Cheryl H. Agris, Ph.D., Esq.
c/o Agris & von Natzmer, LLP
43 West 43rd Street, Suite 104
New York, NY 10036
Hourly Rate $700
Current Cheryl H. Agris, Ph.D. – Partner, Agris & von Natzmer, LLP and Arbitrator/Mediator
Am available for both in-person and virtual arbitrations and mediations.
Practice 19
Cases >80
Languages English
Cheryl H. Agris, Ph.D. – Partner, Agris & von Natzmer, LLP and Arbitrator/Mediator
Am available for both in-person and virtual arbitrations and mediations.
Intellectual Property Practice, 1992 – Present; Cheryl H. Agris Attorney at Law, 1998 – 2005 & 2020 – Present; Partner, Agris & von Natzmer LLP, 2012 – Present; The Law Offices of Cheryl H. Agris Ph.D., 2005 – 2019; Of Counsel, Milde & Hoffberg, 2001 – 2010; Patent Attorney, Novo Nordisk of North America, 1992 – 1998; Law Clerk and Patent Agent (1990 – 1992), Pennie & Edmonds (Biotechnology Group), 1988 – 1992; Research Fellow, Sloan Kettering Institute, 1986 – 1988; Predoctoral Fellow, Johns Hopkins University, 1979 – 1986; Undergraduate Research Associate, Argonne National Laboratory, 1979.
Over 15 years of experience arbitrating and mediating a variety of technology, corporate, commercial, intellectual property, and real estate disputes. Serves as a court-approved mediator for the New Jersey Superior Courts, NY, Queens, and Westchester County Supreme Courts, Westchester County General Civil Mediation Program, Eastern District of New York.

Areas of experience include breach of contract, partnership matters, licensing agreements, research and development agreements, biotechnology, chemical, pharmaceutical, medical device and technology matters, manufacturing agreements, employment contracts, construction matters. Mediated more than 80 disputes, including multiparty matters and more than 20 matters with claims in excess of $500,000.

Breach of contract matters have included a variety commercial contracts involving services (e.g., website design, consulting, cleaning, cable systems, video production; property management) and products (e.g., defective or missing products due to issues with shipper and manufacturer). Amounts in dispute have ranged from $25,000 to greater than $500,000.

With respect to partnership agreements, mediation experience has included withdrawal of a partner from a law firm and dissolution of business partnerships (e.g., medical practice, counseling practice). Amounts in dispute have ranged from about $200,000 to about $750,000.

Mediation experience with respect to licensing, manufacturing, research, and development agreements have generally been in the pharmaceutical, chemical, medical device, technology and biotechnology areas and half have involved multiparty disputes; amounts involved have ranged from about $1,000,000 to about $10,000,000.

Employment matters mediated have involved mostly high-level executives (leader of the division, CEO, Vice President) and have included breach of employment agreements and discrimination claims. Amounts in dispute have ranged from $100,000 to $700,000.

Construction matters have included both business and residential construction; such construction matters have mainly involved multiparty disputes (contractor, subcontractor, customer or alternatively retailer, distributor, and customer). Amounts in dispute have ranged between $25,000-$700,000.

Have additionally mediated commercial real estate issues.

Available for in person and virtual mediations.
Handled Real Estate disputes between the landlord and tenant in the commercial and residential area; property management contracts.

Professional and business partnerships removal of a partner from the partnership; dissolving partnership; interpretation of partnership agreement.

Breach of manufacturing agreement product defects; delays and failure to provide quantities contracted.

Commercial sale of goods issues involving quality of goods provided and whether conforming goods were provided as well as other contract interpretation issues.

Limited partnership agreement-scope; breach of fiduciary duty of general partner.

Construction for both commercial and residential with issues involving non-payment, delay, damages, design errors, mold.
Mediation is a process where the neutral is used by both parties to analyze the strengths and weaknesses of their positions and work towards a solution. A mediator should thus act as a resource to the parties.

In a litigation, on many occasions, each side tends to be focused on their positions. The mediator can be that fresh set of eyes to provide a neutral perspective regarding the risks and possible outcomes of each party’s position. My role is also to facilitate dialog between the parties. There are many occasions where the parties have not ever met face to face or at the very least have not had any direct interactions for some time. Thus, sometimes it is useful to allow the parties an opportunity to be heard by the other side.

Every matter is unique. Therefore, a mediator should be flexible and employ an approach that depends on the dynamics of each case. There are times when I facilitate and even promote dialog between the parties. However, in some circumstances, either at the request of the parties or based on my assessment, providing an evaluation of the matter and making suggestions about possible settlement terms are more helpful. Such an evaluation would be provided in a caucus.

