Judge Donald Kessler served as a General Equity Judge in New Jersey. He has served as an arbitrator in more than 90 cases and as a chair of several three-arbitrator panels and has mediated over 100 matters, many involving multimillion-dollar claims. Prior to his judicial appointment, he spent 35 years in private practice, where he focused on litigating and advising clients in complex commercial and employment disputes across a wide range of industries, including business and professional LLCs, partnerships and corporations, healthcare, technology, manufacturing, and sales. Since concluding his judicial service, Judge Kessler has concentrated his practice on dispute resolution through mediation and arbitration.
In a recent conversation, Donald reflected on his decade of service on the New Jersey Superior Court, his transition to private ADR work, and how his experience informs his thoughtful, equitable approach to resolving complex disputes. Here's what he shared with us.
Q: Can you tell us about your judicial background—where you served, the types of cases you presided over, how many years you were on the bench, and any accomplishments or moments you’re particularly proud of?
Donald: I served as a Judge in the New Jersey Superior Court for 10 years, presiding over complex business and professional disputes. These cases included contract claims; corporate, partnership, and LLC disputes; business and partnership dissolutions; non-competition matters; trade secret protection and enforcement of restrictive covenants; commercial real estate and lease disputes; healthcare and technology matters; insurance; manufacturing; sales; and employment-related issues. As a judge—similar to an arbitrator—I handled only non-jury cases. I take great pride that I developed a series of seminars promoting fairness in the judiciary in the final seven years of my judicial career. These programs, most of which I moderated, were presented at the annual Judicial College and New Jersey Bar Association meetings.
Q: What led you to transition from the bench to arbitration and mediation work with the AAA?
Donald: I thoroughly enjoy resolving disputes—whether through trial or settlement—and gaining insight into the challenges and personalities that often drive contested cases.
Q: What do you value most about serving as an arbitrator or mediator with the AAA?
Donald: I value the opportunity to help attorneys and parties resolve disputes that might otherwise require a substantial expenditure of time and money. I am both intrigued and motivated by the challenges involved in reaching fair and equitable solutions.
Q: How does your experience as a judge shape your approach as a neutral in ADR proceedings?
Donald: My experience as a judge enables me to identify and understand the relevant facts and applicable law, as well as to recognize and address the personalities that often drive disputed matters. I strive to convey to attorneys and parties that their grievances have been fully understood and that my proposed solutions are thoughtful, reasonable, practical, and equitable. To ensure the efficient and fair resolution of disputes, I encourage the parties to collaborate in creating a manageable schedule. I hold counsel to that schedule as reasonably practicable, while showing ample respect for the competing demands placed on them and their clients. I also promote direct communication via email with counsel to address open issues promptly and efficiently.
Q: What advice would you give to parties or advocates preparing for arbitration or mediation?
Donald: Be prepared. Know your entire case, understand the steps required to develop a reasonable discovery plan consistent with AAA guidelines, and clearly communicate reasonable positions that will promote a fair hearing and/or resolution.