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IMI Certified Mediator
F. Peter Phillips is an arbitrator, mediator and consultant practicing through Business Conflict Management LLC in Montclair, New Jersey (www.BusinessConflictManagement.com). He has arbitrated or mediated hundreds of matters since March 2009. He is also Director of the ADR Skills Program, and Distinguished Adjunct Professor, at New York Law School. He is listed on Panels at CPR Institute, the American Arbitration Association, FINRA, Administrative Office of the Courts of New Jersey, the Federal District Courts for the Southern DIstrict of New York and for New Jersey, EDNY and DNJ Bankruptcy Courts, and other bodies. He is accredited by the New Jersey Association of Professional Mediators and certified by the International Mediation Institute.. Mr. Phillips is former Chair of the Dispute Resolution Committee of the Business Law Section of the American Bar Association and currently a member of the governing Council of the ABA Dispute Resolution Section. He is a member of the UIA World Mediation Forum, the Marie Garibaldi ADR Inns of Court. He has appeared on programs and conducted workshops internationally. He is author or editor of, or contributor to, six books, five films, and many articles on business applications of ADR. Mr. Phillips is a cum laude graduate of Dartmouth College and a magna cum laude graduate of New York Law School. He was associated with the law firms of Cahill Gordon & Reindel and Schulte Roth & Zabel LLP, both of New York City, and former Senior Vice President and Interim President of the International Institute for Conflict Prevention and Resolution (CPR). He is an active member of the Cornwall (NY) Monthly Meeting of the Religious Society of Friends (Quakers) and the New York Yearly Meeting, on which he has served as Clerk of the Committee on Conflict Transformation.
More than 200 mediations since March 2009
I do not subscribe to a particular style of mediation. I deal with the disputants in the best way to result in a satisfactory outcome. That may require various approaches, even during different stages of the same mediation.
General Commercial, Franchise, Insurance/Reinsurance, Employment, police excessive force claims, cross-border disputes (including China), conflicts within religious communities
USD 450 per hour for commercial mediation (whether preparation or session -- no travel time charged) Other fee arrangements upon request Reimbursement for expenses reasonably and actually incurred
Justice Marie L. Garibaldi American Inn of Court for Alternative Dispute Resolution New Jersey Association of Professional Mediators American Bar Association, Business Law Section (former Chair, Dispute Resolution Committee) and Dispute Resolution Section Union International des Avocats, World Mediation Forum New York State Bar Association (Dispute Resolution Committee) New Jersey State Bar Association (Dispute Resolution Committee) Panel Listings: CPR Panels of Distinguished Neutrals (Insurance, Franchise, Entertainment and Employment) American Arbitration Association Expedited Arbitration Panel FINRA Panel of Arbitrators and Panel of Mediators Panel of Mediators, New Jersey Administrative Office of the Courts National Academy of Distinguished Neutrals Mediation Panel, U.S. Bankruptcy Court for the Eastern District of New York and for the District of New Jersey Panel of Mediators, US District Court for the Southern District of New York and the District of New Jersey Panel of Mediators, China Council for Promotion of International Trade International Mediator Panel, Milan Chamber of Commerce
Avalable upon request
Training and Education
Over 400 hours of Continuing Legal Education post-2008 “Mediating the Litigated Case,” Straus Institute for Dispute Resolution, Pepperdine University School of Law, 2008 Cross-Cultural Negotiation, ITIM, 2007 Multiparty Negotiation Skills, CPR Institute/Harvard PON, 2007 Mediator Trainer, CPR Institute (Co-Trainer with Dwight Golann), Beijing, 2005 Mediator Training, CPR Institute (Lewis and Singer), 1998
Director of ADR Skills Program and Distinguished Adjunct Professor, New York Law School Guest Lecturer: Fordham University School of Law, NYU School of Law, Pepperdine University School of Law, Columbia University, Cardozo Law School. Frequent speaker at programs for U.S. corporations, law firms and trade associations. Invited speaker at numerous international conferences (i.e., Geneva, Buenos Aires, Moscow, Beijing, Hong Kong, Shanghai, Beijing, Paris, London, Singapore, Warsaw, Lagos, Chamonix, Toronto, Dubai). Approved Mediation Mentor, New Jersy Administrative Office of the Courts
Films: Writer and Co-Director of four films on use of mediation in corporate/community conflict, available at www.AccessFacility.org Writer and Presenter, "Conflict in Monthly Meetings: Crisis or Opportunity?" available at www.YouTube.com or www.NYYM.org Books: Chapter Contributor, "Mediation, Culture and Spiritual Congruity" (forthcoming in CONFLICT RESOLUTION AND SPIRITUALITY, Academic Press 2017, Marjorie Silver ed.)ADR Deskbook for Business Lawyers (ABA 2016) Contributor, Alternative Dispute Resolution (Insurance Institute of London, 2010) Mediation Techniques (IBA 2010) Chapter, "Reality Testing" Alternative Dispute Resolution Practice Guide (Roth et al. editors) (West 2014 Supp.) Chapter 33, "International Mediation and Conciliation" Managing Franchise Relationships Through Mediation (CPR 2009) Resource Book for Managing Employment Disputes (CPR 2004) How Companies Manage Employment Disputes (CPR 2002) Articles and Monographs: “Ancient and Comely Order: Arbitration in the Religious Society of Friends” (2016 J. DISPUTE. RES. 81) “Recent American Court Decisions Involving Breaches of Mediation Confidentiality” IBA Mediation News (October 2013) "There is a World Elsewhere: Preliminary Studies on Alternatives to Interest-based Bargaining," 13 Cardozo J. Conflict Resol. 413 (2012) "Mediating Corporate/Human Rights Disputes in the Tumultuous Sea of Social Networking: Do You Have What it Takes?" with Jorge Daniel Taillant, IBA Mediation Newsletter (September 2011) "Recent Developments in Commercial Mediation in China," New York Dispute Resolution Lawyer (Spring 2010) “Corporate Social Responsibility and Non-Judicial Remedies for Human Rights Violations: Is It Time for the Dog that Didn’t Bark?” IBA Mediation Newsletter (April 2009) “Diversity in ADR: More Difficult to Accomplish Than First Thought” Dispute Resolution Magazine Vol. 15 Issue No. 3 (Spring 2009) “Commercial Mediation in China: the Challenge of Shifting Paradigms” Contemporary Issues in International Arbitration and Mediation: The 2008 Fordham Papers (2009) “How to Stop Costly Litigation from Ruining Your Results” (with Paul Moss) FAC (February 2007) “How Conflict Resolution Emerged within the Commercial Sector” Alternatives to the High Cost of Litigation (January 2007) “ADR as a Tool for Management and for Corporate Governance” International Bar Association Mediation Committee Newsletter (December 2006) “ADR: It Remains a White, Male Game” The National Law Journal (November 27, 2006)
ABA Model Standards of Conduct for Mediators IMI Code of Professional Conduct CPR Code of Conduct for Attorneys as Mediators UIA Code of Conduct for Mediators
IMI Professional Conduct Assessment Process
Lloyds Arbitrators and Mediators Professional Liability Insurance, USD 100,000 per claim, USD 300,000 aggregate, USD 500 deductible