Successful mediation may also involve various dialog models during the mediation session, between attorneys, between the parties alone. The approach used depends on the parties’ desires and/or my sense of what might be helpful. As noted above, caucusing, where I meet with parties separately, can be productive as well.

At all times, I request from each party a mediation statement that contains the strengths and weaknesses of their position, a settlement provision, and any other supplemental material that might be helpful (e.g. a contract that is in dispute) at least 10 days in advance of the mediation session. This has been helpful to the parties and to me as a mediator in preparing for the session. Having an opportunity in advance to review the statements and consider various approaches that might be helpful improves subsequent communications with the parties. In addition to the scheduling conference call, I have found it useful to speak with all of the parties prior to the in-person session to convey my thoughts/suggestions based on the review of materials provided by the parties. This provides a jumpstart to the mediation process and puts everyone in a more mediation-focused mindset.
Mark Goldsmith, Esq. tel: (631) 360-0400, email: mgoldsmith@jrmgtattorneys.com
Laura Miller, Esq. tel: 201-806-3408, email: LMiller@sh-law.com
Bruce Minkoff, Esq. tel: (914) 218-4504, email: minkoff@rcdllp.com.
2022 Symposium, ADR and Diversity (NYLS); ACE 21 – Impartiality: Do You Know Where Your Biases Are?, 2021; Cutting Edge Issues in Commercial Arbitration (NY Law School), 2020; Positive Negotiation Techniques (NYC Bar); Understanding the AAA-ICDR Virtual Hearing Guide for Arbitrators and Parties (NYSBA), 2020; Arbitration in the Time of Coronavirus (NYSBA), 2020; ACE20 Cyber Security: A Shared Responsibility, 2020; CIArb, Accelerated Route to Fellowship, 2019; AAA "Arbitrating Domestic & International Life Science Disputes", 2019; AAA/ICDR/AAA Mediation.org Panel Conference, 2019; ACE18 Arbitrator Performance and Demeanor ~ Meeting Participant Expectations, 2018; AAA Red Flags & Risk Areas: Challenges to the Arbitrator Authority ACE14, 2017; AAA/ICDR/Mediation.org Panel Conference, 2016; AAA Arbitrating in a Digital World; Fair & Expeditious Management of Electronic Discovery, 2015; AAA, Arbitrators Conducting Legal Research - Good Idea or Bad?, 2014; AAA Dealing With Delay Tactics in Arbitration ACE04, 2013; AAA Maximizing Efficiency & Economy in Arbitration: Challenges at the Preliminary Hearing, 2012; EDNY Workshops on Impasse-Breaking Techniques, 2009 and 2011; AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics ACE05, 2009; AAA Pro Se: Managing Cases Involving Self-Represented Parties ACE02, 2008; AAA Arbitrator Ethics & Disclosure ACE03, 2006; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards ACE01, 2005; Abrams Mediation and Negotiation: Advanced Negotiation and Mediator Skills Training Course & Reference Manual, 2005; AAA Commercial Arbitrator II Training: Advanced Case Management Issues, 2004; Arbitration of Intellectual Property and Licensing Disputes: Artful Drafting and Savvy Advocacy-A Winning Combination, 2004; Arbitrator Update 2004; AAA Arbitrator I Training-Fundamentals of the Arbitration Process, 2003; Westchester Mediation Center of Cluster, Inc., Basic Community Mediation Training, 2003; Franklin Pierce Law Center, Mediation Training, Concord, 2001; New Jersey Institute of Continuing Legal Education, Negotiation Workshop, 2001; NASD Arbitrator Chairperson Training, New York, 2001; NASD Arbitrator Training Program, New York, 2000
Admitted to the Bar: New Jersey (1992), New York (1993); U.S. District Court: Southern and Eastern Districts of New York; U.S. Patent and Trademark Office (Patent Agent, 1990; Patent Attorney, 1993).
• Tech List Member, Silicon Valley Arbitration and Mediation Center
• Fellow, CIArb (2019-Present) (member, New York chapter)
• AIPPI (International Association for the Protection of Intellectual Property) (Member, ADR, Committee, 2012-Present)
• NYC Bar
-Member, ADR Committee, 2017-Present
-Member International Commercial Disputes Committee, 2014-2017
-Member Arbitration Committee, 2010-2013
• New York State Bar Association (NYSBA)
-Member, Dispute Resolution Section, 2010-Present; Co-Chair of Website Committee, 2017-2018
-Member of Intellectual Property Section since 1998
• American Intellectual Property Law Association
-Member of ADR, Biotechnology, PCT, Chemical Practice Committees since 1997
-Vice Chair Membership Committee 2010-2012
-Membership Chair, 2012-2013
• Eastern New York Intellectual Property Law Association (Member, Board of Managers, 2010-Present)
• International Intellectual Property Society (2000-Present).
Brooklyn Law School (JD, recipient of Dean's Scholarship throughout law school-1992); The Johns Hopkins University (Ph.D., Biochemistry-1986); Goucher College (BA, Chemistry, General Honors and Honors in Chemistry-1979)
Publications:
Co-Author, "Use of Arbitration In Resolving Disputes Involving Intellectual Property,' chapter in Handbook of Commercial Arbitration, American Bar Association (forthcoming); Agris, C.H. (principal author), "Practitioner's Manual of Patent Examining Procedure", Thomson-Reuters, 6th Ed. 2012; Agris, C.H. "Practitioner's Patent Guidelines", Thomson-Reuters, 2012; Agris, CH., "Comparison of Arbitration Procedures in IP Disputes", Proceedings of New York State Bar Association Intellectual Property Law Section Annual Meeting, January 2011; Co-Author, New York State Bar Association White Paper, "The Benefits Of Mediation And Arbitration For Dispute Resolution In Intellectual Property Law" (January 2011), reprinted in New York State Bar Association, New York Dispute Resolution Lawyer, 4:61-65 (Summer 2011); Agris, C.H., "Practitioner?' Patent Guidelines", Thomson-Reuters, 2011; Comparison of International Arbitration Procedures, NYIPLA Bulletin, pages 8-10 (March/April 2005); Agris, C.H. (2000) "Biotechnology Applications: Depositing Biological
Materials" Intellectual Property Today 7:12-13; Agris, C. (1999) "Patenting plants: What to claim", Nature Biotechnology 17:717-718; Agris, C.H. (1999) "Intellectual property protection for plants", Nature Biotechnology 17:197-198; Agris, C.H. (1998) "Patenting protein sequences", Nature Biotechnology 16:1075; Agris, C.H. (1998) "Patenting DNA sequences", Nature Biotechnology 16:877; Agris, C.H. (1998) "International patent filing", Nature Biotechnology 16:479-

