Arbitrator, Mediator, ADR Professor

Mediator and Arbitrator, Zuckerman Dispute Resolution LLC, 2021-Present; Adjunct Professor of Law (ADR), NIU College of Law, Jan. 2024-Present; Clinical Assistant Professor of Law, Northwestern Pritzker School of Law, 2019-2021; Judicial Law Clerk, Hon. Amy St. Eve - U.S. Court of Appeals for the Seventh Circuit, 2018-2019; Associate, Jones Day, 2012-2017; Judicial Law Clerk, Hon. Amy St. Eve - U.S. District Court for the Northern District of Illinois, 2011-2012; Judicial Law Clerk, Hon. Eric Clay - U.S. Court of Appeals for the Sixth Circuit, 2010-2011; Judicial Law Clerk, Hon. Cheryl Pollak - U.S. District Court for the Eastern District of New York, 2009-2010.

Extensive experience in business law matters for public and private companies, from start-ups to small and medium-sized businesses to Fortune 100 corporations. Significant involvement and/or lead counsel in hundreds of complex and standard commercial litigation matters in court and arbitration forums. Experience extends to, among other areas:<br/><br/>Breach of contract matters involving asset purchases, sale of goods, vendor disputes, contractors and sub-contractors, product quality, warranties and delivery, professional services (e.g., accounting, dentistry, law firms, and medical), manufacturing, distribution, agriculture, lending, loan agreements, and financing, ownership, insurance, enforceability, interpretation, competing damages models, affirmative defenses, and issues of material breach, performance, intent, choice of law, third-party beneficiaries, and good faith.<br/><br/>Financial services matters involving credit and lending products, data privacy and data breaches, credit reporting and identity verification products, banking and credit cards, loyalty programs, partnerships and affiliations, regulatory compliance, wires and bank transfers, prescreening, sale of credit and personal information, marketing practices, furnishing of credit information, internal policies, lead generation, processing fees, merchant disputes.<br/> <br/>Business torts including fraud, defamation, tortious interference, negligence, unfair competition, theft and conversion, breach of fiduciary duty, equitable doctrines including promissory estoppel, quasi-estoppel, and unjust enrichment.<br/><br/>Corporate governance and shareholder matters involving actions of directors, officers, and board of directors, employee misconduct, closely held corporations and LLCs, dissolution and business divorce, founders, operating agreements and incorporation, misappropriation, waste and fraud, scams, business judgment, ownership, joint ventures, partnerships, board composition, corporate formalities, agency relationships, executive compensation, valuation, piercing the corporate veil and personal liability.<br/><br/>Insurance matters involving the scope of coverage, interpretation, validity, business interruption, personal injury, property damage, coverage exclusions, bad faith, notification, premium payments, deductibles, and legal defense costs.<br/><br/>Commercial real estate matters involving commercial leasing, interpretation of commercial leases, commercial evictions, property management companies, sub-tenants and sub-leasing, tenant improvement credits, office leases, shopping malls, land sales, security deposits, representations and warranties, fraud, inspections, title searches, brokerage; and homeowner and condominium associations.<br/><br/>Internet and online matters involving domain names, e-commerce, fraud and scams, access control, terms of service, privacy, data collection, software code, online reviews, social media, impersonation, payment platforms, and online gift cards and digital currency (crypto).<br/><br/>Transportation and logistics matters including broker, freight forwarder, and motor carrier issues.

Mediated hundreds of matters. Significant experience with contract claims involving sale of goods, professional service arrangements, purchase agreements, vendors, contractors, construction, renovation and home repair; business divorce matters and valuation of closely held entities; freight, trucking and logistics; product quality issues; vendor and sub-contracting agreements; employment and commission structures including recruiting, headhunting and executive placement; crypto currency issues; landlord-tenant issues (e.g., eviction, security deposit and breach of lease); residential, commercial, and industrial leases; condominium associations, homeowners’ associations, and unpaid assessments; debt collection for credit cards and financial institutions; small claims; neighbor and neighborhood issues; corporate governance and shareholder disputes involving director and officer conduct, dissolution, LLC disputes, stockholder claims and valuation issues business divorce and valuation of closely held corporations; website design and development; e-commerce and internet purchases; property damage; liens; employment and independent contractors (e.g., misclassification, termination, unpaid wages); landscaping and home services; family members; federally regulated motor carrier issues; misappropriation and fraud; breaches of fiduciary duty; personal injury from animals, property and persons; car accidents; insurance claims, including first-party, third-party and subrogation; lead generation; online reviews; defamation and social media; automobile repair and purchase; medical bills; uninsured motorist; lemon laws and automobile claims; banking and credit cards; billing practices; credit reporting (including inaccurate reporting) and debt collection practices; fraud and theft of company and personal property; payment plans; loans; gift cards; merchant services; and store purchases.

