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Arbitration & Mediation


Service as arbitration panelist, chair or sole arbitrator in disputes in the real estate, construction, and securities industries and commercial and contract disputes in other industries. Mediator in a range of disputes and conflicts both between corporations and individuals and within partnerships. Service in ad hoc disputes and in cases administered by American Arbitration Association, Financial Institutions Regulatory Authority and the CRE Real Estate Dispute Resolution Program.

Choosing a Process to Resolve a Dispute: Depending on the context of a specific dispute, one or more of the core methods of dispute resolution--negotiation, mediation, arbitration or litigation--may provide the highest probability of dispute resolution on a timely and cost effective basis.

Other available techniques, useful at appropriate times, include fact-finding, case evaluation, deal mediation, conciliation, non-binding arbitration, med-arb, appraisal proceeding, partnering and dispute review board. Often, cases are private and results are undisclosed.

Real Estate Industry: disputes involved property types such as land, office buildings, shopping centers and free standing retail outlets, multi-family, hotel, multi-use, industrial, distribution and special purpose properties. Such cases variously involved real estate assets held in fee simple estates, leased fees, leasehold estates, “sandwich” positions, sub-lease positions, fractional and partial interests and renewal and purchase options. Disputes included such issues as appraisal/valuation, highest and best use, re-setting of market rents for ground and space leases for renewal terms, property management contracts, landlord-tenant disputes involving use clauses, operating expenses and their apportionment between landlord and tenant; real estate and construction loan disputes; measurement of damages; partnership disputes; real estate brokerage commissions; standards of due diligence for the purchase and sale of real estate investment property; standards of practice for real estate lenders and borrowers and for real estate brokers and clients. His monograph Structuring Real Estate Arbitration Clauses: A Neutral’s Perspective has been adopted for use in educational programs of the Practising Law Institute and The University of California/State Bar of California continuing legal education programs. The monograph may be downloaded in pdf format in the adjacent left margin.

Construction Industry: disputes have involved business issues such as timely completion in accordance with plans and specifications and agreed upon construction costs, appropriateness of change orders, business interruption, measurement of damages and lost profits; standards of practice for construction lenders and borrowers.

Banking, Finance and Securities Industries: conflicts have included standards of practice for lenders and borrowers, stock brokers and general and limited partners, investment account management, appropriate investments, syndications and tax shelters and issues of compensation and appropriate or inappropriate termination of investment professionals; loan defaults and repayment issues.

Other Industries: contract disputes involving goods and services, compensation issues, appropriate or inappropriate termination of employees and contract vendors in the information technology, manufacturing, maritime and soft goods sectors.