Atttain’s Mediation Process
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Anthony’s General Approach
Prior to the actual mediation, Anthony will spend a good deal of time working to develop an understanding of not only the merits of the case but also of the parties’ motivations, goals, commercial interests, and dynamics. He will ask probing questions and listen carefully to see how the mediation can be tailored to overcome those obstacles. He is extremely practical and flexible in his approach to mediation and will proceed as the parties wish. But his capability and inclination is to push parties, ask the hard questions, and present honest evaluations of the strengths and weaknesses of a party’s position as an effort to push parties closer to resolution. This is sometimes referred to an “evaluative approach” to mediation.
Use of the “Evaluative Approach”?
Ideally cases are amenable to mediation by neutral facilitation (or consensus building) leading to party-driven resolutions. But more often than not, that approach reaches a road block---perhaps it was that road block that led to the need for a mediation in the first place. Only after the facilitative approach is exhausted will Anthony gradually turn to an evaluative approach.
Anthony recognizes that such an approach is only effective where the mediator has demonstrated that he/she has “done the work” to understand the applicable facts, law and party and business dynamics. It is only in this way that the parties and their counsel will appreciate any evaluation of their case. Here too Anthony’s experience as a business litigator in a wide variety of practice areas as well as his energy will allow him to dig in and get to the core of the dispute.
Expected Steps
Anthony’s process will include the following:
- Conflict clearance, general scoping and retention.
- Initial joint scheduling conference with counsel
- Detailed review of joint binder of key pleadings, agreements, case law and mediation statements (to be supplied by parties).
- Pre-mediation follow up calls with counsel to discuss issues and dynamics
- Mediation hearing with parties with appropriate settlement authority
- Post-Mediation follow-up sessions as needed
- Post-Mediation assistance with disputes over settlement agreement terms
Logisitcal Issues
Not being a member of a larger Med/Arb firm, Anthony has a great deal of flexibility in terms of availability, rates and structures. He is obsessively responsive and will essentially be on-call 24-7. He will typically set a flat fee for the mediation which will be agreed to with the parties’ counsel at the outset. There will be no administrative or other expenses unless travel out of NY state is required.
Anthony does favor remote mediations but recognizes that certain circumstances, or the parties’ desires, will suggest that an in-person mediation is desirable. Such sessions can be held at a parties’ counsel’s office or any neutral site of their choosing.
Credentials
- JD, Fordham University School of Law, Editor Fordham Urban Law Journal
- BA, Fordham University
- US Supreme Court
- US Court of Appeals Second Circuit
- US Court of Appeals Sixth Circuit
- US Court of Appeals, Eleventh Circuit
- US District Court, Eastern District of Michigan
- US District Court, Eastern District of New York
- US District Court, Northern District of New York
- US District Court, Southern District of New York
- New York State
- Association of the Bar of the City of New York, Professional Ethics Committee (Four 3-year terms)
- Mediation Program (Pro Bono) US District Court, Southern District of New York, Panel (1994 to present).
- New York State Bar Association, Dispute Resolution Committee
- Volunteer “Big” in Big Brothers Big Sisters of Westchester program
Recognized or listed in the following:
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Best Lawyers in America
Commercial Litigation, 2012–2025 -
Super Lawyers
New York, 2010–2011, 2014–2024 -
The Legal 500 United States
Recommended Attorney, 2019–2024
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