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MEMBER PROFILE: Neal M. Eiseman
 
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Neal M. Eiseman
Goetz Fitzpatrick LLP
One Penn Plaza, 31st Floor
New York, NY 10119

Tel: (212) 695-8100
Fax: (212) 629-4013
Email: neiseman@goetzfitz.com

www.goetzfitz.com

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ADR SERVICES & REGIONS SERVED
 
ADR Services:
design elementMEDIATOR
design elementARBITRATOR
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design elementADR Training/CME

 

Serving the following regions of New York:
design elementNew York City
design elementLong Island
design elementHudson Valley

[ Click for Map of New York Regions, Counties and Cities ]


CASE EXPERIENCE
 
Neal M. Eiseman has substantive case experience in the following areas:
design elementCommercial/Business
design elementCondominiums
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design elementEnvironmental
design elementInsurance
design elementLegal Malpractice
design elementPartnerships
design elementProfessional Liability
design elementProfessional Malpractice
design elementProperty Damage
design elementReal Estate
design elementWage & Hour/FMLA
 
PROFESSIONAL INFORMATION

Biographical Notes:
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For more than three decades, commercial litigator Neal Eiseman has provided legal counsel to a wide variety of corporate clients in the construction and real estate industries. Representing real estate developers, lenders, owners, construction managers, contractors, sureties, manufacturers and design professionals, he advises clients in both the transactional and litigation aspects of commercial and real estate law. 

Best Lawyers selected Neal as the 2017 “Lawyer of the Year” in New York City for “Litigation-Construction Law” and Super Lawyers named him as one of the “Top 100 Lawyers” in 2016 and 2017 in the New York Metropolitan Area. 

Neal’s commitment to his practice extends beyond the courtroom. He represents clients in arbitration proceedings and also serves as a neutral on the Panel of Construction Arbitrators of the American Arbitration Association (“AAA”), including its Construction Arbitration Master Panel. He also serves on the Panel of Arbitrators for the International Centre for Dispute Resolution. He has served as an arbitrator for New York City’s Civil Court and founded the Bergen County Bar Association’s Construction Law Committee. 

Neal represents clients in all types of commercial mediations. He is a member of both the AAA’s Construction Master Mediator Panel and the Panel of Mediators of the International Centre for Dispute Resolution. Twice this year, Neal taught an intensive five-day AAA mediator training program entitled “Essential Mediation Skills for the New Mediator.” 

As an Adjunct Professor at New York University, he teaches masters courses in construction and real estate law and negotiation and dispute resolution. In 2015, he received NYU’s School of Professional Studies “Award for Outstanding Service.” He is a regular guest speaker at events held by the American Bar Association (“ABA”), the AAA and various construction trade associations. In the recent past, Neal (i) appeared before more than 200 New York City School Construction Authority project managers and spoke about dispute resolution; (ii) spoke as part of a national AAA webinar on “The Overuse of Discovery in Arbitration Proceedings”; (iii) lectured about project delay and scheduling at the ABA’s New York Regional Program entitled “The Fundamentals of Construction Law”; (iv) participated on a panel of experts on “New York’s Prompt Payment Act: An Underutilized Tool for Getting your Client Paid” at New York County Lawyers’ Association; (v) spoke before the New York County Lawyers’ Association on “The Use of ADR in Construction Cases: What the Industry Forms Say about ADR”; and (vi) lectured in 2015 at the ABA’s Annual Litigation Conference in New Orleans about “Best Practices to Maximize the Benefits of Your Next Arbitration.” He also recorded a “Sound Advice” segment for the ABA’s national website. 

Neal writes extensively about construction and commercial issues for various legal publications. In 2015, his opinion piece on how proposed legislation in New York undermines the arbitration of business disputes appeared in the New York Law Journal. In 2015, the Harvard Negotiation Law Review published his article, “Stiffing the Arbitrators: The Problem of Nonpayment in Commercial Arbitration.” In 2013, Neal co-authored an article entitled “A Tale of Two Lawyers: How Arbitrators and Advocates Can Avoid the Dangerous Convergence of Arbitration and Litigation” for Cardozo Law School’s Journal of Conflict Resolution. His opinion piece, titled “Who Will Step Up to Protect Policyholders?”, appeared in the April 19, 2012 edition of the New York Law Journal. Neal is also the author of Practical Law‘s guide to construction projects in New York. 

Neal recently obtained a $1 million-plus arbitration award, which included attorney’s fees, against the sponsor of a Manhattan condominium project on behalf of various unit owners who claimed the fair market value of their apartments had been reduced by virtue of the sponsor’s actions. Neal also obtained a unanimous reversal of an adverse decision of a New York federal trial court when the Second Circuit Court of Appeals held that a “Residential Exclusion” rider in a comprehensive general liability insurance policy does not permit a contractor’s insurance company to disclaim coverage because the project in question involves the construction of a residential condominium project. 

