GLEASON ALVAREZ ADR | COMMERCIAL MEDIATION SERVICES

Mediation is the parties’ process.

It’s my role, as mediator, to support you in exploring ways to resolve this dispute and ultimately put the problem behind you / your client.

My philosophy as a mediator is to encourage parties to think outside of the box created
by their dispute. Once you arrive at mediation, it's less about who is right and more
about how to move on in a way that is fair and sustainable. To do this, I help
parties look at all sides of the dispute, listen to their concerns, and build a
negotiation process that everyone can trust. From there, we can explore viable
settlement options.

Recognition & Affiliations

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Commercial Mediation Panel, Commercial Arbitration Panel

New York and National Mediation Panels

Representative Matters

Business & Commercial Mediation

Several business dissolution claims, including distribution, accusations of fraud, breach of fiduciary duty, corporate waste, breach of contract.
Nine-figure breach of contract dispute between large international corporations involving performance, warranty, and indemnity issues.
Several commercial lease disputes.
Disputes among residents and coop/condo.
Business separation between two medical doctors.
Various breach of commercial contract matters.

Entertainment

Intellectual property dispute among filmmakers as to ownership of joint project.
Breach of pre-production agreement and related employment contracts.
Breach of option agreements.
Dissolution of production company.
Royalties disputes.
Breach of license agreement, misuse of trademarks, promotion obligations.

Construction

Several construction defect matters related to commercial property.
Several construction defect matters relating to residential property.
Insurance coverage claim involving architects & engineers.

Employment

Breach of employment contract claims.
Wrongful termination.
Retaliation claims.

Insurance Coverage

• First and third-party.
• Primary and excess.
• Commercial general liability.
• Commercial property/premises liability.
• Residential property damage.
• Construction defect (commercial and residential property).
• Payor/provider disputes between hospitals and health insurance companies.
• Professional liability.
• Employment practices liability.

• Dispute between carriers for contractor relating to liability.

Stages of Mediation

While mediation is not a one-size-fits-all process,

here is a general overview of how many mediations proceed.

I design every mediation with input from the parties

and tailored to meet their needs.

Convening

At the outset, all parties are gathered together for an online meeting. During this time, we agree on the parameters for the mediation and address administrative issues.

Submissions

It is often helpful to receive letters from counsel that address their goals for the mediation, along with their assessment of the case.

NB: this step should not be read as time for your pre-trial memo.

Individual Party Conferences

So long as the parties agree, I prefer to meet with each party individually before the mediation.

This gives me the chance to ask questions following submissions and to help me plan for the upcoming negotiation.

Mediation Session

Mediation works best when you come to the session with a clear and realistic idea of what you hope to accomplish.... Perhaps in the form of an early stage memo of understanding (with the knowledge that this document will evolve over time as the negotiation proceeds).

Resources

Mediation Inquiry

Please feel free to reach out with any questions about mediation, whether your case is ripe for mediation, or how we can work together.

Click below to send me an email.

Contact Erin

Submission Guidance

Your mediation statement should not remotely resemble a motion for summary judgment. If you are going to make a submission to the mediator, provide insights about the case that she can use to explore settlement.

Click below for suggestions.

THOUGHT LEADERSHIP