Mediator Resume

Founder of Bierman ADR LLC, serving as an independent arbitrator, mediator, and dispute resolution advisor based in New York and Connecticut. Previously was a partner at Sidley Austin LLP, serving as head or co-head of the New York Litigation Group for 25 years and co-leader of the firm's global Complex Commercial Litigation practice. Have served as mediator or arbitrator in more than 200 cases, and have written and spoken extensively on dispute resolution. Brings more than 45 years' practical experience in helping parties achieve creative and lasting resolution of a wide range of business and other disputes.

Bierman ADR LLC - Independent Arbitrator, Mediator, and Dispute Resolution Advisor

Independent Arbitrator, Mediator, and Dispute Resolution Advisor, and Attorney

Arbitrator, Mediator and Dispute Resolution Advisor, Bierman ADR LLC, 2022 - Present; Partner, Sidley Austin LLP, 1986 - 2021; Associate, Sidley Austin LLP, 1983 - 1985; Associate, Dewey Ballantine Bushby Palmer & Wood, 1976 - 1983.

See separate description of experience as a neutral. Before becoming a full-time neutral, previously was a partner at Sidley Austin LLP, where headed or co-headed the firm's New York Litigation Group for 25 years, was a co-leader of its global Complex Commercial Litigation practice, and served on the firm's Executive Committee. Recognized by Benchmark Litigation as a New York and U.S. Litigation Star, Best Lawyers in America, and The Legal 500 in Commercial Litigation. Represented a diverse roster of corporate and individual clients in high-stakes commercial and corporate disputes (including claims of breach of contract, breach of express and implied representations and warranties, fraud, tortious interference with contract, breach of fiduciary duties, disputes among partners and joint ventures, and M&A and post-closing balance sheet disputes); financial claims and foreclosure of secured assets; debtor-creditor disputes, fraudulent conveyance, and Bankruptcy Code violations; consumer class action claims for false advertising, unfair competition, and deceptive billing practices, and data and privacy breach; shareholder securities claims under the ’33 and ’34 Acts and shareholder derivative claims; antitrust claims under the Sherman and Clayton Acts; RICO and conspiracy claims; insurance coverage disputes under property and casualty and M&A rep and warranty policies, and reinsurance disputes; breach of licensing agreements and misappropriation of trade secrets; provenance and ownership of fine art and music; employment claims including breaches of non-compete and non-solicitation covenants class and collective claims of employment discrimination.

Served as mediator in more than 150 cases, including individual, multi-party, and class and collective actions. Accredited as a mediator by the Centre for Effective Dispute Resolution (CEDR), certified in dispute prevention by the CPR International Institute for Conflict Prevention and Resolution (CPR), and a Fellow of the Chartered Institute of Arbitrators. Serve on multiple ADR rosters, including the American Arbitration Association’s National Roster of Arbitrators and Mediators and the AAA’s Consumer Panel, the CPR International Institute for Conflict Prevention and Resolution's Panel of Distinguished Neutrals (arbitrator, mediator, and dispute prevention), the Mediation Panels for the U.S. District Courts for the Southern and Eastern Districts of New York, and mediator rosters of the Supreme Court of the State of New York, including the Commercial Division for New York County, and Bronx and Westchester Counties. Received the 2024 Eighth Annual James Duane Award, presented by the U.S. District Court for the Southern District of New York for exemplary service to the Court as mediator and contributions to the rule of law. Serve on the S.D.N.Y. Mediator Advisory Committee and the E.D.N.Y. ADR Council. Served as Chair of the American Bar Association’s 2024 Advanced Mediation and Advocacy Skills Institute and as Chair of the 2023 Institute, and serve as Co-Chair of the ABA Dispute Resolution Section’s Mediation Committee and as Co-Chair of CPR’s Mediation Committee. Member of the Executive Committee of the Justice Marie L. Garibaldi ADR American Inn of Court, member of the ADR and Arbitration Committees of the New York City Bar Association, member of the New York State Bar Association’s Dispute Resolution Section, and member of the New York International Arbitration Center.

