What is your current position at Cardozo Law School?

I have held the post of Distinguished ADR Practitioner in Residence for the Kukin Program since 2009.  I am honored to be a part of Cardozo’s distinctively vibrant community, whether it is working with Professor Love, participating in the various Kukin Center activities, or helping the Cardozo Journal of Conflict Resolution students with their paper topics as their faculty advisor.

What made you enter the arbitration field?

As a young associate at Davis Polk & Wardwell LLP, I was eager to get ADR experience but found this difficult as a part of a large team of litigators. I spoke with a colleague at the firm who suggested serving as an arbitrator as a way to get hands-on experience.  Throughout my decades of law practice, I took on a handful of arbitration cases each year as arbitrator until making arbitration and mediation my primary focus around 10 years ago. Since, I have spent most of my professional time as an arbitrator and, after a while, also as a mediator.  I am very active in the ADR section of the state bar association as well as teaching and writing in the ADR area.

What are some of the differences you have experienced between ADR practices and litigation?

I find that arbitration and mediation are beneficial to lawyers and parties because it is more expeditious and cost-effective than litigation. Mediators can help parties resolve a dispute in 1-2 days that would likely take 3-5 years to get through the court system. The same case could be arbitrated in 6-8 months. 

Another big distinction here is that, during COVID, the private ADR world has continued business as usual and has migrated to virtual platforms, mainly Zoom and we’re just moving forward. The private ADR community including the AAA, through which I largely work, is functioning at normal levels. I conduct mediations and arbitrations regularly through Zoom and it is working quite well. I find Zoom better than the alternative; even if people were willing to do something in person, they would all be wearing a mask and social distancing. On Zoom you can see someone right in front of you. The courts on the other hand, are still struggling and have huge caseloads. The situation that ADR is working so well is a truly distinctive feature and a major advantage for parties.

Tell me about the yearly summer arbitration training you offer at Cardozo?

At Cardozo, I offer summer arbitration training along with Professor Love and the NYSBA. This one-of-a-kind comprehensive three-day program teaches participants how to conduct commercial arbitrations as arbitrators and counsels. Over 35 active, prominent and successful arbitration practitioners and representatives of the major ADR providers present during the training. Additionally, judges come to provide a comparison between litigation and arbitration.

What advice would you give to students and alumni seeking to enter the arbitration field?

First, take advantage of the wonderful ADR opportunities at Cardozo: The Securities Arbitration Clinic and the other practicum courses and clinics where you can serve as mediators in available programs. The barriers to entry are lower for mediation than arbitration. It is easier to get your experience in mediation, whether it is through the clinics at Cardozo and Small Claims Court or becoming a community mediator through the New York Peace Institute. 

Secondly, the absolute best training is to become a litigator first and do that for a long time before becoming an arbitrator. The litigation skills are largely transferable, with a few adjustments. A small number of firms specialize in arbitration, so in theory, one could get a job at one of these firms, but that is the exception rather than the rule for most people who aspire to eventually become an arbitrator.