Mediation

Resolving the Complex Business CaseTM

I have conducted my mediation practice since 2002, focusing on business and healthcare cases. Mediation requires not only technical legal skills, but also the “softer” skills that years of negotiation hone: listening to what people really mean when they speak, reading them and their body language, understanding the underlying meaning of proposals.
“[G]reat job…You immediately understood the critical issues and strengths and weaknesses of both parties…[Y]ou gave my client a chance to be heard and to express his feelings about how he felt he had been treated…[Y]ou facilitated a settlement in a case I thought had no chance of settling.”
- Allen B. Grodsky, Grodsky & Olecki LLP
“The case has been pending for almost fourteen years...and there have been serious efforts – albeit unsuccessful – to settle the case prior to now…This was a hyper-technical case and you were able to bring to bear not only your excellent mediation skills, but your expertise and knowledge regarding tax matters - the combination which led to the successful mediation.”
- Stephen R. Toscher, Hochman, Salkin, Rettig, Toscher & Perez, P.C.
Representative Neutral Experience
General Business
  $70 million breach of warranty claim between an American food processor and a Korean manufacturer of refrigeration  equipment.
$40 million tax malpractice claim based on Big Four firm’s tax-shelter advice.
$50 million ERISA breach of fiduciary duty claim based on an investment adviser’s recommendation to a Fortune 500 company to invest in an offshore fund. Within months of the investment, the fund manager stole the entire fund corpus.
$50 million breach of contract claim by a Chinese customer against a U.S. designer/manufacturer of custom-developed equipment.
Many claims of securities fraud and director and officer breach of duty, including securities class action against public company and its directors based on the Chairman’s stock price manipulation scheme.
Many commercial real estate cases involving multiple lender priority issues and disputes among owners, lenders and contractors.
Many wrongful termination claims; sexual harassment claims; claims of discrimination based on age, sex and race; compensation disputes; breach of employment agreements; trade secret theft; and breach of noncompetition covenants.
Many so-called “business divorces” and other disputes among shareholders and partners.
Many intellectual property cases involving alleged infringement of electrical, mechanical and design patents; theft of know-how; trademark infringement; copyright infringement; and software piracy.
Many tax controversy cases involving federal, state and local taxes.
  
Healthcare
$40 million dispute between Florida hospital and its management company regarding which party bore the cost of high-priced specialty treatment drugs.
$20 million dollar dispute over whether a hospital had the right to curtail its ongoing royalty payments to a physician for the license of a medical device patent based on fraud and abuse concerns.
Multi-million dollar damage claim following Court of Appeals reversal of hospital governing body peer review decision.
Settlement consultant in derivative action by minority physician shareholders of management service organization against directors/majority shareholders who had created multiple corporate subsidiaries, each of which paid directors additional fees.
Many cases involving physician employment and compensation by hospitals and medical groups, a number of which raise patient referral issues.
Many medical and dental practice split-ups.
Many managed care disputes between payers and providers, including disputes over payment for out-of-network claims.