Academy Member Inducted 2016
Regularly travels out of state to: New JerseyOther ADR Services: ADR Training/CME, Discovery Referee, Early Neutral Evaluation, Med-Arb
- Practice Commenced: 1990
- Total Mediations (as of Sep 2022): 150
- Total Arbitrations (as of Sep 2022): 100
- CENTRAL REGION
- NORTHERN REGION
- SOUTHERN REGION
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.
Neal serves 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. Chambers USA ranks Neal as a Band 1 Construction Mediator in New York. Neal trains newly admitted arbitrators for the AAA and several times, he has taught an intensive five-day AAA mediator training program entitled “Essential Mediation Skills for the New Mediator.”
Super Lawyers named Neal as one of the “Top 100 Lawyers” across-the-board for the New York Metropolitan Area in 2016, 2017, 2018, 2021 and 2022. In 2017, Best Lawyers selected Neal as the “Lawyer of the Year” in New York City for “Litigation-Construction Law.”
Neal is a Fellow and, for 2022-23, President of the College of Commercial Arbitrators, an invitation-only fellowship of nationally and internationally recognized commercial arbitrators. He is also a Fellow of the Chartered Institute of Arbitrators, as well as a Member of the National Academy of Distinguished Neutrals.
As an Adjunct Professor at Cardozo School of Law, Neal teaches Construction Law. He served as an Adjunct Professor at New York University where, for over 25 years, he taught masters-level courses in construction, real estate law, negotiation, and dispute resolution. In 2015, Neal received NYU’s School of Professional Studies Award for Outstanding Service.
He is a regular guest speaker at events held by the American Bar Association (ABA), the AAA and the College of Commercial Arbitrators.
In June 2022, Neal spoke at the ABA's Arbitration Institute in Chicago on “What Commercial Arbitrators Need to Know: Recent Decisions and Legislation Affecting the Practice of Arbitration.” Last May, Neal moderated a College of Commercial Arbitrators Best Practice Webinar on “Convincing Your Arbitrators to Authorize the Discovery You Really Need in Your Commercial Arbitration.” In April 2021, Neal moderated a panel discussion at the ABA’s Section on Dispute Resolution’s Spring Meeting addressing “Post-Pandemic Arbitration: Old School or New Age?” Also in April 2021, on behalf of the American Arbitration Association, Neal taught new AAA arbitrators about “Arbitrator Fundamentals and Best Practices.” In January 2020, Neal’s Sound Advice Podcast, “Selecting the Right Commercial Arbitrator” was posted on the ABA Section of Litigation’s website. In October 2020, Neal (i) participated as a panel member in an AAA/ICDR presentation addressing “How to Effectively Deal With the 3oo Change Order Dispute: Who Controls the Process?’; and (ii) discussed the legal issues involving “Nonsignatories to Arbitration Agreements” at the College of Commercial Arbitrators annual meeting. In November 2020, he hosted an online session for the AAA entitled, “Best Practices Roundtable on Virtual Hearings.” Neal spoke at the 2019 Construction SuperConference in Los Angeles on “What Counsel and Witnesses Do that Drive Arbitrators Nuts.” Last May he spoke at the ABA Section of Litigation Conference in New York City on “A Delicate Balance: Arbitrating Your Client’s Complex Commercial Case Without Sacrificing Speed, Efficiency and Cost-Savings.” Also in 2019, he spoke American Arbitration Association’s Annual Construction Conference in Miami on “Don’t Forget the Damages—You Can’t Win on Entitlement Alone.” Also last April, Neal spoke at the ABA Section of Dispute Resolution’s Annual Conference in Minneapolis, MN on “How to Save the Parties From Themselves in Construction Arbitrations.” In April 2018, Neal spoke at the annual ABA Section of Dispute Resolution Conference in Washington, D.C. on “Handling Multi-Claim Construction Disputes: Practical Tips.” In October 2018, he spoke on behalf of the American Arbitration Association in New York City on “Seeking Efficiency and Economy in Arbitration: The Attorney’s Role.” Neal spoke at the 2017 Construction SuperConference on “Streamlining Your Arbitration: How to Avoid Reliving that Construction Project Brick by Brick,” in Las Vegas, Nevada.
In the not too distant past, Neal (i) appeared before more than 200 New York City School Construction Authority project managers and spoke about dispute resolution; (ii) spoke as part of a national AAA webinar on “The Overuse of Discovery in Arbitration Proceedings”; (iii) lectured about project delay and scheduling at the ABA’s New York Regional Program entitled “The Fundamentals of Construction Law”; (iv) participated on a panel of experts on “New York’s Prompt Payment Act: An Underutilized Tool for Getting your Client Paid” at New York County Lawyers Association; (v) spoke before the New York County Lawyers Association on “The Use of ADR in Construction Cases: What the Industry Forms Say about ADR”; and (vi) lectured at the ABA’s Annual Litigation Conference about “Best Practices to Maximize the Benefits of Your Next Arbitration.” He also recorded a Sound Advice segment for the ABA’s national website.