A member of the American and New York and New Jersey state bar associations, the New York County Lawyers’ Association and ABA Sections in Construction and Litigation, Neal is currently Chair of the ABA’s Committee on Arbitration. He is also a member of the New York University Schack Institute of Real Estate/Construction Management Advisory Board, a Member of the AAA’s Arbitrator National Advisory Committee and a Fellow and Board Member of the College of Commercial Arbitrators. 

Neal’s expertise has been widely recognized by publications and fellow attorneys. He is a peer-selected “Best Lawyer in America®,” rated AV Preeminent by Martindale-Hubbell; recognized for ten years as a “Super Lawyer®” in construction; and listed by “Who’s Who Legal” as “one of the world’s leading practitioners” in construction. Neal was also named one of Bergen County, New Jersey’s “Top Lawyers” in (201) Magazine. Chambers USA has referred to Neal as “very intelligent” and “a breath of fresh air,” praising him for his ability to “bring to the table a pragmatic approach.” Recently, Chambers noted that Neal “is the consummate professional, understanding the details and getting to the bottom of things very quickly.”

Education:
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The George Washington University (BA, Journalism, Political Science-1978); St. John's University (JD-1981).

  • ABA, Mediation Advocacy: Advanced Techniques and New Developments, 2008 
  • AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2007 
  • AAA Arbitrator Ethics & Disclosure (ACE003), 2006 
  • ABA, ADR & Construction Committee CLE Seminar, 2005 
  • AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2005
  • AAA Dealing With Delay Tactics in Arbitration (ACE004), 2005 
  • Negotiation Strategy Institute, Cutting Edge Negotiation Strategy for Lawyers, 2002 
  • AAA Arbitrator Update, 2004 
  • AAA Construction Industry Arbitrator II Training, 2001 
  • AAA Construction Industry Arbitrator Training, 2000

Teaching:
  • Faculty, AAA Red Flags & Risk Areas: Challenges to Arbitrator Authority,” (ACE 14), October 25, 2017
  • Adjunct Professor, Master's Program in Real Estate and Construction, New York University School of Professional Studies, Schack Institute of Real Estate, 1990 to present
  • Faculty, AAA eDiscovery: Arbitration in a Digital World (ACE012), 2015, 2016
  • Faculty, AAA Essential Mediation Skills for The New Mediator, 2016, 2015, 2014, 2013 
  • Faculty, AAA Enough Already!  Striking the Right Balance of Discovery in Arbitration, 2014 
  • Faculty, AAA Construction Conference: Cutting Construction Arbitration Costs Without Compromise, 2012 
  • Faculty, AAA Discovery in Construction Arbitration: When is Enough Enough?, 2011
  • Faculty, AAA/ICDR Neutrals Conference, 2010 
  • Faculty, AAA Construction Conference: Maximizing ADR Advocacy for Today's Economy, 2009 
  • Faculty, AAA Advanced Mediator Training, 2009 

Mediation Philosophy:

To be effective, a mediator must facilitate a negotiation on the merits rather than encourage a contest of wills focused on what each side says it will and will not do. It is important to flush-out the interest of the parties and, whenever possible, to explore creative solutions, particularly because a failed mediation usually leads to a litigation or arbitration where a result will be imposed upon the parties.  Preparations by both the parties and mediator is essential. I require the parties to submit pre-hearing submissions to enable me to learn as much as much as possible about the dispute prior to the formal mediation session. It is also critical that those attending the mediation are familiar with the issues and possess full settlement authority, including attendance by representatives of any insurance companies which may be involved. Although I have no objection to attorney participation in the form of an opening statement/evaluation during a joint session at the commencement of the mediation, thereafter I encourage the parties themselves to take an active role. Unless the circumstances dictate that the best result is for both parties to walk away from the mediation without an agreement, an experienced mediator does whatever he or she can to keep the parties moving closer together.  Sometimes this requires the mediator to act more as a facilitator and keep the parties negotiating; other times it requires the mediator to be more pro-active by offering opinions on the strengths and weaknesses of the positions and by furnishing a cost-benefit and/or risk-reward analysis with respect to reaching a voluntary settlement as opposed to proceeding to litigation or arbitration. The best mediators understand the importance of not giving up-even when one or both of the parties appear resigned to a failed mediation.

