alternative dispute resolution
As a mediator, arbitrator, and advocate Jonathan has resolved hundreds of conflicts involving different areas of business, including, without limitation, disputes involving purchase and sale transactions; partnership disputes; valuation and appraisal conflicts; office, industrial and retail leasing matters; construction-related disputes; brokerage fee and service conflicts; commercial finance and loan restructure litigation; development, land use and zoning disputes; restaurant related conflicts; film and entertainment contracts; manufacturing and joint venture disagreements; license disputes; and numerous conflicts involving condominium and co-op properties, owners, and managers.
Since 2005, Jonathan has mediated over 100 litigation and arbitration disputes 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 over 80 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 with most proceedings, once parties are influenced to be more open to alternative points of view and different benefits of a negotiated settlement verses the risk, uncertainty, and costs (both monetary and personal) of pursuing conflict through 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.
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 with business management and disputes (as a trial and transactional attorney and also a business owner) helps him to quickly understand the substantive issues of most conflicts, he also works diligently to carefully perceive and address, as necessary, less obvious personal factors that may impact a conflict. Once he is able to facilitate general terms of settlement, Jonathan often assists parties and their counsel to fully and promptly document clear and complete written settlement agreements that are less susceptible to future misunderstandings or additional disputes.