After more than three decades litigating, arbitrating, and mediating complex business disputes, Neal M. Eiseman established Eiseman ADR LLC to serve as a full-time independent arbitrator and mediator. As an advocate, he has specialized in the construction and real estate industries, representing real estate developers, owners, lenders, construction managers, contractors, subcontractors, sureties, design professionals, and manufacturers.
Read on as Eiseman discusses his approach to mediation.
Q: What motivated you to pursue mediation, and were there personal influences or professional experiences that shaped your path to joining the AAA?
Eiseman: When it works, and it does more often than not, mediation is a practical, efficient, less costly, and far less aggravating way to resolve commercial disputes than litigation or arbitration.
Q: What do you value most about serving as a mediator with the AAA, and what aspects of the work do you find most meaningful for the parties you serve?
Eiseman: Using all the skills and knowledge I acquired in representing clients for decades to identify and facilitate the best path to an amicable settlement.
Q: How has your previous experience as an attorney, arbitrator, judge, or in another professional role shaped your approach to mediation?
Eiseman: : It may be ironic, but my experience litigating complex commercial disputes can often be used to assist the parties in creating out-of-the-box solutions that lead them to a successful mediation.
Q: How do you approach the mediation process, and what strategies do you use to help parties move from conflict toward resolution?
Eiseman: Mediation is the parties' process, not mine. I suggest, but I do not dictate what they should do (or not do). However, I will not hesitate to offer my opinion(s) if asked, because it may help to settle their disputes.
Q: Without breaching confidentiality, can you share a moment or case in your mediation work that was especially rewarding or that highlighted the strengths of the process
Eiseman: It's a rarity, but it was professionally satisfying to settle a complicated multi-million-dollar dispute without any breakout sessions. Everyone stayed in the same room for the entire day, worked together, and got it done.
Q: What advice would you give to advocates or parties preparing for mediation—whether in terms of mindset, process, or practical preparation?
Eiseman: As in successfully trying or arbitrating a case, preparation is of the utmost importance, including educating the mediator as to the merits of your position. If you do, an evaluative mediator may be your advocate on certain issues when in private discussions with the other party.
Q: Have you noticed any trends or shifts in the use of mediation, the types of disputes, or in parties’ expectations in recent years?
Eiseman: Whether the parties themselves agree to mediate or a judge or the court rules direct them to do so, it's clear that, at one point or another, parties will end up in mediation. The prospect of a successful mediation increases immeasurably if (i) the parties select an experienced mediator with subject-matter expertise in the area of their dispute and (ii) they are truly committed to seeking a faster, more economical and practical resolution than litigation or arbitration.
Q: Which skills or qualities do you believe are most essential for a successful mediator, and how have you cultivated them?
Eiseman: Working hard before the mediation session to ensure I understand (i) the salient facts and issues, (ii) the parties' positions, and (iii) the motivation and reasoning underlying their positions. And, of course, at all times being an exceptional listener.
Q: Outside of your professional work, what activities, causes, or passions are important to you?
Eiseman: I taught at NYU and Cardozo Law School, and it was incredibly satisfying to see students understand how to extrapolate what we learned in the classroom and use it practically and effectively outside the classroom.