FN-21416 MN-21416 LN-21416, Esq.
Attorney: Full-Time Arbitrator, Mediator, Dispute Board Member
Arlington, Massachusetts
BCK Dispute Resolution Services, Inc. – President
BCK Law, P.C. – Of Counsel
BCK Law, P.C. – Of Counsel
Attorney: Full-Time Arbitrator, Mediator, Dispute Board Member
President, Attorney, Arbitrator, Mediator and Dispute Board Member, BCK Dispute Resolution Services, Inc., 1998- present; Of Counsel, BCK Law P.C., 2010-Present; Senior Attorney and then Partner, Bernstein Cushner & Kimmell P.C., 1991-2004; Special Assistant Attorney General/Assistant Attorney General, Office of Attorney General for Massachusetts, 1988-1990; Associate, Parkhurst Levy Halperin & Harris, 1988; Associate, Murphy Lamere & Murphy, 1985-1988.
Since 1996, neutral engaged in domestic and international alternative dispute resolution practice in construction (member of AAA's Large and Complex Case Panel), including large infrastructure projects, home construction, construction renewable energy projects, and employment and other disputes. About ninety percent of practice has been/is dedicated to construction law, ten percent of practice has been/is dedicated to employment/other law.
Construction:
Engaged as an advocate representing general contractors, owners, subcontractors in public and private construction law practice since 1985 in projects ranging up to $4.5 billion. Has arbitrated and mediated numerous public and private construction disputes involving owners, homeowners, contractors, sureties, architects, subcontractors, and suppliers in matters ranging from delay damages, liquidated damages, reliance damages, anticipatory breaches, defective performance, owner interference, project abandonment, wrongful termination, measure of architect's damages, mitigation, betterments, the economic loss rule, and contract interpretation to extra work issues. Former Assistant Attorney General and Special Assistant Attorney General for the Commonwealth of Massachusetts on public construction matters. Has served as Chair of Dispute Boards/a member of Dispute Boards for large infrastructure projects in excess of $1 billion USD in New England and the Mid-Atlantic states.
Employment:
Engaged in employment law practice representing both employers and employees in all aspects of employment law. Experience in trade secrets, proprietary rights/non-compete agreements, breach of contract, breach of severance agreements, ERISA plan benefits, employment torts, age, sex, and disability discrimination, harassment based on gender, sexual harassment/sexual misconduct, wrongful termination in violation of public policy, FLSA and state statute wage hour violations, questions of independent contractor status in employment, payment of wages on termination, overtime exemption status, employee privacy issues, executive contracts, retention of tips, holiday work, and vacation pay.
Consumer and Commercial:
Experienced in consumer law, business, credit card, real estate and general contract disputes. Has arbitrated domestic and international cases and ESI discovery issues.
Construction:
Engaged as an advocate representing general contractors, owners, subcontractors in public and private construction law practice since 1985 in projects ranging up to $4.5 billion. Has arbitrated and mediated numerous public and private construction disputes involving owners, homeowners, contractors, sureties, architects, subcontractors, and suppliers in matters ranging from delay damages, liquidated damages, reliance damages, anticipatory breaches, defective performance, owner interference, project abandonment, wrongful termination, measure of architect's damages, mitigation, betterments, the economic loss rule, and contract interpretation to extra work issues. Former Assistant Attorney General and Special Assistant Attorney General for the Commonwealth of Massachusetts on public construction matters. Has served as Chair of Dispute Boards/a member of Dispute Boards for large infrastructure projects in excess of $1 billion USD in New England and the Mid-Atlantic states.
Employment:
Engaged in employment law practice representing both employers and employees in all aspects of employment law. Experience in trade secrets, proprietary rights/non-compete agreements, breach of contract, breach of severance agreements, ERISA plan benefits, employment torts, age, sex, and disability discrimination, harassment based on gender, sexual harassment/sexual misconduct, wrongful termination in violation of public policy, FLSA and state statute wage hour violations, questions of independent contractor status in employment, payment of wages on termination, overtime exemption status, employee privacy issues, executive contracts, retention of tips, holiday work, and vacation pay.
