After representing commercial clients as a partner at Goetz Fitzpatrick LLC for more than three decades, commercial litigator Neal Eiseman launched Eiseman ADR LLC to serve as a full-time neutral arbitrator and mediator. As an advocate, Neal provided legal counsel to a wide variety of corporate clients in the construction and real estate industries, including real estate developers, lenders, owners, construction managers, contractors, sureties, manufacturers and design professionals.
Best Lawyers selected Neal as the 2017 “Lawyer of the Year” in New York City for “Litigation-Construction Law” and Super Lawyers named him as one of the “Top 100 Lawyers” across-the-board in 2016, 2017 and 2018 in the New York Metropolitan Area.
Neal serves as a neutral on the Panel of Construction Arbitrators of the American Arbitration Association (“AAA”), including its Construction Arbitration Master Panel. He is a member of the Panel of Arbitrators for the International Centre for Dispute Resolution. He is also a member of both the AAA’s Construction Master Mediation Panel and the Panel of Mediators of the International Centre for Dispute Resolution. Several times, Neal has taught an intensive five-day AAA mediator training program entitled “Essential Mediation Skills for the New Mediator.”
Neal is also a Master Mediator for the AAA and a member in both the NY and NJ Chapters of the National Academy of Distinguished Neutrals. He is a Fellow with the Chartered Institute of Arbitrators. He is a Fellow and Executive Board Member of the College of Commercial Arbitrators and a commercial mediator for the United States Court for the Southern District of New York.
Neal is an Adjunct Professor at Cardozo School of Law where he teaches Construction Law. He is also an Adjunct Professor at New York University's Schack Institute where he teaches a Masters course in Negotiation and Dispute Resolution.
Case Experience
Bankruptcy/Creditors
Class Actions
Commercial/Business
Condominiums
Construction
Contract Disputes
Eminent Domain
Employment
Engineering
Environmental
Family Businesses
Franchise
Industrial
Insurance
International
Land Use/Planning
Landlord/Tenant
Legal Malpractice
Partnerships
Premises Liability
Professional Fees
Professional Liability
Professional Malpractice
Property Damage
Real Estate
Wage & Hour/FMLA
Education
The George Washington University (BA, Journalism, Political Science-1978); St. John's University (JD-1981).
ABA, Mediation Advocacy: Advanced Techniques and New Developments, 2008
ABA, ADR & Construction Committee CLE Seminar, 2005
AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2005
AAA Dealing With Delay Tactics in Arbitration (ACE004), 2005
Negotiation Strategy Institute, Cutting Edge Negotiation Strategy for Lawyers, 2002
AAA Arbitrator Update, 2004
AAA Construction Industry Arbitrator II Training, 2001
AAA Construction Industry Arbitrator Training, 2000
Teaching:
Faculty, AAA Red Flags & Risk Areas: Challenges to Arbitrator Authority,” (ACE 14), October 25, 2017
Adjunct Professor, Master's Program in Real Estate and Construction, New York University School of Professional Studies, Schack Institute of Real Estate, 1990 to present
Faculty, AAA eDiscovery: Arbitration in a Digital World (ACE012), 2015, 2016
Faculty, AAA Essential Mediation Skills for The New Mediator, 2016, 2015, 2014, 2013
Faculty, AAA Enough Already! Striking the Right Balance of Discovery in Arbitration, 2014
Faculty, AAA Construction Conference: Cutting Construction Arbitration Costs Without Compromise, 2012
Faculty, AAA Discovery in Construction Arbitration: When is Enough Enough?, 2011
Faculty, AAA/ICDR Neutrals Conference, 2010
Faculty, AAA Construction Conference: Maximizing ADR Advocacy for Today's Economy, 2009
Faculty, AAA Advanced Mediator Training, 2009
Mediation Philosophy:
To be effective, a mediator must facilitate a negotiation on the merits rather than encourage a contest of wills focused on what each side says it will and will not do. It is important to flush-out the interest of the parties and, whenever possible, to explore creative solutions, particularly because a failed mediation usually leads to a litigation or arbitration where a result will be imposed upon the parties. Preparations by both the parties and mediator is essential. I require the parties to submit pre-hearing submissions to enable me to learn as much as much as possible about the dispute prior to the formal mediation session. It is also critical that those attending the mediation are familiar with the issues and possess full settlement authority, including attendance by representatives of any insurance companies which may be involved. Although I have no objection to attorney participation in the form of an opening statement/evaluation during a joint session at the commencement of the mediation, thereafter I encourage the parties themselves to take an active role. Unless the circumstances dictate that the best result is for both parties to walk away from the mediation without an agreement, an experienced mediator does whatever he or she can to keep the parties moving closer together. Sometimes this requires the mediator to act more as a facilitator and keep the parties negotiating; other times it requires the mediator to be more pro-active by offering opinions on the strengths and weaknesses of the positions and by furnishing a cost-benefit and/or risk-reward analysis with respect to reaching a voluntary settlement as opposed to proceeding to litigation or arbitration. The best mediators understand the importance of not giving up-even when one or both of the parties appear resigned to a failed mediation.