Languages
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English

Memberships & Affiliations :
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Admitted to the Bar:  New Jersey, 1981; New York, 1982; U.S. District Court:  Southern (1982) and Eastern (1982) Districts of New York; District of New Jersey, 1981; U.S. Court of Appeals, Second Circuit, 1984; U.S. Supreme Court, 1985.
  • Fellow, College of Commercial Arbitrators (Board Member 2016-2019; Executive Committee 2017-2018)
  • Best Lawyer, 2011 to present 
  • Super Lawyer, 2007 to present 
  • Chair, ABA's Committee on Arbitration, 2009 to present
  • Member of the New York University Schack Institute of Real Estate/Construction Management Advisory Board
  • Member, American Arbitration Association's Arbitrator National Advisory Committee
  • Arbitrator, American Arbitration Association
  • Mediator, American Arbitration Association Master Panel
  • International “Who’s Who Legal” Leading Practitioner in Construction 
  • 2015 Recipient of New York University School of Professional Studies' "Award For Outstanding Service." 
  • Chambers USA has referred to Neal as “very intelligent” and “a breath of fresh air,” praising him for his ability to “bring to the table a pragmatic approach.” Chambers also noted that Neal “is the consummate professional, understanding the details and getting to the bottom of things very quickly.”  

Awards and Honors:
  • Best Lawyer's 2017 "Lawyer of the Year" in New York City Litigation-Construction Law;
  • Super Lawyer's "Top 100 Lawyers" in the New York Metropolitan Area for 2016 and 2017; 
  • "Bergen County Top Lawyers", Bergen Top Lawyers, (201) Magazine; 
  • "One of the World's Leading Practitioners" in Construction, Who's Who Legal; 
  • "Award For Outstanding Service," New York University School of Professional Studies, 2015.

Speaking Engagements“Challenges to the Authority of an Arbitrator,” New York State Bar Association’s Dispute Resolution Section 2017 Fall Meeting, New York, N.Y., October 26, 2017; “Navigating the Unique Aspects of Construction Arbitration,” New York Law School, New York, N.Y., June 22, 2017; “The Attorney’s Role in Setting the Stage for a Successful Mediation,” St. John’s School of Law, Queens, N.Y., February 25, 2017; “The Use of ADR in Construction Law Cases:  What the Industry Forms Say about ADR,” New York County Lawyers’ Association, New York, N.Y., May 12, 2016; “Arbitrator Ethics,” AAA Higginbotham Fellows Program, New York, N.Y., May 5, 2016; “Building a Sustainable ADR Practice,” New York State Bar Association, New York, N.Y., March 29, 2016; “A Litigator’s Guide to Arbitration: Best Practices to Maximize the Benefits of Your Next Arbitration,” ABA Section of Litigation Annual Conference, New Orleans, LA, April 17, 2015; “Construction Dispute Resolution: A Blueprint for an Effective Process,” New York City School Construction Authority, April 6, 2015; “Enough Already! Striking the Right Balance of Discovery in Arbitration,” AAA Webinar, December 16, 2014; "Stories Mediators Tell:  The Good, The Bad, The Ideal!" AAA/ABA-DR's Mediation Week 2014, New York, N.Y., October 14, 2014; "Arbitration/Mediation Update," New Jersey Construction Litigation Conference, Edison, N.J, September 16, 2014; "Construction Law," New York University Summer Institute in Construction Project Management, New York City, June 16, 2014;  "The Fundamentals of Construction Law," ABA, New York, N.Y., November 8, 2013; "New York's Prompt Payment Act: An Underutilized Tool For Getting Your Client Paid," New York County Lawyer's Association, New York, N.Y., September 9, 2013; "Dealing with Attorneys Who Don't Play Well in the Sandbox: Identifying Tactics Intended to Derail Your Arbitration and How Best to Thwart Them," ABA Annual Litigation Conference, Chicago, Ill, April 26, 2013; "Discovery in Arbitration: When Is Enough Enough?" AAA's 2012 Construction Conference at New York University Law School, June 1, 2012; "The Effective Use of Mediation and Arbitration," Presentation before New York City Bar Association, New York, N.Y., December 13, 2011; "Discovery in Construction Arbitration: When is Enough, Enough?", AAA, New York, N.Y., May 20, 2011; "Understanding New York's Prompt Payment Law," Presentation before Real Estate Board of New York and Associated General Contractors, New York, N.Y., February 15, 2011; "Not on My Watch: How to Properly Manage a Construction Arbitration Case," 2010 AAA/ICDR Neutrals Conference, Orlando, Florida, November 5-6, 2010; "We're Not Gonna Take It: Drafting a Takeover Agreement That's Acceptable to Lender, Owner, Contractor and Surety," ABA, Forum on the Construction Industry, Miami, Florida, September 2, 2010; "Mediator Ethics: Objective Standards & Subjective Practices," Advanced Mediator Training, AAA, November 11, 2009.


