David C. Singer, Esq.

Mediator Experience

Served frequently as mediator for 30 years in hundreds of business disputes involving commercial contracts, business separations, executive employment agreements, post-transaction obligations, non-payment, failure to provide services or conforming products employment discrimination. Disputes mediated have included financial services, manufacturing, distribution and retail sales, construction, business equipment and consumer products, and religious institutions.

Court Appointed Mediator for the U.S. District Courts for Southern and Eastern Districts of New York, the Commercial Division of New York State Supreme Court, and the New York City Civil Court.

Representative Cases

• Claims for breach of executive employment agreements among employers and former employees
• Claims of supplier and purchaser of computer technology products of non-conformance and non-payment
• Claims among religious institution and former catering and restaurant vendor
• Dispute between real estate owner/developer and consultant/broker concerning services rendered and entitlement to commissions
• Disputes among buyers and sellers of products for failure to provide conforming product
• Disputes among law firm and former partners concerning money owed under partnership agreements
• Claims between financial institution and individual investors regarding investment advice
• Post-closing disputes among buyers and sellers of businesses involving alleged breach of representations and warranties, and post-closing obligations
• Claims among EEOC, retail employer, former employees, and ethnic-based community rights organization
• Employment discrimination claims based on age, race, gender, disability, sexual harassment, whistle-blower
• Resolving property damage insurance claims arising from Superstorm Sandy
• Disputes among multiple partnerships and individuals involving breach of contract, fraud, and unfair competition
• Claims among former employer, current employer and former employee involving breach of post-employment restrictive covenants
• Claims among investors, developers and owners of property concerning development of hotel and resort
• Claims among multiple family members based in United States, England, and Israel of alleged breach of contract and fraud concerning extensive real estate holdings in each location
• Claims among Canadian financial services company and US based partner/former CFO involving breach of contract, non-payment of partnership interest and faithless servant
• Claims among Canadian airline and US based airplane leasing company involving contract interpretation and breach of contract
• Claims among multi-national members of limited liability company in gaming industry involving breach of contract, tortious interference, and violation of IP rights
• Claims among national real estate broker and former broker for wrongful termination and non-payment of commissions
• Claims by former employee against regulated employer for wrongful termination and violation of whistleblower laws
• Claims by former client against law firm for malpractice and overcharges
• Claims among major healthcare provider and insurance carrier regarding coverage and non-payment of claims
• Claims asserted among partners of real estate developer regarding responsibility for paying management and other fees
• Claims arising from failure to return deposit concerning potential acquisition of professional soccer team

Mediator Style and Process Preferences

I receive pre-mediation statements and critical documents in advance of the mediation session. I carefully review the statements and documents provided by the parties and thoroughly prepare prior to the mediation session. I typically speak with counsel prior to the mediation session to confirm that the parties possess the documents and information that they require to have a productive mediation session, discuss the issues raised in the matter and ask questions based on my review of the pre-mediation statements documents. I establish rapport and credibility with the parties so that we can hit the ground running at the mediation session.

The parties and I customize the mediation session for each case. Each mediation begins with a joint session, in which I explain how the mediation will proceed, my neutrality, confidentiality, good faith, and other issues. I invite the parties to, if they wish, address the issues in dispute from their perspectives. I always maintain a respectful and constructive mediation environment when the parties and counsel are in joint session.

In most mediations, parties wish to separate into caucuses and meet with me privately. During caucus, I encourage a full airing of positions, issues, and interests. I am commonly asked to offer my views in private caucus, and I am prepared to do so when asked. I strictly maintain party confidence when in caucus. I will only disclose information to the other side only with the express authorization of the party that discloses the information.

I have extensive management experience and promote economies and efficiencies throughout the mediation process. I persist in following the mediation session if the case is not resolved on the first day. My efforts have led over time to an extremely high settlement rate.

Finally, I have conducted numerous mediation sessions remotely, primarily using the online Zoom platform, including caucusing with multiple parties.