alternative dispute resolution
As a mediator, arbitrator, and advocate Jonathan has resolved hundreds of conflicts involving different areas of business. This includes disputes involving purchase and sale transactions applicable to businesses and real property; partnership disputes; valuation and appraisal conflicts; office, industrial and retail leasing conflicts; construction-related disputes; brokerage fee, referral and service conflicts; commercial finance, loan restructure and bankruptcy litigation; development, land use and zoning disputes; restaurant related conflicts; film and entertainment contracts; manufacturing and joint venture conflicts; license disputes, and numerous disputes involving condominium and co-op properties, owners, boards, and managers.
In addition to resolving numerous complex disputes for clients, Jonathan has been retained as a mediator in about 120 separate litigation and arbitration matters referred to him by trial courts, businesses, and the American Arbitration Association (“AAA”), where Jonathan has been a panel member mediator and arbitrator since 2009. During this same time period Jonathan has been appointed by the AAA as an arbitrator of about 85 disputes administered under the AAA’s commercial and construction arbitration rules, working as either a sole arbitrator, panel member, or panel chair.
resolving disputes through mediation
Jonathan believes that out-of-court mediated settlements are possible and preferable in most, though not all proceedings, after parties are provided an appropriate forum to feel more open to alternative points of view and the different benefits of a negotiated settlement verses the risk, uncertainty, and costs (both monetary and personal) of pursuing conflict through more costly formal litigation or arbitration. Jonathan approaches every matter with an open mind about each party's views, sensitive to the fact that different parties may have different styles and pace at which they communicate, listen, or become ready to accept a negotiated, compromised resolution. Regarding his mediation process, Jonathen utilizes a unique mix of facilitative and evaluative techniques that depend on the facts and circumstances of each matter.
As Jonathan gradually learns about the positions and dynamics of each adverse party participating in a given mediation, he constantly reassesses how to best facilitate further dialogue and negotiations that are needed to bridge the parties' differences. This has included proceedings that have succeeded with a significant level of direct communication between all parties to matters which could only be resolved with virtually no direct contact between adversaries. Although many of his resolved mediation matters have involved court-ordered proceedings, and parties who may initially feel skeptical about the mediation process, Jonathan has learned to be patient, flexible, and persistent with all parties, including participants who may initially appear to be incapable of reaching an out-of-court settlement.
While Jonathan’s extensive experience in business litigation, transactions, and also as a owner and manager, enables him to quickly understand the substantive issues of most conflicts, he also works intently to carefully understand and address less obvious personal issues and concerns that may impact a conflict. If and when general terms of settlement are achieved in a given dispute, Jonathan can work with parties and their counsel to carefully document written settlement agreements that are less susceptible to future misunderstandings or additional disputes.