Arbitrator, mediator, teacher and consultant practicing through Business Conflict Management LLC in Montclair, New Jersey. Serving New York metropolitan area and New Jersey. Former Senior Vice President of the CPR Institute in New York City.
Experienced commercial mediator. Director of ADR Skills Program and Distinguished Adjunct Professor at New York Law School. Guest Lecturer at New York University School of Law, Fordham Law School, Cardozo Law School, Pepperdine School of Law and Columbia Univerity. Lectured and conducted workshops in the United States, England, Argentina, Costa Rica, Switzerland, Poland, China, Nigeria, Italy, Croatia, Greece and Russia. Author/editor/chapter author of six books, four films and many articles.
Mr. Phillips is a professional mediator and arbitrator in the New York City area, and also Distinguished Adjunct Professor and Director of the Alternative Dispute Resolution Skills Program at New York Law School. He is a cum laude graduate of Dartmouth College and a magna cum laude graduate of New York Law School. Prior to joining CPR Institute in 1998, he was associated with the law firms of Cahill Gordon & Reindel and Schulte Roth & Zabel LLP, both of New York City. While in private practice he was engaged in a wide scope of litigation matters, including employment, securities, commercial contract claims, corporate governance, and insurance insolvency disputes. He is a member of the bars of the states of New York, New Jersey, and California, as well as of the United States Supreme Court.
Several hundred mediations and arbitrations since 2009. Member of Panels for CPR, AAA, FINRA, EDNY and DNJ Bankruptcy, NJ Administrative Office of Courts, others. Accredited by New Jersey Association of Professional Mediators (NJAPM); certified by the International Mediation Institute (IMI). Special experience in franchise, insurance and cross-border commercial disputes.
The key is flexibility. Each dispute has its own personality. Therefore, categories such as “facilitative” or “evaluative” mediator techniques are too broad to be useful. The goal of any mediation is agreement. The mediator must be independent, impartial and neutral – but in addition must be tenacious, persistent, empathetic, trustworthy, imaginative, and a very quick learner. Mr. Phillips will ask the parties and their representatives to adopt these traits as well, and will use any available technique to encourage an outcome that addresses the parties’ priorities and adds value to their relationship that litigation or arbitration may not afford.
B.A. cum laude, Dartmouth College
Diploma, Acting, Royal Academy of Dramatic Art
J.D. magna cum laude, New York Law School
$450/hour for commercial disputes; other fee structures subject to negotiation
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