Memberships & Affiliations
Admitted to the Bar: New Jersey, 1981; New York, 1982; U.S. District Court: Southern (1982) and Eastern (1982) Districts of New York; District of New Jersey, 1981; U.S. Court of Appeals, Second Circuit, 1984; U.S. Supreme Court, 1985.
Fellow, College of Commercial Arbitrators (Board Member 2016-2019; Executive Committee 2017-2018)
Best Lawyer, 2011 to present
Super Lawyer, 2007 to present
Chair, ABA's Committee on Arbitration, 2009 to present
Member of the New York University Schack Institute of Real Estate/Construction Management Advisory Board
Member, American Arbitration Association's Arbitrator National Advisory Committee
Arbitrator, American Arbitration Association
Mediator, American Arbitration Association Master Panel
International “Who’s Who Legal” Leading Practitioner in Construction
2015 Recipient of New York University School of Professional Studies' "Award For Outstanding Service."
Chambers USA has referred to Neal as “very intelligent” and “a breath of fresh air,” praising him for his ability to “bring to the table a pragmatic approach.” Chambers also noted that Neal “is the consummate professional, understanding the details and getting to the bottom of things very quickly.”
Awards and Honors:
Best Lawyer's 2017 "Lawyer of the Year" in New York City Litigation-Construction Law;
Best Lawyer in Construction Litigation for New York City for the last nine years;
Super Lawyer's "Top 100 Lawyers" in the New York Metropolitan Area for 2016, 2017 and 2018;
Super Lawyer in Construction for over ten years;
Super Lawyer in Construction and in ADR for 2019;
"Bergen County Top Lawyers", Bergen Top Lawyers, (201) Magazine;
"One of the World's Leading Practitioners" in Construction, Who's Who Legal;
"Award For Outstanding Service," New York University School of Professional Studies, 2015.
Speaking Engagements: “What Counsel and Witnesses Do that Drive Arbitrators Nuts,” Construction SuperConference, Los Angeles, December 2019; “A Delicate Balance: Arbitrating Your Client’s Complex Commercial Case Without Sacrificing Speed, Efficiency and Cost-Savings,” ABA Section of Litigation Conference, NYC, May 3, 2019; “How to Save the Parties from Themselves in Construction Arbitrations,” ABA Section of Dispute Resolution’s Annual Conference, Minneapolis, MN, April 11, 2019; “Don’t Forget the Damages–You Can’t Win on Entitlement Alone,” American Arbitration Association’s Annual Construction Conference, Miami, FL, April 4, 2019; "Handling Multi-Claim Construction Disputes: Practical Tips,” American Bar Association Section on Dispute Resolution Spring Conference, Washington D.C., April 6, 2018; “Streamlining Your Arbitration: How to Avoid Reliving that Construction Project Brick by Brick,” Construction SuperConference, December 5, 2017, Las Vegas, Nevada; “Challenges to the Authority of an Arbitrator,” New York State Bar Association’s Dispute Resolution Section 2017 Fall Meeting, New York, N.Y., October 26, 2017; “Navigating the Unique Aspects of Construction Arbitration,” New York Law School, New York, N.Y., June 22, 2017; “The Attorney’s Role in Setting the Stage for a Successful Mediation,” St. John’s School of Law, Queens, N.Y., February 25, 2017; “The Use of ADR in Construction Law Cases: What the Industry Forms Say about ADR,” New York County Lawyers’ Association, New York, N.Y., May 12, 2016; “Arbitrator Ethics,” AAA Higginbotham Fellows Program, New York, N.Y., May 5, 2016; “Building a Sustainable ADR Practice,” New York State Bar Association, New York, N.Y., March 29, 2016; “A Litigator’s Guide to Arbitration: Best Practices to Maximize the Benefits of Your Next Arbitration,” ABA Section of Litigation Annual Conference, New Orleans, LA, April 17, 2015; “Construction Dispute Resolution: