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Simeon H. Baum, Mediator & Arbitrator, New York, New York.

Simeon H. Baum

Resolve Mediation Services, Inc.
1211 Avenue of the Americas, 40th Floor
New York, NY, 10036
Tel: (212) 355-6527
Fax: (212) 7530396
Website: www.mediators.com
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Recognized to New York Chapter for Mediation & Arbitration

Regularly travels out of state to: Connecticut, New Jersey

Other ADR Services: ADR Training/CME, Early Neutral Evaluation, Med-Arb
Video Conferencing
Available
  • Practice Commenced: 1992
  • Total Mediations (as of Sep 2020): 2000
  • Total Arbitrations (as of Sep 2020): 20
Practice Percentages
  • NEW YORK-NEWARK

Biographical

Simeon Baum, President of Resolve Mediation Services, Inc., has successfully mediated nearly 2,000 disputes.  He has been active since 1992 as a neutral in dispute resolution, assuming the roles of mediator, neutral evaluator and arbitrator in a variety of cases, including the highly publicized mediation of the Studio Daniel Libeskind-Silverstein Properties dispute over architectural fees relating to the redevelopment of the World Trade Center site, and Trump's $ 1 billion suit over the West Side Hudson River development.  Since 2005, he has consistently been listed in “Best Lawyers” and “New York Super Lawyers” for ADR, was the Best Lawyers’ “Lawyer of the Year” for ADR in New York for 2011, 2014, 2018 and 2020 ; and in International Who’s Who of Commercial Mediation Lawyers 2012-2020.

An attorney, with over 30 years' experience as a litigator, Mr. Baum has served as a mediator or ADR neutral in a wide variety of matters involving claims concerning business disputes, financial services, securities industry disputes, reinsurance and insurance coverage, property damage and personal injury, malpractice, employment, ERISA benefits, accounting, civil rights, partnership, family business, real property, construction, surety bond defaults, unfair competition, fraud, bank fraud, bankruptcy, intellectual property, and commercial claims.

Mr. Baum has a longstanding involvement in Alternative Dispute Resolution ("ADR"). He has served as a neutral for the United States District Courts for the Southern and Eastern Districts of New York Mediation Panels; New Jersey Superior Court, Civil Part, Statewide; Commercial Division, New York State Supreme Court, New York & Westchester Counties; U.S. Bankruptcy Court, Southern & Eastern Districts of New York; the New York Stock Exchange; National Association of Securities Dealers; the U.S. Postal Service, the U.S. Equal Employment Opportunity Commission, CPR, AAA, and National Academy of Distinguished Neutrals (NADN), among others. 

MEDIATION and NEUTRAL DISPUTE RESOLUTION SERVICES
Mr. Baum has a longstanding involvement in Alternative Dispute Resolution (“ADR”). Privately, through Resolve Mediation Services, Inc., or through various panels, he has served as a mediator or ADR neutral in a wide variety of matters involving claims concerning business disputes, financial services, securities industry disputes, reinsurance and insurance coverage, property damage and personal injury, admiralty, transportation, malpractice, professional liability, employment discrimination, ERISA benefits, civil rights (1983), fair housing discrimination, real property, construction, real estate development, mortgages, rent, surety bond defaults, accounting, partnerships, unfair competition, fraud, bank fraud, civil forfeiture, bankruptcy, intellectual property, entertainment, sports management, and commercial claims.


Mr. Baum has served as a neutral on the United States District Court for the Southern District of New York Mediation Panel; the United States District Court for the Eastern District of New York Mediation and Early Neutral Evaluation Panels; the US Bankruptcy Court ADR panels for the Southern and Eastern Districts of New York; the New York County Supreme Court’s Commercial Division ADR Panel and Matrimonial Fee Dispute Arbitration Panel; the American Arbitration Association’s (“AAA”) Panel of Arbitrators and Mediators; New Jersey’s Superior Court, Statewide; the New York County Small Claims Court’s Arbitration and Mediation Panels; the mediation panel of The Financial Industry Regulatory Authority (“FINRA”, formerly the National Association of Securities Dealers (“NASD”)); the mediation panels for the U.S. Postal Service (“USPS”) and the U.S. Equal Employment Opportunity Commission (“EEOC”), was on Judicate’s non-judicial mediation panel; and the New York City Bar Association’s ADR panel for disputes between lawyers; and serves on the commercial neutral ADR panel of CPR (formerly “Center for Public Resources” now “Center for Conflict Prevention and Resolution”), among others.


Mr. Baum has served on the Advisory Committee to the New York County Supreme Court’s Commercial Division ADR Panel, in connection with which he spoke at the Commercial Division’s First Anniversary celebration and, for the first two anniversary celebrations, led panel discussions for its ADR neutrals. He also has served on the ADR Advisory Group and Mediation Ethics Advisory Committee, for the New York State Unified Court System. He served as the first Chair of the New York State Bar Association’s Dispute Resolution Section. During his term, the Section grew from a former ADR Committee of 93 members to an 800 member Section. He had previously served as subcommittee chair of the New York State Bar Association’s ADR Committee. He is past Chair of the New York County Lawyers Association’s Committee on Arbitration and Alternative Dispute Resolution, and also chaired its Continuing Legal Education (“CLE”) subcommittee for several years. He is on the Board of Governors, NYS Attorney-Client Fee Dispute Resolution Program, and served as Chair of the Joint Committee on Fee Disputes and Conciliation (a collaboration of the Association of the Bar of the City of New York, NYCLA, and the Bronx County Bar Association), when Part 137 of the Rules of the Chief Administrator of the New York State Court was first implemented. This required forming and training a panel of neutrals and overseeing the mandatory arbitration and voluntary mediation of attorney client fee disputes in New York and Bronx Counties. Mr. Baum has also served as Chair of the Legislative Tracking Subcommittee of the ABA Litigation Section’s Alternative Dispute Resolution Committee; and as a member of the ABA’s Dispute Resolution Section’s Mediation Committee.


