I have been involved in arbitration and mediation since the late 1980s. Each can be a very valuable tool in the dispute resolution toolbox; provided, of course, that your arbitrator, arbitration counsel, mediator, or mediation advocate knows when and how to wield the right tool skillfully.
Arbitration is an alternative to court-based litigation. It can have significant advantages over court-based litigation, one of which might be reduced cost. On the other hand, it can have disadvantages: consider, for instance, that the opportunities for appeal from an adverse arbitration decision are often very limited. When and how to use arbitration effectively, then, calls for experienced and knowledgeable counsel.
I have practiced in the arbitration setting as an advocate since the 1980s and have also served repeatedly as an arbitrator. Some of the highlights of my experience with arbitration are below.
I have represented parties in arbitrations in three types of matters:
Since the 1980s, I have represented broker-dealers and life insurers in arbitrations arising out of claims concerning financial transactions. These cases typically involved claims by investors against broker-dealers or claims by investors against life insurance companies concerning the investment features of life insurance products.
In the early years, these cases were heard before panels of arbitrators chosen by the New York Stock Exchange, the National Association of Securities Dealers and, in a few instances, the Philadelphia Stock Exchange. Later, the cases were heard before panels of arbitrators chosen under the rules of FINRA.
I have handled at least 30 such arbitrations, always as an arbitration advocate (i.e., have never served as a party or neutral arbitrator in these kinds of cases). References concerning the scope and quality of my experience are immediately available.
I have represented both claimants and respondents in insurance-related arbitrations over several decades. My roles in such matters have always been as an arbitration advocate. I have had fewer of these cases than those involving securities and financial products, but the property and casualty insurance arbitrations had higher dollar values at stake. References concerning the scope and quality of my experience are immediately available.
Since the late 1990s, I have been repeatedly involved in commercial arbitrations. Most often, my role was arbitration advocate. However, for one client I also acted multiple times as its party arbitrator. My experience in commercial arbitration also includes the confirmation and court-enforcement of arbitration awards. Again, references concerning the scope and quality of my experience are available immediately.
Mediation is one of the best methods available for resolving disputes of many types: everything from pre-litigation disputes, to pending litigation, to pending arbitrations, to appeals and similar post-outcome resolutions.
I believe that, used judiciously and wisely, mediation is the Swiss Army knife of the litigation toolbox. But to be used effectively, mediation requires three ingredients: parties who genuinely want to settle; counsel who understand the process and how to manage it, and, of course, a skilled mediator in who the parties and counsel have confidence.
I am an experienced mediation advocate and mediator. Some of the highlights of that background are below.
Below are summary descriptions representative types of mediations in which I acted as a mediation advocate. References from the entities and individuals I represented are available.
Last year, I had my first opportunity to serve as a mediator. The matter involved claims by life insurance trustees against a life insurance company, a life insurance producer, and a promoter of a life insurance strategy involving premium financing. Nearly all of the claims were settled in the face-to-face session and discussion of the single remaining claim continues. References from those who participated are available immediately.
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