Prior to launching Eiseman ADR LLC, in a decision that received national coverage, Neal represented a number of unpaid telecommunications companies who sued Wells Fargo Bank in the U.S. District Court of the Eastern District of New York for the diversion of monies funded by certain public entities to pay for the subcontractors’ work. The lawsuit, certified as a class action, was tried before Judge Leonard D. Wexler who issued a decision awarding the subcontractors 100% of their claims totaling, including interest, $2.7 million. In the recent past, Neal obtained a $1 million-plus arbitration award, which included attorney’s fees, against the sponsor of a Manhattan condominium project on behalf of various unit owners who claimed the fair market value of their apartments had been reduced by virtue of the sponsor’s actions. He also obtained a unanimous reversal of an adverse decision of a New York federal trial court when the Second Circuit Court of Appeals held that a “Residential Exclusion” rider in a comprehensive general liability insurance policy does not permit a contractor’s insurance company to disclaim coverage because the project in question involves the construction of a residential condominium project.
Neal writes extensively about construction and commercial issues for various legal publications. From 2016-2019, Neal was the author of The Overview on New York Construction Law for Thomson Reuters Practical Law. Neal is a co-author of the “Claims and Disputes” chapter of the ABA’s 2017 A201 Deskbook. He is also a co-author of the chapters on “Construction” and “Arbitrator Fees and Expenses” in the College of Commercial Arbitrators’ Guide to Best Practices in Commercial Arbitration (4th ed., 2017).
On April 13, 2018, Neal wrote a column for the New York Law Journal entitled Third-Party Funding of Lawsuits Permeates Legal Landscape. It examined some of the practical and ethical questions surrounding third-party financing of legal claims, including the potential for bias, discovery and influence on trial and arbitration counsel. On June 19, 2018, Crain’s New York Business published Neal’s article on the effect that a recent U.S. Supreme Court decision could have on workers claims for unpaid wages. In 2015, his opinion piece on how proposed legislation in New York undermines the arbitration of business disputes appeared in the New York Law Journal. In 2015, the Harvard Negotiation Law Review published his article, Stiffing the Arbitrators: The Problem of Nonpayment in Commercial Arbitration. In 2013, Neal co-authored an article entitled “A Tale of Two Lawyers: How Arbitrators and Advocates Can Avoid the Dangerous Convergence of Arbitration and Litigation” for Cardozo Law Schools Journal of Conflict Resolution.
A member of the American and New York and New Jersey State Bar associations, the New York County Lawyers Association and ABA Sections in Construction and Litigation, Neal is a past Chair of the Arbitration Subcommittee of the ABA’s Section of Litigation.
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 a highly regarded mediator” and “is the consummate professional, understanding the details and getting to the bottom of things very quickly.”
- Class Actions
- Contract Disputes
- Eminent Domain
- Family Businesses
- Land Use/Planning
- Legal Malpractice
- Premises Liability
- Professional Fees
- Professional Liability
- Professional Malpractice
- Property Damage
- Real Estate
- Wage & Hour/FMLA
The George Washington University (BA, Journalism, Political Science-1978); St. John's University (JD-1981).
- ABA, Mediation Advocacy: Advanced Techniques and New Developments, 2008
- AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2007
- AAA Arbitrator Ethics & Disclosure (ACE003), 2006
- 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
- Faculty, AAA, New Arbitrator Training, 2021-22
- Adjunct Professor, Cardozo School of Law, 2018 to present
- 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 2021
- 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
Memberships & Affiliations
- President, for 2022-23, of the 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."
- Super Lawyer's "Top 100 Lawyers" in the New York Metropolitan Area for 2016, 2017, 2018, 2021 and 2022;
- Best Lawyer in Arbitration and Mediation, 2022-2022;
- Super Lawyer in Construction and in ADR for 2019-2022;
- 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 over ten consecutive years;
- Super Lawyer in Construction for 16 consecutive years;
- "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.
“Post-Pandemic Arbitration: Old School or New Age?” April 2021, ABA’s Section on Dispute Resolution’s Spring Meeting; "Arbitrator Fundamentals and Best Practices for Newly Admitted Arbitrators," April 2021, American Arbitration Association; AAA “Best Practices Roundtable on Virtual Hearings,” November 2020; “Non-signatories to Arbitration Agreements,” Annual Meeting, College of Commercial Arbitrators, October 2020; "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.
"“What Commercial Arbitrators Need to Know:Recent Decisions and Legislation Affecting the Practice of Arbitration,” ABA’s Arbitration Institute in Chicago, June 2022; "Convincing Your Arbitrators to Authorize the Discovery You Really Need in Your Commercial Arbitration,” College of Commercial Arbitrators, May 2022; “Debunking Misperceptions: The Upsides of Commercial Arbitration,” ABA Litigation Journal, Litigation, Summer 2021;Wait, What Happened? Recent Developments in Commercial Arbitration," College of Commercial Arbitrators, January 2021; “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.
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