The mediator wears many hats: listener, communicator, and diplomat, all without losing sight of the practical reality in which the dispute exists. My philosophy is the mediator should guide the ship, not sit as a potted plant, making sure the parties feel heard and understand the strengths and weaknesses of their case. A safe and comfortable space, and an empathetic and practical mediator, is important to facilitate a settlement between parties who may have high emotions and hardened positions. <br/><br/>My first step is a pre-mediation call with the parties to discuss, among other things, the nature and status of the dispute, the parties' goals, any impediments to settlement, the format and procedure for the mediation, pre-mediation statements, scheduling, and any other pre-mediation issues the parties wish to raise. At the mediation, I begin by discussing the mediation process, the nature of each participant's role in the process (including my own), and the benefits that coming to a resolution of the matter through mediation may bring. From there, the substance of the mediation begins in the way that the parties have prescribed at the pre-mediation conference. Whether in joint session or individual sessions, I typically will ask the parties to tell me about the case in their own words, help me to understand their goals and interests, and then explore potential settlement options. Mediation to me is not simply throwing numbers back and forth, but instead leveraging creativity, skill, reality, and understanding to help the parties arrive at a fair resolution of their dispute.

Available to conduct virtual, hybrid, and in-person hearings and conferences. Familiar with online platforms, including Zoom, Teams, and LoopUp. Embrace technology to enhance the dispute resolution process.

Cornell Law School (JD, cum laude-2009); Cornell University (BS, Industrial and Labor Relations-2006).

Admitted to the Bar: Illinois; U.S. District Courts: Northern District of Illinois, Northern District of Indiana, Western District of Wisconsin; U.S. Court of Appeals: Seventh and Sixth Circuits; U.S. Supreme Court.

American Bar Association (dispute resolution section); Illinois State Bar Association (ADR section council); Association of Attorney-Mediators (treasurer); LGBT Chamber of Commerce of Illinois (business mentor); Chicago Bar Association; Lesbian and Gay Bar Association of Chicago (LAGBAC); Association for Conflict Resolution; Dispute Resolution Institute, Inc. (vice chair of the board).

Panelist, Pre-Mediation Planning, Illinois State Bar Association (upcoming 2024); Dispute Resolution Contract Clause Building Workshop, LGBT Chamber of Commerce of Illinois and American Arbitration Association (upcoming 2024); Sharpening Skills & Doing Good: Volunteer Mediation, Association for Conflict Resolution (2023); Moderator, U.S. District Court/Settlement Assistance Program, Judicial Panel: Best Practices for Settlement Conferences (2023); Moderator & Host, Association of Attorney-Mediators, Appellate Mediation: A Conversation with Chief Circuit Mediator Joel Shapiro (2022); Moderator, Association of Attorney-Mediators, Mediators in Robes: Mediation Tips from Federal Magistrate Judges (2022); Panelist, ABA Section on Dispute Resolution, The Many Roads to ADR: The Volunteer Experience, Doing Well by Doing Good (2022); Panelist, ABA Tech Show, Top Insights from Analyzing AI Tools in Legal Writing Instruction (2022); Host, Association of Attorney-Mediators, Appellate Mediation: A Conversation with Chief Circuit Mediator Joel Shapiro (2022); Speaker, Scientific Association of Forensic Examiners, Best Practices for Expert Reports (2021); Participant, Podcast: Technically Legal, AI and Legal Writing (2021); Panelist, Ethics 2020, Law Bulletin Seminars, Social Media/Review Websites (2020); Panelist, Northwestern Pritzker School of Law, Diversity and Being Out in the Legal Community (2019); Panelist, Chicago Bar Association, Federal Practice and Discovery Disputes (2018).

$375 Per Hour

English

United States of America

Chicago, IL