He has contributed articles on ADR to, inter alia, the Conflict Management Newsletter, published by the ABA’s Committees on ADR and Arbitration, and to Metropolitan Corporate Counsel; served as Official Reporter of the Colloquia held for federal court neutrals in the Eastern District of New York; and spoke before Chief Judge Judith S. Kaye’s Task Force on the implementation of ADR in the New York State Courts.


Mr. Baum has shared his enthusiasm for ADR through teaching, training, and public speaking. He is a member of the top ranked ADR faculty of the Benjamin N. Cardozo School of Law where he teaches Negotiation, and has taught Processes of Dispute Resolution (focusing on Negotiation, Mediation and Arbitration) and has taught “The Fundamentals of ADR” at New York University’s School of Continuing and Professional Development in a Certificate Program in Dispute Resolution sponsored by the Department of Finance, Law and Taxation. He developed and conducts three-day programs training mediators for the Commercial Division, Supreme Court, New York, Queens, and Westchester Counties. He has facilitated mediation trainings given under the auspices of the Center for International Cooperation and Conflict Resolution at the Teacher’s College of Columbia University, the National Association of Securities Dealers (“NASD”) and United States Bankruptcy Court for the Southern District of New York. Mr. Baum is a regular speaker on ADR at “Bridge the Gap” CLE programs presented by NYCLA, and speaks widely before Bar Groups, Judges, and other professional organizations on ADR. In 2009, he travelled to Moscow by invitation of the US State Department/DOJ to join Magistrate Judge Robert M. Levy training Russian mediators for the Moscow Chamber of Commerce.


BUSINESS LITIGATION
Mr. Baum has a varied background in litigation of a wide variety of matters important to businesses. He has handled commercial and corporate litigation involving securities, real estate, construction, unfair competition, common law fraud, intellectual property, defamation, commercial paper, UCC claims, creditors’ rights, secured transactions, and bankruptcy. He also has experience in disputes relating to partnership dissolutions and accountings.

By way of example, Mr. Baum litigated on behalf of 150 investors in the Boardwalk Marketplace securities offering, who were bilked of their multi-million dollar investment in a three square block area of Atlantic City by the convicted felon, John Galanis, and were subsequently pursued by various banks to whom their investment notes had been assigned. The notes were held to be non-negotiable instruments, freeing the investors to assert various defenses against the banks which would otherwise have been unavailable.


Mr. Baum has consistently sought ways to bring value to clients through efficient approaches to litigation. For example, even before filing a formal answer he successfully moved to dismiss a $25 million claim of fraud in connection with a merger and acquisition. Similarly, while representing a general contractor in a construction litigation matter, Mr. Baum used summary judgment proceedings to abort trial of a $600,000 subcontractor’s claim and obtain a $200,000 award for the general contractor on the counterclaim. He has successfully prosecuted actions on commercial obligations from commencement through enforcement proceedings to obtain collection of substantial claims.


Mr. Baum has represented business interests from the European Community and the Pacific Rim. In addition to judgments for EC companies, he has obtained a judgment of over $800,000 for a Taiwanese business, and a $4.5 million dollar judgment on behalf of the largest privately held company in Hong Kong.


INSURANCE/REINSURANCE LITIGATION
Mr. Baum spent more than three of his years of practice exclusively in the representation of reinsurers in disputes with ceding companies or retrocessionaires. These often complex and high-stakes disputes involved the reinsurance of a variety of types of property and casualty policies, ranging from self-insured retention on retrospectively rated business, workers compensation, general liability, professional liability, and directors and officers coverage, subject to aggregate excess of loss and quota share reinsurance treaties, as well as facultative agreements. For example, Mr.
Baum was involved in the successful representation of reinsurers of AIG, seeking rescission of aggregate excess quota share treaties, bearing $50 million in liability, on the ground of, inter alia, misrepresentation of the maximum premium on self-insured retention policies, serving as the trigger of liability under one set of treaties.
Mr. Baum has also been involved in ground level coverage disputes, and has represented claimants seeking disability coverage.


PRODUCTS LIABILITY and TORT LITIGATION
Earlier in his legal career, Mr. Baum conducted a number of jury trials in connection with the defense of tort claims ranging from death at a construction site, through wrongful arrest, slip and fall, automobile injuries and property damage. He has been involved in the defense of claims relating to asbestos and other products liability claims.
Mr. Baum has served as CLE chair of the New York County Lawyers Association’s Environmental Law Committee, and, inter alia, chaired an Evening Forum at the Home of Law on legal issues relating Lead Poisoning, including the prosecution and defense of lead claims, insurance coverage, the statutory scheme and abatement. He has been qualified as a New York City Department of Health Speaker on Lead Poisoning.


