Jack P. Levin, Esq.
21 Garden Place
Brooklyn, NY 11201
Hourly Rate $800
Current Independent Arbitrator and Mediator
Practice 20
Cases 150
Languages English
Independent Arbitrator and Mediator
Retired Partner, Covington & Burling LLP, 1999-2011; Director of Litigation, UBS Warburg (North America), 2001; Partner, Howard Smith & Levin, 1998 – 1999; Partner, Howard Darby & Levin, 1983 – 1998; Associate, Davis Polk & Wardwell, 1972 – 1983; Law Clerk, U.S. District Judge Murray I. Gurfein Southern District of New York, 1971 – 1972.
Mediated claims relating to patents held by medical device manufacturers, patent licensing dispute between Japanese and U.S. pharmaceutical companies, trademark infringement of domain names, insurance on mortgage-backed securities, a claim involving aircraft maintenance agreements; a commercial lease in Europe between two large corporations, contract rights of competing defense contractors, distributorship termination and trademark infringement involving a family-held distributor and a large European manufacturer, auction house disputes with a major customer and a broker, purchases of auction rate securities, contracts to sell securities, the rights of joint venturers in commercial real estate investments and numerous business break-ups.
In securities matters, the liability of the originator and sellers of mortgage-backed securities to the insurer of those securities and the liability of an issuer of cryptocurrency. In medical device and pharmaceutical patent matters, the scope and validity of licenses. In a trademark matter, issues relating to internet marketing. In commercial real estate matters, tax issues and rights of off-shore entities and individuals. In a distributorship termination matter, issues included enforceability of oral promises, course of conduct, custom and practice in the trade, breach of fiduciary duty and trademark infringement. In the break-up of a service business, issues included accounting for contributions to the business and determination of ownership interests, non-competition and non-solicitation. Contract issues are common to many mediations, as are questions of the amount and provability of damages. Particularly effective in high conflict situations and understanding relationship issues that often impede resolution, including relationships among individuals on one side of a mediation, such as differences between business associates (especially family members) and problems between lawyer and client.
As an advocate in mediation, has represented a major securities firm in the settlement of a multi-defendant securities and RICO class action involving more than $100 million in actual damages. Represented an investment bank in a mediation with a competitor over the alleged improper solicitation of employees and customers. Represented a securities firm partnership in pre-litigation mediation of claims concerning the valuation, ownership and distribution interests of multiple parties, including corporations, individuals and trusts Represented a securities clearing firm in a mediation with a customer of the introducing broker.
The process belongs to the parties. It is their dispute and their resolution. The mediator should not force parties to confide particular matters or discuss particular issues. Nor should the mediator expand his role (e.g., engage in evaluative mediation) without the permission of the parties. At all times, the mediator should be truthful and candid with the parties and not bully or manipulate them. The mediator should use all of his or her experience, skill and expertise to assist the parties in imagining and considering potential resolutions. In doing so, the mediator should maintain an environment of respect. Recognizing that parties to a mediation are often inflexible at the outset, the mediator should recognize that discussing interests and emotions may ease the process of finding resolution and that this may take time. The mediation process should begin as soon as the mediator is authorized, and this may include telephone calls and/or meetings with the individual parties and their counsel well in advance of formal mediation sessions. In this way, the mediator is most prepared to take advantage of the time when the parties are together. The mediator must gain the trust of the parties, including trust in the mediator's commitment to the resolution of the dispute. The mediator should work hard to maintain momentum, which may mean frequent calls to the attorneys and parties. At the same time, the mediator must recognize when time needs to pass and when further efforts will not be helpful or may even be harmful. All along the way, the mediator may need to change approaches as the process unfolds.
William B. Monahan, monahanw@sullcrom.com, (212) 558-7375; Richard A. Cirillo, rcirillo@kslaw.com, (212) 556-2337; Gabriel Berg, gberg@kennedyberg.com, (212) 8993420.