Consumer and Commercial:
Experienced in consumer law, business, credit card, real estate and general contract disputes. Has arbitrated domestic and international cases and ESI discovery issues.
Construction: Served as a mediator in 75 construction disputes ranging from about $10,000 to $45 million. Fifty-five (55) of these cases were generally between general contractors and owners and/or subcontractors, architects and/or sureties also. Nineteen (19) mediations involved disputes between a homeowner and a general contractor. One (1) other mediation was an international case involving an owner against a general contractor for a commercial building that was not built.
Employment: Has served as a mediator in twenty-eight (28) employment disputes. One involved an employee against an employer and six other named employees ($500k was at issue), the remaining twenty-seven (27) were between an employee and an employer, and claims ranged from about $2500 to $15 million plus benefits. Issues range from sexual harassment, breach of employment contract, ERISA claims, sex discrimination, retaliation, claims based on the Fair Labor Standards Act and wage and overtime based claims, and proprietary rights matters.
Consumer, Business, Malpractice, Personal Injury, Etc.: Has mediated approximately 49 consumer/business cases, one legal malpractice case, one (1) personal injury case, three (3) commercial cases, and four (4) real estate matters.
Landlord-Tenant: Mediated at least 16 cases over a period of months at the Boston Housing Court. Cases were between landlords and tenants and involved back-rent, evictions, and sanitary code violation issues.
Renewable Energy: Mediated contract issues between quasi-public entities and individuals and contractors (26).
Employment: Has served as a mediator in twenty-eight (28) employment disputes. One involved an employee against an employer and six other named employees ($500k was at issue), the remaining twenty-seven (27) were between an employee and an employer, and claims ranged from about $2500 to $15 million plus benefits. Issues range from sexual harassment, breach of employment contract, ERISA claims, sex discrimination, retaliation, claims based on the Fair Labor Standards Act and wage and overtime based claims, and proprietary rights matters.
Consumer, Business, Malpractice, Personal Injury, Etc.: Has mediated approximately 49 consumer/business cases, one legal malpractice case, one (1) personal injury case, three (3) commercial cases, and four (4) real estate matters.
Landlord-Tenant: Mediated at least 16 cases over a period of months at the Boston Housing Court. Cases were between landlords and tenants and involved back-rent, evictions, and sanitary code violation issues.
Renewable Energy: Mediated contract issues between quasi-public entities and individuals and contractors (26).
Construction:
Issues mediated have involved contract interpretation, waiver of claims, breach of contract, failure to perform, breach of warranty, design defects, quantum meruit, delay, defective materials used, differing site conditions, application of damage clauses, liquidated damage clauses, calculation and verification of damages alleged, retainage amounts, interest calculations and attorney's fees/prevailing party provisions.
Employment:
Issues mediated have involved age and sex discrimination, sexual harassment/sexual misconduct, retaliation, constructive discharge, defamation, violation of the Fair Labor Standards Act and wage/hour laws, breach of employment agreement, wrongful termination, retirement benefits, special severance packages, interference with contractual relations, non-compete/proprietary rights, unemployment benefit and related issues.
Business, Consumer, Malpractice, Renewable Energy, Personal Injury and Real Estate:
Other issues mediated stem largely from the consumer versus business relationship and involve breach of contract issues. Has also mediated a legal malpractice case, attorneys fees, a personal injury case involving permanent damage to an individual, and real estate cases.
Issues mediated have involved contract interpretation, waiver of claims, breach of contract, failure to perform, breach of warranty, design defects, quantum meruit, delay, defective materials used, differing site conditions, application of damage clauses, liquidated damage clauses, calculation and verification of damages alleged, retainage amounts, interest calculations and attorney's fees/prevailing party provisions.
Employment:
Issues mediated have involved age and sex discrimination, sexual harassment/sexual misconduct, retaliation, constructive discharge, defamation, violation of the Fair Labor Standards Act and wage/hour laws, breach of employment agreement, wrongful termination, retirement benefits, special severance packages, interference with contractual relations, non-compete/proprietary rights, unemployment benefit and related issues.
Business, Consumer, Malpractice, Renewable Energy, Personal Injury and Real Estate:
Other issues mediated stem largely from the consumer versus business relationship and involve breach of contract issues. Has also mediated a legal malpractice case, attorneys fees, a personal injury case involving permanent damage to an individual, and real estate cases.