Case Experience

  • ADA Disability
  • Admiralty
  • Appellate
  • Arts (Fine/Performing)
  • Aviation
  • Banking & Finance
  • Bankruptcy/Creditors
  • Civil Rights
  • Class Actions
  • Commercial/Business
  • Community Associations
  • Condominiums
  • Construction
  • Contract Disputes
  • Cross Cultural
  • EEOC
  • Employment
  • Entertainment Sector
  • Environmental
  • Family Businesses
  • Insurance
  • Intellectual Property
  • International
  • Legal Malpractice
  • Partnerships
  • Personal Injury
  • Postal
  • Premises Liability
  • Probate
  • Product Liability
  • Professional Fees
  • Professional Liability
  • Professional Malpractice
  • Professional Negligence
  • Property Damage
  • Real Estate
  • Securities
  • Shareholder Disputes
  • Sports
  • Technology
  • Torts
  • Transportation
  • Trusts / Estates
  • Wrongful Death

Education

Mr. Baum is a graduate of the Fordham University School of Law, where he was Commentary Editor of the Fordham International Law Journal, and received his B.A., cum laude, and M.A., with distinction, in the Comparative Study of Religion from Colgate University. He speaks Spanish and Japanese.

Prior to attending law school he worked for the options trading operation of O'Connor & Associates on the American Stock Exchange ("AMEX") and opened and ran the New York office of First Options of Chicago, a stock options clearing house serving stock options market makers.