Mediated a wide range of disputes and issues, including claims of breach of a variety of commercial and consumer contracts involving purchase and sale of assets, goods, and services, leases of equipment and real property, distribution agreements, and non-compete and non-solicitation covenants; breach of representations and warranties, fraud, aiding and abetting fraud, breach of fiduciary duties; tortious interference with contract; misappropriation of trade secrets; defamation; employment discrimination based on gender, race, and national origin and violation of Fair Labor Standards Act; consumer claims including unfair trade practices and deceptive advertising; violation of housing laws; violation of racketeering (RICO); violation of securities laws; violation of Voting Rights Act, Civil Rights Act, and U.S. Constitution; violation of Americans With Disabilities Act; and amount of sanctions levied by court for discovery and other misconduct.

Mediation is a powerful tool that can forge a negotiated solution to the parties’ differences in lieu of the expense, uncertainty, and time involved in litigation and allow the parties to move forward with the dispute behind them. I take pains to ensure that the mediation experience is fair and respectful for all participants. I typically hold a pre-mediation conference with counsel to maximize the efficiency of the process and, when desired, separate conferences with each side, including parties with their counsel. At the mediation session, I strive to be a patient listener and to hear, truly, what all participants say, and to ask questions that help the parties identify issues and risks, explore options, and move toward a practical and acceptable solution. I see my role as facilitating a possible resolution, helping parties cut through posturing and noise to what really matters to them, adding my assessment of issues or the case where the parties request. The core mediation principle of party self-determination guides me: it is the parties’ dispute, and any negotiated solution must be party driven. I bring to bear my skills as a neutral and my four+ decades’ experience litigating a wide range of issues and disputes to assist the parties in arriving at a satisfactory resolution.

Have conducted more than 150 mediations on Zoom or other videoconference platforms and am skilled at managing remote proceedings involving multiple parties. Adept at utilizing electronically transmitted and stored exhibits and briefs. Proficient at using Excel and other spreadsheets.

Georgetown University Law Center (JD - 1976); University of Pennsylvania, Wharton School (BS, Economics, with honors - 1973).

Admitted to the Bar: New York (1977); US District Court: Southern District (1977), Eastern District of New York (1977); US Court of Appeals: 2nd Circuit (1988), 3rd Circuit (1988), 9th Circuit (1999); US Supreme Court (1988).

American Bar Association, Dispute Resolution Section: Chair, 2024 Advanced Mediation and Advocacy Skills Institute (and also Chair 2023 Institute), Co-Chair, Mediation Committee; Early Dispute Resolution Committee, Member. CPR International Institute for Conflict Prevention and Resolution (CPR): Co-Chair Mediation Committee; member of CPR Council. Fellow, Chartered Institute of Arbitrators (FCIArb). Centre for Effective Dispute Resolution (CEDR), Accredited Mediator. Justice Marie L. Garibaldi American Inn of Court for Alternative Dispute Resolution: Member of Executive Committee. New York State Bar Association, New York Dispute Resolution Lawyer (journal), Co-Editor in Chief; Dispute Resolution Section, Member; Arbitration Committee, Member; Mediation Committee, Member. New York City Bar Association, Alternative Dispute Resolution Committee, Member; Arbitration Committee, Member. New York International Arbitration Center (NYIAC), Member.