Representative Speaking Engagements:
Lecturer, "Alternative Dispute Resolution in Intellectual Property Disputes", Nassau County Bar Association, 2021; Presenter, Securities Law Institute, 2019; Presenter, “New Paradigm for Alternative Dispute Resolution in Intellectual Property Litigation”, Westchester County Bar Association, 2019; Faculty Member, PLI Advanced Prosecution Workshop: Advanced Claim Drafting and Amendment Writing. Lecturer, 1998-2004 and 2016-2017; Panelist, "The Writing and Updating of a Legal Treatise", Eastern New York Intellectual Property Law Association, 2013; Panelist, "Using IP Alternative Dispute Resolution-Is it Ready for Prime Time", New York State Bar Association Intellectual Property Law Section Annual Meeting, 2011; Lecturer, The IP Toolkit-Part II: protecting intellectual property assets-Patents", 2009, WestLegalworks Online Program; Lecturer, "The IP Toolkit-Part II: Protecting intellectual property assets-Trademarks", 2009, West Legalworks Online Program; Lecturer "The IP Toolkit-Part I: Protecting Intellectual Property Assets, What Every Attorney Needs to Know", 2008, West Legalworks, Online Program; Panelist, "Critical Junctures in Mediation and How Best to Handle Them," New York State Bar Association Dispute Resolution Section Annual Meeting, 2009,"The MPEP as a Practice Tool: It Is Not Just a Paperweight", National Association of Patent Practitioner's Meeting, 2008; Moderator, International Intellectual Property Society Program Entitled "Alternative Dispute Resolution in Intellectual Property Disputes", September 14, 2006; "What to Claim in Biotechnology Applications", National Association of Patent Practitioners Meeting Short Course, 2004; "Troubleshooting at the USPTO", National Association of Patent Practitioners Meeting Short Course, 2002 and 2003; "Intellectual Property Considerations", Angel Financing: Navigating the Legal & Business Issues, November 28, 2000;"Interesting Web Sites for the Patent Practitioner", National Association of Patent Practitioners New Jersey Chapter Meeting, November 2000; "Alternative Career Opportunities in Intellectual Property Law", New York Biotechnology Association, Women in Biosciences Section Meeting, June 2000; Panel chair, "Interactions Between In-House and Law Firm Patent Counsel to Develop Intellectual Property Strategy", BIO 1998, June 1998
$700 Per Hour
English
United States of America
New York, NY

The AAA provides mediators to parties on cases administered by the AAA under AAA mediation procedures. Mediations that proceed without AAA administration are not considered AAA mediations, even where parties select a mediator who is a member of an AAA mediation roster.