Detailed Academic/Professional Bio


I. Profession
Attorney and mediator. Bar admissions:
• New York State Bar, 1st Department, 1983
• United States District Court, SDNY, 1984
• United States District Court, EDNY, 1984
II. Professional Organizations
• Member Board of Directors, Federal Bar Association, 2013 – Present
• President, Federal Bar Association SDNY Chapter, 2011 – 2012; previously President-Elect
• Chair, Federal Bar Association, ADR Section
• Fellow, Federal Bar Association, 2009 – Present
• Member, Federal Bar Association National Council, 2006-present
• Executive Committee Member, N.Y. State Bar Association’s Dispute Resolution Section, 2008 – Present
• House of Delegates Member, N.Y. State Bar Association, 2008 – Present (minus 1 year off)
• Board Member, N.Y. State Bar Association’s Section Delegates Caucus, 2013 – Present
• Founding Chair of the N.Y. State Bar Association’s Dispute Resolution Section 2008-2009; Executive Committee Member 2009-present
• Chair, ABA Alternative Dispute Resolution Section, September 2008 – present.
• Member Board of Governors, NYS Attorney-Client Fee Dispute Resolution, present
• Past Chair, Joint Committee on Fee Disputes and Conciliation (of Association of the Bar of the City of New York, New York County Bar
Association and Bronx County Bar Association), responsible, inter alia, for administering arbitrations or mediations of attorney-client fee disputes subject to 22 NYCRR, Part 137 of the Rules of the Chief Administrator, Office of Court Administration. 2002 – 2004. • Fellow, American Bar Foundation, 2004 – present
• Committee on Committees, New York County Lawyers Association Committee (“NYCLA”), 2002-present, liaison to ADR Committee, Insurance and Health Law Committee, ad hoc NYCLA membership committee
• Advisory Group member, Alternative Dispute Resolution Advisory Committee, New York State Unified Court System (OCA), 1999 – present
• Advisory Group member, Supreme Court, State of New York, New York County Commercial Division ADR Advisory Group, 1997 – present
• Subcommittee Chair, NYSBA ADR Committee on Delivery of ADR Services, 1998 – 1999.
• Legislative Tracking Chair, American Bar Association, Litigation Section, Committee on ADR, 1994-1997
• Charter Member, ABA, Dispute Resolution Section, Corporate Liaison Committee
• Committee Chair, NYCLA, Committee on Arbitration and Alternative Dispute Resolution 1997-2000; previously CLE Chair 1995-1997;
• Legislative Tracking Chair, NYCLA Environmental Law Committee, 1993-1996
III. Professional Experience:
I have practiced law for more than 30 years as a commercial and general civil litigator. Having spent the first ten years of my legal career with various firms, I commenced a dual practice as litigator and neutral party. I am a principal of the firm of Simeon H. Baum, Esq., New York, New York concentrating on business litigation.
Earlier Firms:
• Miller Singer Raives & Brandes, reinsurance boutique that merged into what is now KMZ Rosenman (www.kmzr.com) (1989-92);
• Certilman Haft Balin Buckley & Kremer (1986- 89)(acquired in late 1988 by Rivkin Radler Dunne and Bayh, then merger undone in summer 1989; several former members of litigation group now at Reed Smith);
• Delson & Gordon (group now merged into Dorsey & Whitney)(1985-86);
• Semel, Boeckman & Skydel (1983-85)
As a litigator, I have represented clients in a wide variety of areas, including complex commercial litigation, securities litigation, reinsurance matters, insurance industry matters, tort defense, employment disputes, unfair competition, intellectual property, real estate, coop/condo litigation, defamation, construction litigation, Uniform Commercial Code (“UCC”), creditors’ rights, bankruptcy, business fraud, and partnership dissolution. As a litigator and a mediator, I have handled substantial eight figure disputes (mediator, over $1 billion at issue).
As President of Resolve Mediation Services, Inc. (http://www.disputeResolve .com), I have mediated nearly 2,000 disputes. I have been active since 1992 as a neutral in dispute resolution, assuming the roles of mediator, neutral evaluator and arbitrator in a variety of cases including mediation of the Studio Daniel Libeskind-Silverstein Properties dispute over architectural fees relating to the redevelopment of the World Trade Center site, and Trump’s $ 1 billion suit over the West Side Hudson River development.
I have served as a mediator or ADR neutral in a wide variety of matters involving claims concerning business disputes, partnership dissolutions or reorganizations; financial services, M&A, securities industry disputes, reinsurance and insurance coverage (first and third party claims), property damage and personal injury, malpractice, employment discrimination, ERISA benefits, accounting, civil rights, fair housing, real property, construction, surety bond defaults, unfair competition, fraud, bank fraud, bankruptcy, intellectual property (patents, trademarks, copyright), and a wide range of commercial claims.
IV. Mediation & Arbitration Panels:
• American Arbitration Association – Panel of Arbitrators and Mediators;
• CPR – International Institute for Conflict Prevention and Resolution – Commercial Arbitration and Mediation Panels;
• National Academy of Distinguished Neutrals (NADN)(founding NY Board Member)
• United States District Courts for the Southern District of New York Mediation Panel;
• United States District Courts for the Eastern Districts of New York Mediation and Early Neutral Evaluation Panels;
• Commercial Division, New York State Supreme Court, New York, Queens, Nassau, Suffolk, and Westchester Counties, ADR Panels;
• New Jersey Superior Court, Civil Part, Statewide CDR Mediation Panel;
• U.S. Bankruptcy Court, Southern District of New York Mediation Panel;
• U.S. Bankruptcy Court, Eastern District of New York Mediation Panel;
• National Arbitration Forum (withdrew)
• JUDICATE Mediation Panel (no longer active)
• Joint Committee on Fee Disputes & Conciliation (NYCLA, Association of the Bar of the City of New York, Bronx County Bar Association) Arbitration and Mediation Panels
• NYS Supreme Court, New York County, Matrimonial Fee Dispute Panel, Part 136 Arbitrator
• New York Civil Court, Small Claims Part, Arbitration and Mediation
• New York Stock Exchange, Large Case Mandatory Mediation Panel (former SRO)
• National Association of Securities Dealers Mediation Panel (former SRO)
• FINRA – successor to NYSE and NASD – Mediation Panel
• U.S. Postal Service REDRESS Panels and REDRESS II (Blue Ribbon Panel)
• U.S. Equal Employment Opportunity Commission pro bono and Contract Mediation Panels
V. Mediation Training:
First ADR training: Early Neutral Evaluation/Mediation Training; a two or three day course given by Linda Singer, Michael Lewis (and possibly Margaret Shaw or Nancy Rogers) for neutrals in the EDNY ADR program. I estimate that this took place in 1992 or 1993. This involved lecture, role plays and feedback.
Thereafter, I took courses through the SDNY ADR program and elsewhere, essentially for the panels listed in answer to 2(d), above.
Much of my learning has been in the role of facilitator or teacher in other ADR programs.
I have trained mediators, developing and leading the following programs:
• Three-day training program for mediators on the ADR panel of the Commercial Division of Supreme Court, New York County, developed manual and jointly led this training program, with Stephen A. Hochman.
