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I have handled many hundreds of business-to-business disputes as a litigation attorney in court, arbitration, and mediation, as well as a neutral arbitrator and neutral mediator. Appropriate dispute resolution is a common theme for me – what is the best way to resolve a particular business dispute? Much of the answer to that question depends on the forum in which the parties and their counsel find themselves (e.g., informal negotiation; mediation; arbitration; or formal court litigation), and much of the reason for where they find themselves turns on the degree of forethought, strategy, planning, and experience-based knowledge applied to the situation. More often than not, the “default” option of court litigation is not best for anyone (except perhaps the litigation attorneys).
If businesses plan advantageously in advance, based on solid advice from knowledgeable counsel, and if they act accordingly in the event of a subsequent business dispute, again based on solid advice from knowledgeable counsel, they are more likely to achieve appropriate resolution of that business dispute. And where the stakes are high, that can directly impact the future success or failure of the business. In the B2B disputes arena, an ounce of prevention clearly is worth a pound of cure – it’s preventive legal medicine.
On February 22, 2021, the American Bar Association (ABA) House of Delegates voted overwhelmingly to adopt Resolution 100 which states: "RESOLVED, that the American Bar Association supports the use of arbitration of business-to-business disputes, both domestically and internationally, as an efficient and economical method of dispute resolution." Since the House of Delegates is the ABA's policy-making body, the ABA now officially endorses commercial arbitration as a matter of policy.
Background of Principal:
Admitted to practice in New York State, before Federal trial and appellate courts in New York, and before the United States Supreme Court
Professional Impartial Neutral Arbitrator and Mediator:
Charter Member, New York Academy of Mediators & Arbitrators (NYAMA), and Member, National Academy of Distinguished Neutrals (NADN), 2012 - present (appointed to 2-year term on the Executive Committee for NY, 2014)
Member and Fellow of the College of Commercial Arbitrators (CCA) (2012 - present; Vice Chair of Law Firm CLE Committee, NE Region, 2015 - present)
Arbitrator, National Commercial Panel of Neutrals, American Arbitration Association, 2002 - present
Arbitrator, Commercial Panel of Neutrals, International Centre for Dispute Resolution, 2004 - present
Arbitrator and Mediator, Commercial Panel of Neutrals, Resolute Systems, 2014 - present
Arbitrator, Commercial Panel of Neutrals, The Forum (NAF), 1999 - present
Mediator, Panel of Neutrals, The Forum (NAF), 2006 - present
Arbitrator and Mediator, Commercial and Labor/Employment Panels of Neutrals, Nassau County Bar Association ADR Tribunal, 2013 - present
Arbitrator, Commercial Panel of Neutrals, Institute for Conflict Mangement (ICMADR) 2006 - present
Mediator (forum-based as well as non-forum/private; profiled on mediate.com; including advance-designated Mediator in corporate, partnership, and LLC entity creation agreements)
Memberships and Positions
Adjunct Professor of Alternative Dispute Resolution Law, St. John's University School of Law, Queens, NY (2012 - 2013)
Chairperson, Nassau County Bar Association Alternative Dispute Resolution (ADR) Committee (2004-06)
Charter Member of the New York Academy of Mediators & Arbitrators (NYAMA), and a member of the NYAMA's parent organization, the National Academy of Distinguished Neutrals (NADN) (2012 - present)
Member and Fellow of the College of Commercial Arbitrators (CCA) (2012 - present)
Member of the International Network of Boutique Law Firms (INBLF.com) (2014 - present)
Charter Member of the New York International Arbitration Center (NYIAC), New York, NY (2013 - present)
Member, Board of Directors, The New York Virtuosi Chamber Symphony, a New York-based not-for-profit professional orchestra (1988 - 2000; President, 2000 - 2002; General Counsel, 2002 - 2007)
Member, Board of Directors, Health and Business Alliance, Inc. (2004 - present)(not-for-profit) -- founding Board member
Member, Board of Directors, Long Island Entrepreneurs Group, Inc. (2003 - 2009; pro bono General Counsel 2010 - 2012)(not-for-profit)
Co-founder, the Attorney Round Table (Nassau County, 2000 - present)
Senior Advisor, International Legal Malpractice Advisors, LLC (Washington, D.C.)(2004 - 2007)
Long-time member of numerous other national, New York State, New York City, and local bar associations and committees focusing on Business ADR
University of Pennsylvania (B.A.); Vanderbilt University School of Law (J.D.)
Completed special transformative mediation further certification training 35-hour course through the Hofstra University School of Law Mediation Clinic and the Institute for the Study of Conflict Transformation, January 2009
Completed Advanced Mediation 2-day further certification training, NY State Courts System, May 2011
Member: Gotham City Networking (Gotham); Adrian's Network (A's Net); Attorney RoundTable (ART); International Network of Boutique Law Firms (INBLF); and other business organizations
Member, University of Pennsylvania (Penn) Secondary Schools Committee (1995 - 2009); alumnus interviewer for undergraduate admissions for 15 years
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Available for speaking engagements -- business and professional organizations
Sample of Reported Court Cases: Living Music Records, Inc. v. Moss Music Group, Inc., 827 F. Supp. 974 (S.D.N.Y. 1993); Sheldon Rabin, M.D., P.C. v. Gary S. Hirshfield, M.D., 223 A.D.2d 535, 636 N.Y.S.2d 117 (2d Dept. 1996); Marshall Rattner v. Village of Pleasantville, 611 F.Supp. 648 (S.D.N.Y. 1985); Bishop v. Rubin, 228 AD.2d 222, 643 N.Y.S. 2d 108 (1st Dept. 1996); DeSouza v. Sbarro, Inc., 221 A.D.2d 309, 635 N.Y.S.2d 475 (2d Dept. 1995); DiPaolo Machine Works, Ltd. v. Prestige Equipment Corporation, 998 F. Supp. 229 (E.D.N.Y. 1998); Sciarra v. Medical World Communications, Inc., 728 N.Y.S.2d 748 (2d Dept. 2001).
David Abeshouse was selected to New York Super Lawyers 2007, 2012, 2013, and 2014 -- NY Metro area, for ADR Law.
David Abeshouse has been awarded an AV® Preeminent™ rating (5.0 out of 5.0) from Martindale-Hubbell, which is the highest rating an attorney can obtain. This rating, determined through a national peer-review process, indicates that David Abeshouse has been recognized by other attorneys for possessing the highest levels of skill and integrity. He has been “AV” rated continuously since 1995. An AV rating shows that a lawyer has reached the height of professional excellence. He or she has usually practiced law for many years, and is recognized for the highest levels of skill and integrity.CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.Martindale-Hubbell is the facilitator of a peer review process that rates lawyers. Ratings reflect the confidential opinions of members of the Bar and the Judiciary. Martindale-Hubbell Ratings fall into two categories - legal ability and general ethical standards.
Links to online profiles:
AVVO.com (rated 10 out of 10):
Please note: The information on this website has been prepared by the Law Office of David J. Abeshouse (LODJA) and is provided to inform the reader about the services LODJA offers to clients. It is intended for general information purposes only, and does not constitute legal advice. Links to websites are for your convenience only and do not represent endorsement of those sites; LODJA also is not responsible for the accuracy or propriety of the content of those sites. Although LODJA welcomes your e-mail communications, internet messages may not be secure, and cannot be treated as privileged or confidential information. Use of this web site does not constitute or create an attorney-client relationship. If you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction. David Abeshouse is licensed only in New York.