A Blueprint for an Effective Process,” New York City School Construction Authority, April 6, 2015; “Enough Already! Striking the Right Balance of Discovery in Arbitration,” AAA Webinar, December 16, 2014; "Stories Mediators Tell: The Good, The Bad, The Ideal!" AAA/ABA-DR's Mediation Week 2014, New York, N.Y., October 14, 2014; "Arbitration/Mediation Update," New Jersey Construction Litigation Conference, Edison, N.J, September 16, 2014; "Construction Law," New York University Summer Institute in Construction Project Management, New York City, June 16, 2014; "The Fundamentals of Construction Law," ABA, New York, N.Y., November 8, 2013; "New York's Prompt Payment Act: An Underutilized Tool For Getting Your Client Paid," New York County Lawyer's Association, New York, N.Y., September 9, 2013; "Dealing with Attorneys Who Don't Play Well in the Sandbox: Identifying Tactics Intended to Derail Your Arbitration and How Best to Thwart Them," ABA Annual Litigation Conference, Chicago, Ill, April 26, 2013; "Discovery in Arbitration: When Is Enough Enough?" AAA's 2012 Construction Conference at New York University Law School, June 1, 2012; "The Effective Use of Mediation and Arbitration," Presentation before New York City Bar Association, New York, N.Y., December 13, 2011; "Discovery in Construction Arbitration: When is Enough, Enough?", AAA, New York, N.Y., May 20, 2011; "Understanding New York's Prompt Payment Law," Presentation before Real Estate Board of New York and Associated General Contractors, New York, N.Y., February 15, 2011; "Not on My Watch: How to Properly Manage a Construction Arbitration Case," 2010 AAA/ICDR Neutrals Conference, Orlando, Florida, November 5-6, 2010; "We're Not Gonna Take It: Drafting a Takeover Agreement That's Acceptable to Lender, Owner, Contractor and Surety," ABA, Forum on the Construction Industry, Miami, Florida, September 2, 2010; "Mediator Ethics: Objective Standards & Subjective Practices," Advanced Mediator Training, AAA, November 11, 2009.
Publications: “Can a Commercial Arbitrator Demand a Virtual Hearing?", The National Law Journal, May 20, 2020; College of Commercial Arbitrators GUIDE TO BEST PRACTICES IN COMMERCIAL ARBITRATION, 4th Ed., 2018, Co-Author of Chapters on “Arbitrator Fees and Expenses” and “Unique Issues in Construction Arbitration”; "Supreme Court Ruling Will Deter Construction Workers' Claims for Unpaid Wages," Op-Ed Piece, CRAINS NEW YORK BUSINESS, June 19, 2018; THOMSON REUTERS PRACTICAL LAW, Author of the Overview on New York Construction Law, 2016 to present; "Third-Party Funding of Lawsuits Permeates Legal Landscape," Opinion Piece/Column, NEW YORK LAW JOURNAL, April 13, 2018; Co-Author, ABA 2017 A201 DESKBOOK, Chapter on "Claims and Disputes"; "Proposed Legislation Undermines Business to Business Arbitration," NEW YORK LAW JOURNAL, February 8, 2016; "Stiffing the Arbitrators: The Problem of Nonpayment in Commercial Arbitration," HARVARD NEGOTIATION LAW REVIEW, April 2015; "Falling Through the Cracks: The Problem of the Non-Paying Party in Arbitration," NEW YORK LAW JOURNAL, October 15, 2014; "A Tale of Two Lawyers: How Arbitrators and Advocates Can Avoid the Dangerous Convergence of Arbitration and Litigation," Cardozo Law School, JOURNAL OF CONFLICT RESOLUTION, Volume 14, Number 3, Spring 2013; "When a Performance Bond Surety Offers to Takeover: Practical Considerations for the Owner-Obligee and its Lender," ABA Construction Forum, September 2010; "Mandatory Arbitration in Construction Payment Disputes," NEW YORK LAW JOURNAL, April 20, 2010.
Mediation References:
Michael J. Altschuler, AIA, mjaltschuler@earthlink.net, (212) 249-0009
Joseph P. Asselta, Esq., Agovino & Asselta, LLP, jasselta@agovinoasselta.com, (516) 248-9880
Video Conferencing