• Two-day training program for mediators on the ADR panel of the Commercial Division of Supreme Court, Westchester County, developed manual and led training program
I facilitated mediation training in the following programs:
• Two-day training in Mediation Course, International Center for Cooperation and Conflict Resolution, Columbia University Teachers College Winter 1997;
• Day training in Mediation Course, Benjamin N. Cardozo School of Law, Spring 1998, and facilitated with feedback in mediation role play one day, January 1999;
• Three-day training of NASD and Bankruptcy Court Mediators, Winter 1997-’98, and, again, same three day course in October 1998.
In addition, I have taught the following ADR courses, as an adjunct Professor. These courses involved preparing role plays and other exercises for students designed to develop ADR skills, awareness of bargaining styles and methods, communication skills and other functions relating to ADR training:
• “Negotiation” (25 hours), at Benjamin N. Cardozo School of Law, Spring 2002 – 2016;
• “Dispute Resolution Approaches and Processes” (25 hours), at Benjamin N. Cardozo School of Law, Summer Institute, Summer 2002 – 2004;
• “Negotiation and Mediation” (25 hours), at Benjamin N. Cardozo School of Law, Summer Institute, Summer 1998 – 2001;
• “Fundamentals of ADR” (25 hours for each course), New York University School of Continuing and Professional Studies, Department of Finance, Law & Taxation, Certificate Program in Dispute Resolution.
In addition, through participation in various Bar related and ADR organizations, I have participated in the formation, moderation and facilitation of numerous ADR trainings and panels including:
NYCLA
• Part 137 Attorney-Client Fee Arbitration Training, October 2015, February 2013 & November 2010
• Speaker, “How to Handle an Employment Discrimination Case,” NYCLA Employment Committee, May 2012
• Panelist, “Mediation Diversity: Tips for Becoming a Mediator and Developing a Successful Practice,” March 2012
• Presenter, “ADR in Commercial Litigation, ” December 2008
• “Nuts and Bolts of New York Partnership Law” (speaking on dispute resolution of Partnership matters, with a focus on mediation) March 2006;
• “Mediation in Bankruptcy” November 2004;
• Presenter, “Bridge the Gap” (portion on Alternative Dispute Resolution), Quarterly presentations, 1999 – present;
• “Effective Mediation Advocacy: Tips for Representing the Client” October 2003;
• “Impasse Breaking Techniques in Mediation” Winter 1998;
• “Hot Topics in Securities Arbitration” Spring 1998 (co-sponsor to Securities Committee);
• “Hot Topics in Securities Arbitration” Spring 1996;
• “How to Represent Your Clients Successfully in the New Mandatory Mediation and Early Neutral Evaluation Programs in the U.S. District Courts”;
NYSBA and ABA
• Moderator & Co-Chair, “Exploring New Frontiers in ADR – A Fresh Look at Mediation and Arbitration Theory, Practice and Skills,” NYSBA’s Dispute Resolution Section’s Annual Meeting, January 2014
• Three-day Commercial Mediation Training (24 CLE credits), Fordham University School of Law, 2010 – 2016;
• Moderator & Speaker, Dispute Resolution and E-Discovery, ABA Annual Meeting Chicago, IL April 2013
• Speaker, NYSBA “Meet The Mediator,” Fordham Law School, February 2013
• Speaker, NYSBA’s Young Lawyers Section “Bridge The Gap” Program, Albany, NY October 2010 – 2012
• Speaker, NYSBA’s EASL “Effective Representation in Mediation,” October 2012
• Two-day Advanced Commercial Mediation Training (16 CLE credits), Fordham University School of Law, April 2010
• Moderator, NYSBA Dispute Resolution Section Annual Meeting, “Hybrid Processes: Challenges and Opportunities in the 21st Century and Beyond,” January 2009;
• Presenter, NYSBA Commercial Division Training, “Mediation Advocacy Training for Women and Minorities,” October 2007
• Moderator, Committee on Alternative Dispute Resolution Annual Meeting, “Winning Through Mediation: Know When to Hold ’Em and Know When to Fold ’Em” January 2007;
• “Making the Tough Calls,” Heller Ehrman Continuing Education Legal Education Program, May 2005;
• Panelist speaking on mediation in CLE program presented by NYSBA Securities Committee on Mediation and Arbitration in the Securities Industry, November 1998;
• Panelist (mediator) on NYSBA Committee on Alternative Dispute Resolution Program: Effective Advocacy in Mediation,” Winter 1997-98;
• Chair of Breakfast Program, ABA Litigation Section ADR Committee: Implications of the RAND Corporation Report on ADR in the Federal Courts, Summer 1997;
• Panelist, New York State Supreme Court, New York County,
• Commercial Division, Anniversary Neutrals’ Luncheon Forum, Fall 1997 and Fall 1996;
FBA
• Presenter, “Mediation & Discovery,” Fifth Annual FBA Hawaii Conference – Honolulu, Hawaii, December 2013
• Presenter, “Effective Representation in Mediation,” FBA ADR Section Webinar, April 2013 & June 2014
• Moderator & Speaker, Dispute Resolution and E-Discovery, a discussion surrounding the 2nd Edition of Tompson Reuters/Westlaw’s book by the same name (1.5 CLE credits), September 2012
NYSDRA
• Panelist ADR Day Program 2000;
CPR
• Two-Day Advanced Commercial Mediation Training (16 CLE credits), Fordham University School of Law, January 2012 & June 2013
PLI
• Presenter, Bridge The Gap “Effective Representation in Mediation,” September 2011, January 2014, August 2014, January 2015, August 2015, September 2015
• Presenter, Bridge The Gap “Negotiation for Dealmaking, Disputes & Mediation,” January 2012, August 2012, January 2013, August 2013
ACR-GNY
• Speaker, “Hawking Our Wares in the Marketplace of Values – Selling Quality Not Cost When Promoting Mediation; & the Interplay of Global Norms of Justice and Harmony in the Mediation Forum,” June 2014
• Panelist, “Discussion on E-Discovery,” Cardozo Law School, June 2013
• Speaker, “Mediating High Profile Cases,” ACR-GNY Breakfast, October 2007
NASP
• Speaker, NASP 2006 Conference…It’s a Jungle Out There! Presentation on “Alternatives to Jury Trial – How To Succeed In Subrogation Without Really Trying,” June 2006;
• Presenter, “Nuts and Bolts of a Successful Mediation/ ADR in Large Loss Subrogation Matters,” Subrogation Litigation Skills Conference, Las Vegas, Spring 2008.
Russia and MGU Law Students
• Hosted and Presented “ADR in the United States” to a group of Russian Law Students from MGU – Russia’s top law school – led by Professor Gaya Davidyan, 2010 – 2016
• Participated in the International Conference “The Use of Mediation for the Settlement of Commercial Disputes under Modern Economic Conditions” attended by over 150 representatives of small, medium, and big businesses, as well as defense attorneys, practicing lawyers, and government officials was held December 3, 2009, at the Congress Center of the Russian Chamber of Commerce and Industry with the support of the U.S. Department of Justice, U.S. Embassy, and the Russian Center for Arbitration and Mediation, Russia Chamber of Commerce, Moscow, Russia – 2009
• Presenter, “The Mediation Workshop,” Presentation with the Hon. Robert M. Levy of a Master Class on Commercial Mediation held at the Russia Chamber of Commerce – Moscow, Russia – 2009
New York City Bar Association
• Speaker, “Presentation on Court-Annexed ADR at the In-House/Outside Litigation Group,” NY City Bar Association, May 2013