RECENT PUBLICATIONS: Co-Editor-in-Chief, The New York Dispute Resolution Lawyer (Journal of NYSBA Dispute Resolution Section) (2024-) Editor, “The Complex Commercial Litigation Law Review” and co-author of “New York” chapter (Law Business Research, 3d ed. 2021) “E-Commerce Litigation” chapter, “Commercial Litigation in New York State Courts” (Thomson Reuters, 5th ed. 2020; supp. 2024) "Arbitration Award of Attorneys' Fees Upheld in the Face of the 'American Rule': An Analysis of American Zurich Insurance Co. v. Sun Holdings, Inc.," in The New York Dispute Resolution Lawyer, vol. 17, no. 2 (Fall 2024) “Enforcing Mediated Settlement Agreements, or When Is A Deal Really A Deal: An Analysis of ‘Murphy v. Institute of International Education’,” in New York State Bar Association Journal, vol. 94, no. 5 (Fall 2022) “Hitting ‘Send’ May A Settlement Make: An Analysis of Philadelphia Insurance Indemnity Co. v. Kendall,” with Gaelle E. Tribie, in New York State Bar Association Journal, vol. 94, no. 2 (Spring 2022) “The Reach of Non-Party Arbitral Subpoenas May Not Be So Long: An Analysis of Broumand v. Joseph,” with Gaelle E. Tribie, in The New York Dispute Resolution Lawyer, vol. 14, no. 2 (Fall 2021) RECENT SPEAKING ENGAGEMENTS: Moderator, panel on “Great Expectations: Adapt, Prepare, and Anticipate to Enhance Mediation Outcomes,” 22nd Annual American Bar Association Advanced Mediation and Advocacy Skills Institute (October 2025) Speaker, “Strategic Preparation to Optimize Mediation Outcomes: Practical Tools for Mediators, Counsel, and Parties,” The New Possibilities Hour (June 2025) Speaker on panel, "Dispute Prevention: Moving from Theory to Practice," 2025 Annual Meeting of CPR International Institute for Conflict Prevention and Resolution (February 2025) Speaker on panel, "Online Mediation: Five Years In," Litigation Section of American Bar Association (January 2025) Moderator of panel, "Resolution Intelligence for Mediators, Advocates, and Parties: Practical Tools to Maximize the Experience and Results," 21st Annual American Bar Association Advanced Mediation and Advocacy Skills Institute (October 2024) Speaker on panel, "Mediating High Conflict, High Emotion Disputes," New York State Bar Association Dispute Resolution Section Fall 2024 meeting (September 2024) Moderator of panel, "Hard Decisions, Helpful Solutions: Strategic Decision Making for Mediators, Litigators, and Parties," 20th Annual American Bar Association Advanced Mediation and Advocacy Skills Institute (October 2023) Speaker on panel, "Preparing for Mediation: Best Practices for Lawyers," CPR International Institute Mediation Skills Training (October 2023) Speaker on panel, "Ethical Challenges in Mixed Mode Dispute Resolution," 2023 Annual Meeting of CPR International Institute for Conflict Prevention and Resolution (March 2023) Moderator of panel, “Changing Hats: Ethical Challenges in Mixed Mode Dispute Resolution,” at 19th Annual American Bar Association Advanced Mediation and Advocacy Skills Institute (December 2022) Speaker on panel, “Mixing Modes to Resolve Disputes,” Justice Marie Garibaldi American Inn of Court for ADR (September 2022) Moderator of panel, "Emerging Ethics Issues in ADR," Justice Marie Garibaldi American Inn of Court for ADR (April 2022) Moderator of panel, “Ethics in the Evolving World of Remote, Hybrid, and In-Person ADR,” 2022 Annual Meeting of CPR International Institute for Conflict Prevention and Resolution (March 2022) Speaker on panel, “Effective ‘Pre-suasion’ and Persuasion in Mediated Settlement Negotiations – The Subtle Science Behind Influence” 18th Annual American Bar Association Advanced Mediation and Advocacy Skills Institute (November 2021) Speaker, panel on “How to Represent Clients in Video and In-Person Mediations,” American Inns of Court (May 2021)

New York, NY and Fairfield County, CT.

Hourly Rate: $875.00 Daily Rate: Not provided Study Rate: $875.00/hr Cancellation: Not provided Cancellation Period: 3 Days Comment: Compensation rates, established by the AAA, are set forth in the applicable Consumer Mediation Procedures.

English

United States of America

New York, New York