Mediation References:
  • Michael J. Altschuler, AIA, mjaltschuler@earthlink.net, (212) 249-0009; 
  • Joseph P. Asselta, Esq., Agovino & Asselta, LLP, jasselta@agovinoasselta.com, (516) 248-9880;
  • Jarrett M. Behar, Esq., Sinnreich Kosakoff & Messina LLP, jbehar@skmlaw.net, (631) 650-1200;
  • Sarah Biser, Esq., McCarter & English, LLP, sbiser@mccarter.com, (212) 609-6859; 
  • Bill P. Chimos, Esq., Zetlin & DeChiara LLP, bchimos@zdlaw.com, (212) 682-6800; 
  • Dennis A. Estis, Esq., Greenbaum Rowe Smith Davis LLP, destis@greenbaumlaw.com, (732) 476-2510; 
  • Louis Biancone, Esq., Biancone & Wilinsky, LLP, lbiancone@bianconeandwilinsky.com, (212) 661-1888; 
  • Brian T. Belowich, Esq., Belowich & Walsh LLP, bbelowich@belowichwalsh.com, (914) 367-0098;
  • Matthew T. Worner, Esq., The Law Office of Matthew T. Worner, mtw@wornerlaw.com, (914) 949-4239; 
  • Edmund C. Grainger, III, Esq., McCullough, Goldberger & Staudt, LLP, egrainger@mgslawyers.com, (914) 949-6400;
  • Thomas H. Welby, Esq., Welby, Brady & Greenblatt, LLP, twelby@wbgllp.com, (914) 428-2100; 
  • Robert Bannon, II, Esq., Welby, Brady & Greenblatt, LLP, rbannon@wbgllp.com, (914) 607-6455;
  • Michael F. Kuzow, Esq., Westermann Sheehy Keenan Samaan & Aydelott, LLP, michaelkuzow@westerlaw.com, (516) 794-7500;
  • Gregory H. Chertoff, Esq., Peckar & Abramson, P.C., gchertoff@pecklaw.com, (212) 382-0909;
  • Anthony Galano, III, Esq., Ellenoff, Grossman & Schole LLP, agalano@egsllp.com, (212) 370-1300;
  • Cari Lewis, Esq., Alonso, Andalkar & Facher, PC, clewis@alonsolegal.com, (212) 598-5900; 
  • Fred Cohen, Esq., Duane Morris, LLP, fcohen@duanemorris.com, (212) 692-1030; 
  • Daniel Weinberger, Esq., Gibbons PC, dweinberger@gibbonslaw.com, (212) 613-2063;
  • Alexander Miuccio, Esq., Welby, Brady & Greenblatt, LLP, amiuccio@wbgllp.com; (914) 607-6480;
  • Robert J. MacPherson, Esq., Gibbons PC, rmacpherson@gibbonslaw.com, (973) 596-4811;
  • John E. Bulman, Esq., Pierce Atwood LLP, jbulman@pierceatwood.com, (401)490-3435
  • John J. Janiec, Esq., Law Office of John J. Janiec, jjaniec@jjjlawoffice.com, (212) 629-0027
  • Charles R. Pierce, Esq., Tarter Krinsky & Drogin LLP, cpierce@tarterkrinsky.com; (212) 216-1148
  • Andrew J. Carlowicz, Jr., Esq., Hoagland, Longo, Moran, Dunst & Doukas, LLP,  acarlowicz@hoaglandlongo.com, (732) 545-4717; 
  • Kevin J. O'Connor, Esq., Peckar & Abramson, P.C., koconnor@pecklaw.com, (201) 343-3434; 
  • Kevin Russell, Esq., Kevin J. Russell, Esq., LLC, kevin@krussellesq.com, (201) 360-3776; 
  • Robert M. Jacobs, Esq., Winne, Banta, Basralian & Kahn, P.C., rjacobs@winnebanta.com, (201) 562-1020; 
  • Timothy J. DeHaut, Esq., Giordano Halleran & Ciesla, TDeHaut@ghclaw.com, (646) 475-8065; 
  • Randy J. Heller, Esq., Gallet Dreyer & Berkey, LLP, rjh@gdblaw.com, (212) 935-3131; 
  • Thomas S. Tripodianos, Esq., Welby, Brady & Greenblatt, LLP, ttripodianos@wbgllp.com,  (914) 607-6440; 
  • Stephen E. Ray, Esq., Stein Ray LLP,  sray@steinraylaw.com, (312) 641-3700; 
  • Brian G. Lustbader, Esq., Schiff Hardin LLP, blustbader@schiffhardin.com, (212) 745-9576
  • Charles J. Stoia, Esq., Porzio, Bromberg & Newman, P.C., CJStoia@pbnlaw.com, (973) 889-4106  

Additional references available upon request.


RATES & PAYMENT INFORMATION

Rates: Please call Neal's office for availability and details.
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