• Speaker, “How To Negotiate Successfully in a Cross-Cultural Environment,” International Legal Training Conference, October 2011
• Panelist, “Negotiation, Mediation and Alternative Dispute Resolution – How to Negotiate Successfully in a Cross-Cultural Environment,” October 2011
• Panelist on Settlement Counsel Discussion, November 2010
Erie County Bar Association – Buffalo, NY
• Presenter, Three-day Commercial Mediation Training (24 CLE credits), The Buffalo Club, October 2015;
NDNY
• Speaker, “The Mediator’s Art,” NDNY Mediation Training, Utica, NY, November 2013
Queens County Bar Association
• Presenter, “Effective Representation in Mediation,” Queens County Bar Association, May 2014
Pennsylvania Bar
• Presenter, Philadelphia Commerce Program of the Court of Common Pleas of Philadelphia County– Judge Pro Tem Training Session, Pennsylvania Bar Institute Conference Center, September 2013
Webinars
• Presenter, “E-Discovery and Dispute Resolution,” produced for Lawline.com, October 27, 2015
• Presenter, “Special Tips for Representing Parties in Mediation,” produced for Lawline.com, October 27, 2015
• Presenter, “General Mediation and Negotiation Theory,” produced for Lawline.com, February 20, 2015
• Presenter, “Preparation for Mediation,” produced for Lawline.com, February 20, 2015
• Presenter, “Communication Skills,” produced for Lawline.com, February 27, 2015
• Presenter, “Opening and Join Session,” produced for Lawline.com, February 27, 2015
• Presenter, “Caucuses,” produced for Lawline.com, March 6, 2015
• Presenter, “Risk Analysis,” produced for Lawline.com, March 6, 2015
• Presenter, “Impasse Breaking,” produced for Lawline.com, March 13, 2015
• Presenter, “Mediation Ethics,” produced for Lawline.com, March 13, 2015
• Presenter, “Effective Representation in Mediation,” produced for Lawline.com, 2015 & 2010
• Presenter, “Effective Representation in Mediation,” FBA ADR Section Webinar, April 2013 & June 2014
• Presenter, “Effective Representation in Mediation,” Rossdale CLE, June 2014
Apart from the above activities as a facilitator, trainer and teacher, I have also attended numerous programs on ADR over several days at various of the ABA’s Annual Convention, and at the Dispute Resolution Section annual meetings.
Other Bar Committee work has offered significant learning opportunities. NYCLA’s ADR Committee has monthly luncheon meetings typically featuring a speaker on an ADR topic. Since approximately 1992, I have participated actively as a committee member, as CLE Chair, and ADR Committee Chair, where speakers and the discussion generated – while not role plays – nevertheless to be a fertile source of ADR learning. The same is true (although with lesser frequency) from participation in NYSBA and ABA ADR committees.
In addition to the above, my pre-law involvement in undergraduate and graduate studies in the Comparative Study of Religion sensitized me to the importance of open listening, dialogue, cooperation and tolerance, which is an essential precondition to mediation skills.
VI. General Pertinent Business or Legal Experience: Bar or Law School lectures, CLE Programs, Presentation of ADR Education & Training:
• Developed and Co-Presented Three-Day Commercial Mediation Training for mediators on ADR Panels of Commercial Division of Supreme Court, New York County, 1999 – Present; and Two-Day Advanced Commercial Mediation Training – (Part 146 Approved)
• Adjunct Professor, Benjamin N. Cardozo School of Law, Courses in “Processes of Dispute Resolution – Negotiation, Mediation, and Arbitration” Summer Institute 1998 – present; and “Negotiation,” Spring 2001 – Present
• Adjunct Professor, New York University School of Continuing and Professional Development, Course in “Fundamentals of ADR,” Fall 1998 – 2001
• Speaker, “Impasse Breaking Techniques,” Garibaldi Inn of Court for Dispute Resolution, New Jersey Association of Professional Mediators, March 2012
• NYCLA “Bridge the Gap” lecturer on ADR, quarterly presentations, 1999 –Present;
• Presenter, PLI “Effective Representation in Mediation,” 2011 – Present
• Moderator & Co-Chair, “Exploring New Frontiers in ADR – A Fresh Look at Mediation and Arbitration Theory, Practice and Skills,” NYSBA’s Dispute Resolution Section’s Annual Meeting, January 2014
• Presenter, “The Value of Talking: Mediation in Asian Business Disputes,” Third Annual ICC Asia-Pacific Conference: International Arbitration Trends in the Asian-Pacific Region, San Francisco, CA – March 2012
• Panelist, Fordham International ADR Conference, “Mediation – A Functional Approach,” June 2011
• Moderator, NYSBA Dispute Resolution Section Annual Meeting, “Hybrid Processes: Challenges and Opportunities in the 21st Century and Beyond,” January 2009
• Participated in the International Conference “The Use of Mediation for the Settlement of Commercial Disputes under Modern Economic Conditions” attended by over 150 representatives of small, medium, and big businesses, as well as defense attorneys, practicing lawyers, and government officials was held December 3, 2009, at the Congress Center of the Russian Chamber of Commerce and Industry with the support of the U.S. Department of Justice, U.S. Embassy, and the Russian Center for Arbitration and Mediation, Russia Chamber of Commerce, Moscow, Russia – 2009
• Presenter, “The Mediation Workshop,” Presentation with the Hon. Robert M. Levy of a Master Class on Commercial Mediation held at the Russia Chamber of Commerce – Moscow, Russia – 2009
• Presenter, “Creative and Effective Uses of Mediation and Negotiation,” Presentation to Commercial & Federal Litigation Executive Committee, May 2009
• Presenter, “Nuts and Bolts of a Successful Mediation/ ADR in Large Loss Subrogation Matters,” Subrogation Litigation Skills Conference, Las Vegas, Spring 2008
• Presenter, NYSBA Commercial Division Training, “Mediation Advocacy Training for Women and Minorities,” October 2007
• Speaker, NASP 2006 Conference…It’s a Jungle Out There! Presentation on “Alternatives to Jury Trial – How To Succeed In Subrogation Without Really Trying,” June 2006;
• Presentation to Members of the Financial Writers Association, September 2006;
• Moderator, Committee on Alternative Dispute Resolution Annual Meeting, “Winning Through Mediation: Know When to Hold ’Em and Know When to Fold ’Em” January 2007
• Making the Tough Calls,” Heller Ehrman Continuing Education Legal Education Program, May 2005
• Panelist “Mediation in Bankruptcy” NYCLA (Joint CLE Program ADR & Bankruptcy Committees)(co-panelists: Bankruptcy Judges Allan L. Gropper and Elizabeth S. Stong, Clerk of SDNY Bankruptcy Court Kathleen Farrell-Willoughby, Adam L. Rosen) November 2004 Panelist “Commercial Mediator as a Deal Maker” (ABA Section of Dispute Resolution Program) Spring 2004
• Panelist for NYSBA CLE Program “Shall we Dance? Partnering with the courts, neutrals, advocates, and clients: next steps for ADR.” Winter 2004
• Organized and participated in training of arbitrators for Joint Committee Panel to handle Part 137 attorney client fee dispute arbitrators, October 2004 & May 2003
• Speaker, on Part 137 and work of Joint Committee on Fee Disputes and Conciliation – NY Women’s Bar Association Annual Meeting, March 2003; NYCLA, March 2002;
• Program Chair and Moderator for NYSBA CLE Program “Mediation Ethics – What An Attorney Needs to Know” January 2001
