Mediator Resume

Highly experienced ADR professional based on 15 years as a New Jersey Superior Court judge following more than 20 years as a litigator. Tried hundreds of cases, both jury and bench trials, settled hundreds of cases. Judicial caseload included environmental matters, complex business litigation matters (both construction and commercial), multi-county cases (mass torts), state False Claims Act cases, multi-party cases, complex insurance matters, professional malpractice and employment matters, family disputes, and probate and general equity cases transferred from the Chancery Division.

Pashman Stein Walder Hayden P.C. - Special Counsel

Attorney, Retired Judge, Special Counsel

Special Counsel, Pashman Stein Walder Hayden P.C., 2024 - Present; Judge, Bergen County Superior Court, Civil Division, 2015 - 2024; Judge, Bergen County Superior Court, Family Division, 2010 - 2015; Judge, Hudson County Superior Court, Family Division, 2009 - 2010; Bar Examiner, New Jersey Board of Bar Examiners, 2001 - 2009; Bar Exam Grader, New Jersey Board of Bar Examiners, 1992 - 2001; Member, Thurber Cappell, 1999 - 2009; Sole Proprietor, Law Offices of Mary Thurber, 1991 - 1999; Associate, Lewis McKenna, 1986 - 1991; Judicial Clerk to NJ Supreme Court Justice Robert Clifford, 1985 - 1986.

EMPLOYMENT Handled employment disputes both as an attorney and a judge. Case types included wrongful termination, discrimination under state and federal law (age, gender, race, disability, national origin), whistle-blowing, non-compete agreements, wage and hour disputes, and ERISA. ENVIRONMENTAL Served as the designated Environmental Judge, handling all environmental cases in the Bergen County vicinage. Cases involved both state and federal environmental statutes and common law claims, public and private disputes, usually multi-party, as well as insurance coverage disputes. INSURANCE COVERAGE As a judge was assigned many complex insurance disputes, including environmental, construction, COVID, CGL policies, primary and excess issues, usually multi-party. COMPLEX CONSTRUCTION Handled construction cases as an attorney, former chair of the New Jersey State Bar Association Construction and Public Contracts Section, founding editor of newsletter. As a judge was assigned many complex construction disputes and served as the designated Complex Business Litigation judge, which included complex construction cases. Case types included all aspects of construction disputes, such as bid disputes; bond claims; contract disputes; disputes between and among general contractors, subcontractors, owners, design professionals, and third parties; personal injury cases on construction sites; construction defects; design defects; scheduling and delay claims; payment disputes; lien claims. Many of the cases involved multiple parties. COMPLEX COMMERCIAL Handled commercial cases as an attorney As a judge was assigned many complex commercial disputes and served as the designated Complex Business Litigation judge, which included complex commercial cases. Wide range of subject matters, including international business disputes; commercial leases; all manner of goods and sales disputes; shareholder claims; contract disputes of many varied types. TRUSTS AND ESTATES Handled many large estate litigation matters as an attorney. As a judge was assigned cases involving large trust and estate disputes, including cases transferred from the Chancery Division. Spent a semester abroad in 1977 at the Institute for American Universities in Aix-en-Provence, France.

As a judge, routinely held settlement conferences in most cases. These were specially scheduled and included pre-conference submissions and breakouts. These frequently involved multiple parties and multiple attorneys. For larger cases these often occurred over multiple days. Successfully facilitated settlement of many employment, professional malpractice, and family cases as well as multi-million dollar environmental, construction, insurance, commercial, and probate disputes. Representative issues below include both judicial settlements and private mediations. Participated in mediations as a practicing attorney in construction, contract, and family matters.

EMPLOYMENT Terminations of high-level executives and management level employees, discrimination claims under the New Jersey Law Against Discrimination, Americans with Disabilities Act claims, non-compete agreements, and whistleblower claims. ENVIRONMENTAL Responsible party disputes under the New Jersey Spill Act, allocations of costs, natural resource damages, evaluation and clean-up plans and agreements. INSURANCE COVERAGE CGL policy issues, construction jobsite coverage disputes, homeowner disputes, storm damage, warehouse coverage. COMPLEX CONSTRUCTION Condominium water damage cases, apartment construction disputes over contract performance, delay cases, architect and engineer liability issues. Multiple disputes concerning large mall construction. COMPLEX COMMERCIAL International disputes concerning technical services, manufacturing, goods disputes. Sales of businesses, warehouse agreements, joint ventures, family ownership disputes. TRUSTS AND ESTATES Family disputes concerning undue influence and capacity claims, professional negligence in planning, trust and will interpretation, trust management/mismanagement claims, property sales and valuations.

Frequently the process begins with a conference call or Zoom meeting with all counsel to address logistics, stipulations, and, when possible, agreement on what documents the mediator should review. Any history of settlement efforts is discussed. Although I will conduct mediations remotely if needed, I find in-person mediations more effective, with all decision-makers in attendance. I require submissions several days prior to mediation (earlier if voluminous), which are confidential unless the parties agree otherwise. These must include the parties’ summaries of relevant facts and law and a bona fide settlement position. In cases that warrant it, I will confer privately (ex parte) with parties and counsel in advance of mediation. Preparation of clients and management of expectations are critical to success. Mediation day usually begins with a joint session, which can include clarification of facts to ensure as much as possible a mutually agreed foundation for discussion. After that, the parties are usually broken out into separate rooms with their counsel, and I caucus with all participants separately. In some cases further joint sessions can be productive. That is very much a case-by-case decision. I find it critical for the participants to recognize that I fully understand the case and their positions. I take time with each side to establish rapport, listening closely and asking questions to ensure mutual understanding. I view the process as collaborative. I work with each side to consider positions advanced by the other side and how best to present their own positions, including consideration of the immediate and long-term goals of doing so, anticipating how the other side might react, and assessing how well it will advance the proponent’s goals. I am facilitative, but I provide my candid assessments of strengths and weaknesses to each side when in caucus. When parties engage a retired judge as a mediator, they usually expect to benefit from the judge’s experience and knowledge gained from seeing hundreds of cases to help them evaluate their case and their positions.

Comfortable with technology, familiar with Zoom and Teams remote platforms. Willing to conduct arbitrations by Zoom or hybrid, preference for in-person, especially in exhibit-heavy cases.

Rutgers School of Law (JD, with honors, Saul Tischler Scholar - 1985); Siena College (BA, magna cum laude - 1979).

Admitted to the Bar: New Jersey (1986), New York (1985).

Member, American Bar Association, Dispute Resolution Section, Senior Lawyers Division Alternative Dispute Resolution Committee; Member, New Jersey State Bar Association, President-Elect - Dispute Resolution Section, former chair and founding editor of Newsletter of Construction and Public Contracts Law Section, former General Council Delegate for Bergen County; Member, Bergen County Bar Association, ADR, Construction, and Environmental Committees, former State Bar General Council Delegate, former trustee; Member, Women Lawyers in Bergen; Member, New Jersey Association of Professional Mediators; Member, The Barry Croland Family Law Inn of Court; Member, The Justice Marie L. Garibaldi American Inn of Court for Alternative Dispute Resolution; Member, Claims & Litigation Management Alliance.

Frequent speaker for courthouse and bar association programs and CLE programs on myriad subjects. New Jersey State Bar Association, presenter, May 15, 2025, "ADR in Civil Matters."

Hourly Rate: $625.00 Daily Rate: Not provided Study Rate: $625.00/hr Cancellation: $1,500.00/Day Cancellation Period: 2 Days Comment: Cancellation fee may be waived. Travel costs will be charged.

English

United States of America

Hackensack, New Jersey