ACE 20 - Cyber Security: A Shared Responsibility, 2020; AAA/ICDR/AAA Mediation.org Panel Conference, 2019; Arbitrator Performance and Demeanor ~ Meeting Participant Expectations, 2018; AAA-ICDR/ICC/ICSID 34th Annual Joint Colloquium on International Arbitration, 2017; ACE 12 ~ eDiscovery: Arbitration in a Digital World, 2017; Investor-State Mediation Training, sponsored by the International Centre for the Settlement of International Disputes, the Centre for Effective Dispute Resolution, the International Energy Charter Secretariat, and the International Mediation Institute, 2017; AAA-ICDR Council and Columbia Law School Conference: The Future of Arbitration, 2017; AAA 10 Essential Tips to Succeed in ADR, 2017; Out of Sight, Out of Mind: What You Need to Know about Preventing and Arbitrating Business-to-Business (“B2B”) Data Breaches, 2017; AAA/ICDR/Mediation.org Panel Conference, 2016; AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics ACE05, 2015; Faculty, AAA Innovative Strategies&Efficient Practices to Meet the Challenge of Arbitrating Executive Employment Disputes, 2014; AAA ICDR International Symposia in Advanced Case Management Issues, 2014; AAA The 31st Annual Joint Colloquium, NY, 2014; 11th Annual ICDR Miami International Arbitration Conference-International Dispute Resolution in the Americas, 2013; ICDR Annual Miami International Arbitration Conference, 2010-2012; AAA/ICDR Neutrals Conference, 2012, 2010; ICDR/IBA Four Roundtables in Times Square - Putting the Spotlight on International Arbitration on Broadway, 2011; AAA Advanced Mediator Training, 2010; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2009; AAA Arbitration Fundamentals and Best Practices for New Arbitrators, 2008; CPR Institute/Chartered Institute of Arbitrators, Advanced Arbitrator Training, 2007; Chartered Institute of Arbitrators, Fast Track Program to Fellowship in International Arbitration, 2006; CPR Institute, Excellence in Ethics, 2006; CPR Institute, Mediator Training, 2004; various other ADR training.
Admitted to the Bar: New York (1972), New Jersey (1972); U.S. District Court: Southern (1972) and Eastern (1972) Districts of New York; U.S. Court of Appeals, Second Circuit (1972); U.S. Supreme Court (1992).
CEDR (Centre for Effective Dispute Resolution) Mediator (Investor-State Disputes); serves on Commercial, Large Complex Case and Master Mediator Panels of the American Arbitration Association; Arbitrator Panel of the International Centre for Dispute Resolution; Banking, Accounting and Financial Services, Cross-Border and Employment Panels of CPR: The International Institute for Conflict Prevention and Resolution; FedArb (Federal Arbitration, Inc.) Roster of Arbitrators and Mediators; Mediation Roster of FINRA DR (Financial Industry Regulatory Authority Dispute Resolution); Special Master of the Appellate Division, First Judicial Department (New York); Mediation Panels of the Commercial Division of Supreme Court New York County and the U.S. District Court for the Southern District of New York. Has served on ICC Arbitration Tribunals.

Fellow, College of Commercial Arbitrators; Fellow, Chartered Institute of Arbitrators; CPR: The International Institute for Conflict Prevention and Resolution (Executive Advisory Committee; Arbitration Committee; Mediation Committee; Banking & Financial Services Committee); International Arbitration Club of New York; Member, Silicon Valley Arbitration and Mediation Center; American Bar Association (Dispute Resolution Section, International Law Section; New York State Bar Association (Dispute Resolution Section); New York City Bar Association.
University of Pennsylvania (JD-1971); Rutgers College (BA-1968).
Awards and Honors: New York Super Lawyers (2007-2019) (2009-2019 for Alternative Dispute Resolution); Who's Who Legal: Mediation 2016-2019.
Judge Judith O. Hollinger ADR Program Third Annual ADR Symposium, "Current Issues in International Arbitration," Speaker, USC Gould School of Law, March 2018, 2014, 2016; Tutor, Fast Track Program to Fellowship in International Arbitration, Chartered Institute of Arbitrators, 2011, 2013, 2015, 2016, 2018; New York State Bar Association, Commercial Arbitration Training, Faculty; CPR Brazil Business Mediation Congress, São Paulo, Panel Member on Banking and Financial Services, April 2015; 2015 New York State Bar Association Dispute Resolution Section Panel, "Nothing But the Truth? Ethical Duties in ADR"; 2014 New York State Bar Association Dispute Resolution Section Panel, "Cross Cultural Mediation"; 2013 American Bar Association International Law Section Spring Meeting, Moderator, "Cross Cultural Mediation in Action: Exploring the Challenges of Using ADR in International Arbitration"; 2013 ABA Dispute Resolution Section Spring Conference, Panelist, "Is the Demand for Mediation Declining?"; 2013 Annual Meeting, CPR Institute for Conflict Prevention & Resolution, Co-Moderator, "Planning for Cost-Effective Dispute Resolution" and "In-House Counsel Workshop: Mediating the Complex Case / Developing and Implementing a Mediation-Based Resolution Strategy"; Co-Panelist, "What It Takes To Be An Effective International Mediator," International Arbitration Club of New York, May 2012; Co-author, "Mistakes Mediators Make," NEW JERSEY LAWYER MAGAZINE, New Jersey State Bar Association, April 2011; "Settlement Counsel," New York American Inns of Court, May 2009; "Mediation - Finding the Way Out," New York American Inns of Court, October 2008; Congress Moderator, CPR European Congress, Vienna, Austria, May 2008; Panelist, "Crafting Dispute Management Clauses as a Matter of Organizational Practice & Policy," 2008 CPR Institute Annual Meeting.
$800 Per Hour
English
United States of America
Brooklyn, 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.