To facilitate a resolution, I, the parties and their counsel work to ensure that each party appreciates the strengths and weaknesses of each side's factual and legal contentions. Both in the exchange of information and opinions, and in the eventual evaluation of that information, each party has the opportunity and responsibility to discuss facts, opinions and theories on which the party intends to rely with regard to matters in dispute.
The mediation process focuses on the interests, objectives and possible solutions that the parties believe would be fair, equitable and mutually beneficial. Each party will be asked to work with me in considering and evaluating solutions that would satisfy their own interests and those of the other party(ies).
The mediation process typically involves a telephone conference with all counsel/all parties about each party's contentions, we will set up a time for an in-person mediation session and a deadline within which either I myself, or all counsel/all parties review the mediation statements prior to the session. I often have each party answer specific questions with regard to their claim/counterclaim/defenses and request that they provide back-up information, all to be contained in the mediation submission which is then usually exchanged by the parties. I may conduct private, confidential telephone conferences with the participants to develop information about a party's contentions and objectives prior to the mediation session. The mediation session must be attended by representative of the parties with full settlement authority.
Once I believe I have received enough information and a party agrees to an evaluation, I will provide an evaluation during the mediation session.
If an agreement is reached at the mediation session, I request that the parties draft a mutually acceptable settlement agreement and general release, hopefully to be signed at the end of the mediation session or soon thereafter.
The mediation process focuses on the interests, objectives and possible solutions that the parties believe would be fair, equitable and mutually beneficial. Each party will be asked to work with me in considering and evaluating solutions that would satisfy their own interests and those of the other party(ies).
The mediation process typically involves a telephone conference with all counsel/all parties about each party's contentions, we will set up a time for an in-person mediation session and a deadline within which either I myself, or all counsel/all parties review the mediation statements prior to the session. I often have each party answer specific questions with regard to their claim/counterclaim/defenses and request that they provide back-up information, all to be contained in the mediation submission which is then usually exchanged by the parties. I may conduct private, confidential telephone conferences with the participants to develop information about a party's contentions and objectives prior to the mediation session. The mediation session must be attended by representative of the parties with full settlement authority.
Once I believe I have received enough information and a party agrees to an evaluation, I will provide an evaluation during the mediation session.
If an agreement is reached at the mediation session, I request that the parties draft a mutually acceptable settlement agreement and general release, hopefully to be signed at the end of the mediation session or soon thereafter.
Experienced in using online platforms including Zoom; experienced in and have taught arbitrators and lawyers on electronically stored information (ESI) issues.
Suffolk University (JD, with honors-1985); Brandeis University (BA, cum laude-1982).
Admitted to the Bar: Massachusetts (1985); U.S. District Court: District of Massachusetts (1986); U.S. Court of Appeals: First Circuit (1986).
American Arbitration Association; Dispute Resolution Board Foundation; Dispute Resolution Board Foundation Region1 Board Member; Dispute Resolution Board Foundation, Co-Chair of Publications Committee; Dispute Resolution Board Foundation, Chair of Education Initiative; International Chamber of Commerce/USCIB Arbitration Committee- Northeast USA Subcommittee.
PUBLICATIONS: "Preventing Ethical Problems while Serving on a Dispute Resolution Board," publication for DRBF Northeast Regional Conference, DRBF, 2023; "Best Practices in Employment Mediation Today," White Paper for the Massachusetts Commission Against Discrimination, 2020; "ESI Discovery in Arbitration, A Primer," Massachusetts Bar Association CLE, Dispute Resolution Symposium, 2017; "Mediation in the United States," THE ARBITRATION AND DISPUTE RESOLUTION LAW JOURNAL, 2000; "Presenting Massachusetts Contractor Claims at the AAA," MASSACHUSETTS LAWYERS WEEKLY, vol. 27, no, 12, November 23, 1998.
