability. Employee claim against health care company for wrongful termination in violation of the Conscientious Employee Protection Act after the employee notified regulatory authorities of irregularities. Mediated contract actions with multiple litigants including fourth party claims.

I request mediation statements in advance of the mediation session. I then call each attorney or pre se party and privately discuss with them the nature of the dispute and their expectations. At this point factual disputes may arise which can be cleared up in advance of the mediation (was an inspection completed). In this manner we do not waste time at meditation clearing up easily resolved disputes. On the day of mediation I speak to the attorneys privately to see if there have been any changes in position and to determine if they have a proposed method to guide the mediation process. I then speak to the clients to explain the mediation process. In this manner I learn as much as I can before the mediation begins. I also ask the attorneys if they wish to have their clients address me. Depending on the case I find clients may need to feel as if they are being heard before they can get in a compromise state of mind. I begin the mediation by caucusing with the individual parties. I generally ask the attorneys to question their clients and guide the discussion. I interject with questions as needed. I maintain my position as a neutral and do not opine as to my views unless asked by the parties. There is also an innovative approach to mediation, Early Dispute Resolution (EDR),where the parties agree to mediation once an answer is filed. The process takes no more than 30-60 days. “Sufficient information” is exchanged with the mediator’s assistance. This is not the usual full and expensive discovery. The parties value the cases, establish the probability of success on each claim and attempt to resolve their differences. Generally, all of the most important discovery has been exchanged. The parties can attempt to settle at this stage and if they are unsuccessful the case can continue to litigation as usual and again go to mediation after full discovery.

Seton Hall University School of Law (J.D. 1978); Chestnut Hill College, (B.A. English 1972).

Admitted to Bar: New Jersey (1978); United States District Court: District of New Jersey (1978); United States Supreme Court (2011).

American Bar Association; Federal Bar Association; New Jersey State Bar Association (Real Estate Section, Business Law Section, Family Law Section, Alternative Dispute Resolution Section); New York State Bar Association; Union County Bar Association; Essex County Bar Association; The Barry I. Croland Family Law Inn of Court; The Justice Marie L. Garibaldi American Inn of Court for ADR; The Richard Hughes Inn of Courts.

Frequent lecturer on Business Law for the New Jersey State Bar Association and Institute for Continuing Legal Education, Business Divorce, The Privately Held Businesses and Shareholder Relations, Restrictive Covenants, Valuing Closely Held Businesses); Lectured to New Jersey State Judges at the annual Judicial College and newly appointed judges training.

Hourly Rate: $595.00 Daily Rate: Not provided Study Rate: $595.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: Travel Policy: Will bill for reasonable out-of-pocket expenses (including Transportation, food, hotel and non-refundable cancelled tickets).

English

United States of America

New Providence, New Jersey