• Panelist on NYSBA Committee on Alternative Dispute Resolution Program:“ADR: From Drafting to Resolution,” NYSBA Annual Meeting, January 2000
• Panelist ADR Day Program 2000
• Developed and Co-Presented Three Day Intensive Mediation Training for mediators on ADR Panels of Commercial Division of Supreme Court, New York County, and appellate Division, 1st Department, Winter 2000 and Spring 1999
• Developed and Presented Sixteen Hour Intensive Mediation Training for mediators on ADR Panels of Commercial Division of Supreme Court, Westchester County, December 1999
• Chair and Co-Presenter, One Day CLE Program “Dispute Resolution – Mediation,” New York University, Midtown Institute, Fall 1999
• Committee Chair or CLE Chair for following NYCLA ADR Programs: “Navigating the Waters of International ADR: Arbitration and Mediation Essentials” Fall 1999
• “Employment Mediation” Fall 1999 (A Mediator’s Tips for Effective Representation in Employment Mediation)
• “Securities ADR: Essential Practical Skills in Arbitration and Mediation” Summer 1999
• “Impasse Breaking Techniques in Mediation” Winter 1998
• Guest Speaker on the Accountants’ Role in ADR, Association of Accountants Administrators, Spring 1998, and before the New York Society of CPA, November 1998
• “Hot Topics in Securities Arbitration” Spring 1998 (co-sponsor to Securities Committee), Spring 1996
• “How to Represent Your Clients Successfully in the New Mandatory Mediation and Early Neutral Evaluation Programs in the U.S. District Courts”, Spring 1996
• Panelist (on mediation) for NYSBA CLE Program “Securities Mediation and Arbitration – Effective Advocacy” November 1998
• Facilitated Training in Mediation Course, Benjamin N. Cardozo School of Law, Spring 1998
• Speaker, Accountants’ Role in ADR, Association of Accountants Administrators, Spring 1998
• Panelist on NYSBA Committee on Alternative Dispute Resolution Program: “Effective Advocacy in Mediation,” NYSBA Annual Meeting, Winter 1998
• Facilitated Trainings of NASD and Bankruptcy Court Mediators, October 1998 and Winter 1997-’98
• Presenter on ADR, Supreme Court New York County Commercial Division Judges Luncheon, and at non-exclusively Commercial Division Judges Luncheon, Fall 1997
• Chair of Breakfast Program, ABA Litigation Section ADR Committee: Implications of the RAND Corporation Report on ADR in the Federal Courts, Summer 1997
• Facilitated Training in Mediation Course, International Center for Cooperation and Conflict Resolution, Columbia University Teachers College, Winter 1997
• Panelist, NYS Sup. Ct., NY Co., Commercial Division, Anniversary Neutrals’ Luncheon Forum, Fall 1996
• CLE Chair for NYCLA Program on Lead Litigation, Winter 1995
Public Hearing Testimony:
Testified twice on ADR, in or about 1996, before the ADR Task Force formed by Chief Judge Judith Kaye to consider the condition, and develop a plan for implementation, of ADR in the New York State court system.
Publications:
• Book Review, “Commercial Litigation in New York State Courts (Third Edition) – A Handy Resource for the Commercial ADR Neutral and Professional,” The New York Dispute Resolution Lawyer, Vol. 6, No. 2 Fall 2013
• “The Interview: A Chat with Simeon Baum” New York State Council on Divorce Mediation – The Report, by Gary Shaffer
• “Mediation and Discovery” – Dispute Resolution and e-Discovery, Thomson Reuters, 2012 (Daniel Garrie and Yoav Griver, Editors)
• “Hawking Our Wares in the Marketplace of Values – Sell Quality Not Cost When Promoting Mediation; The Interplay of Global Norms of Justice and Harmony in the Mediation Forum” – The Fordham Papers 2011, Martinus Nijoff Publishers (Arthur W. Rovine, Editor)
• “Sausage Making Laid Bare; The Consensus–Based Risk Allocation Model and Other Impasse Breakers and Approaches to Multi Party Naysayers” – Definitive Creative Impasse-Breaking Techniques in Mediation – New York State Bar Association 2011, (Molly Klapper, Editor)
• “The Technique of No Technique: A Paean to the Tao-Te Ching and Penultimate Word on Breaking Impasse” – Definitive Creative Impass-Breaking Techniques in Mediation – New York State Bar Association 2011 (Molly Klapper, Editor)
• “Insurance/Reinsurance Arbitration & Mediation White Paper” (co-authored with Charles Platto and Peter Scarpato) – NYSBA Dispute Resolution Section
• “Lessons from Russian Mediators – Contemporary Issues in International Arbitration and Mediation” – The Fordham Papers 2010 (Arthur W. Rovine, Editor)
• “How to Negotiate and Acquire Negotiation Skills” – Fall Meeting, NYSBA Dispute Resolution Section and Labor & Employment Section, republished in The Resolver, Federal Bar Association
• “Mediation – Alchemical Crucible for Transforming Conflict to Resolution” – NYSBA New York Dispute Resolution Lawyer, Vol. 3, No. 2
• “Ten Things Not to Do in Mediation” – New York Law Journal
• “Mediation Settles WTC Freedom Tower Fee Dispute:” New York County Lawyers Association
• “Message from the Chair: Why Law? Why ADR?” NYSBA Dispute Resolution Lawyer, Volume 2, Issue 1
• “Federal Bar Association ADR Section,” Inaugural Issue of The Resolver
o Contributing Author on ADR in:
• ABA Conflict Management Newsletter
• The Metropolitan Corporate Counsel
• NYCLA Journal
• The CPA Journal
• NYSBA’s “Dispute Resolution Lawyer”
• NYLJ “10 Things Not to Do in Mediation”
o Co-author of NYCLA Committee on Arbitration and Alternative Dispute Resolution Report on Success of Eastern District ADR Program and Results of RAND Corporation Study (awarded NYCLA’s Klaus Eppler prize for best Committee report 1997-1998);
o In connection with the course handbook prepared for a New York State Bar Association CLE course on Successful Representation of Parties in
Securities Arbitration and Mediation, November 1998, published an article on: “Effective representation of Clients in the Mediation of Securities Disputes.” o Prepared Mediation Training Manual: The Mediator’s Art, for the Unified Court System, Office of Court Administration, Commercial Division, Supreme Court New York and Westchester Counties, June 1999, December 1999, February 2000 (Mediation Training Manual; a several hundred page compilation, with original materials).
VII. Education:
• Fordham University School of Law, J.D. 1982 (Commentary Editor, Fordham International Law Journal, Volume 5, 1982)
• Colgate University, M.A. in Philosophy, with distinction (Comparative Study of Religion) 1979
• Colgate University, B.A., cum laude (Philosophy & Religion) 1976
VIII. Selected Honors & Awards
• “Best Lawyers” Lawyers’ “Lawyer of the Year” for ADR in New York for 2011 and 2014
• New York Magazine’s 2005 – 2015 “Best Lawyers” listing for ADR in New York
• “New York Super Lawyers” 2005 – 2015 listing for ADR
• International Who’s Who of Commercial Mediation Lawyers 2012-15
• National Academy of Distinguished Neutrals (NADN)(founding NY Board Member)
IX. Other honors, activities and personal notes:
• Second Vice President & Parliamentarian, Stuyvesant High School, Parents Association, 2004- 2007
• Secretary, Board of Directors 90 Riverwest Corp., Board member, 1995-2000; Chair Interview Committee (2000-2003)
• Division Chief Referee and Referee in the AYSO West Side Soccer League for daughters’ divisions; Manager Manhattan Chaos – girls travel soccer team.
X. Language Proficiency
Spanish and Japanese (conversant)
Hebrew (limited)