SPEAKING ENGAGEMENTS: "How to Manage Large, Complex Construction Hearings," creator and speaker, International Institute for Conflict Prevention and Resolution, 2024; "CPR’s New Dispute Prevention and Management Board Rules - Panel Training" - trainer and speaker, International Institute for Conflict Prevention and Resolution, 2024; "Preventing Ethical Problems while Serving on a Dispute Resolution Board," creator and speaker at Northeast Regional Conference, DRBF, 2023; "Women's DRBF Leadership Webinar: How to Get on Dispute Review Boards," creator and speaker, DRBF webinar, 2022; "Dispute Review Board Foundation's 25th Annual Conference, Regular DRBF Meetings, Virtual or In-person?" webinar, 2021; "Best Practices in Employment Mediation Today," Massachusetts Commission Against Discrimination, 2020; "ESI Discovery in Arbitration, A Primer," Massachusetts Bar Association CLE, Dispute Resolution Symposium, 2017; "MySpace and the Workplace," American Bar Association Webinar, 2010; "The Making of An Arbitrator," American Bar Association's Mid-Year Meeting, Boston, MA, 2009; "Building Codes in Massachusetts," Lorman Education Services, Peabody, MA, 2006; Discovery Issues in Arbitration/The Superadio Case, Boston Bar Association, Boston, 2005; ADR Practice, World of Law Series, Harvard Law School, Cambridge, MA, 2004; "Commercial Arbitration Strategies," Boston Bar Association CLE, Boston, 2004; "Effective Construction Arbitration Advocacy," Massachusetts Bar Association CLE, Boston, 2003; Mock Arbitration Program, Northeastern University School of Law, Boston, 2003; "Damages in Employment Arbitration," Massachusetts Continuing Legal Education, Boston 2000; "Effective Arbitration Advocacy," AAA and Suffolk University Law School, Advanced Legal Studies Program, Boston, 2000; "Dealing with Difficult Attorneys, Parties and Cases in Mediation and Arbitration," SPIDR, 1999.
SPEAKING ENGAGEMENTS: "How to Manage Large, Complex Construction Hearings," creator and speaker, International Institute for Conflict Prevention and Resolution, 2024; "CPR’s New Dispute Prevention and Management Board Rules - Panel Training" - trainer and speaker, International Institute for Conflict Prevention and Resolution, 2024; "Preventing Ethical Problems while Serving on a Dispute Resolution Board," creator and speaker at Northeast Regional Conference, DRBF, 2023; "Women's DRBF Leadership Webinar: How to Get on Dispute Review Boards," creator and speaker, DRBF webinar, 2022; "Dispute Review Board Foundation's 25th Annual Conference, Regular DRBF Meetings, Virtual or In-person?" webinar, 2021; "Best Practices in Employment Mediation Today," Massachusetts Commission Against Discrimination, 2020; "ESI Discovery in Arbitration, A Primer," Massachusetts Bar Association CLE, Dispute Resolution Symposium, 2017; "MySpace and the Workplace," American Bar Association Webinar, 2010; "The Making of An Arbitrator," American Bar Association's Mid-Year Meeting, Boston, MA, 2009; "Building Codes in Massachusetts," Lorman Education Services, Peabody, MA, 2006; Discovery Issues in Arbitration/The Superadio Case, Boston Bar Association, Boston, 2005; ADR Practice, World of Law Series, Harvard Law School, Cambridge, MA, 2004; "Commercial Arbitration Strategies," Boston Bar Association CLE, Boston, 2004; "Effective Construction Arbitration Advocacy," Massachusetts Bar Association CLE, Boston, 2003; Mock Arbitration Program, Northeastern University School of Law, Boston, 2003; "Damages in Employment Arbitration," Massachusetts Continuing Legal Education, Boston 2000; "Effective Arbitration Advocacy," AAA and Suffolk University Law School, Advanced Legal Studies Program, Boston, 2000; "Dealing with Difficult Attorneys, Parties and Cases in Mediation and Arbitration," SPIDR, 1999.
$425 Per Hour
English
United States of America
Arlington, MA
The AAA’s Rules provide the AAA with the authority to administer a mediation including, mediator appointment, general oversight and billing. Accordingly, mediations that proceed without AAA administration are not considered AAA mediations, even when the parties select an mediator who is on the AAA’s Roster.
The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.
The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.