Memberships & Affiliations

Mr. Baum has served as a neutral for:

  • United States District Court for the Southern District of New York Mediation Panel;
  • United States District Court for the Eastern District of New York Mediation and Early Neutral Evaluation Panels;
  • US Bankruptcy Court ADR panels for the Southern and Eastern Districts of New York;
  • New York State Supreme Court's Commercial Division ADR Panels for New York, Nassau, Suffolk, Westchester and Queens Counties;
  • New York County Supreme Court's Matrimonial Fee Dispute Arbitration Panel (Part 136); and Joint Committee on Fee Disputes and Conciliation (tri Bar panel) ADR Panel of Arbitrators and Mediators (Part 137);
  • New Jersey's Superior Court, Statewide;
  • New York County Small Claims Court's Arbitration and Mediation Panels;
  • Mediation panel of The Financial Industry Regulatory Authority (FINRA, formerly the National Association of Securities Dealers ("NASD"));
  • Mediation panels for the U.S. Postal Service (USPS) and the U.S. Equal Employment Opportunity Commission (EEOC), 
  • New York City Bar Association's ADR panel for disputes between lawyers;
  • Center for Conflict Prevention and Resolution (CPR)
  • American Arbitration Association (AAA)
  • New York County Lawyers Associatioin (NYCLA)


He also has served on the ADR Advisory Group and Mediation Ethics Advisory Committee, for the New York State Unified Court System. He served as the first Chair of the New York State Bar Association's Dispute Resolution Section. During his term, the Section grew from a former ADR Committee of 93 members to an 800 member Section. He had previously served as subcommittee chair of the New York State Bar Association's ADR Committee. He is past Chair of the New York County Lawyers Association's Committee on Arbitration and Alternative Dispute Resolution, and also chaired its Continuing Legal Education ("CLE") subcommittee for several years. He is on the Board of Governors, NYS Attorney-Client Fee Dispute Resolution Program, and served as Chair of the Joint Committee on Fee Disputes and Conciliation (a collaboration of the Association of the Bar of the City of New York, NYCLA, and the Bronx County Bar Association), when Part 137 of the Rules of the Chief Administrator of the New York State Court was first implemented. This required forming and training a panel of neutrals and overseeing the mandatory arbitration and voluntary mediation of attorney client fee disputes in New York and Bronx Counties. Mr. Baum has also served as Chair of the Legislative Tracking Subcommittee of the ABA Litigation Section's Alternative Dispute Resolution Committee; and as a member of the ABA's Dispute Resolution Section's Mediation Committee.


Rates Information

Call the office for details


Language Skills

Japanese, Spanish

Academy Members Only