Neal Eiseman

A past President of the CCA. Neal often notes, “Battling it out in court may make sense in ‘bet the company’ and certain multi-million dollar disputes. However, all too often, it is an ineffective and unsatisfactory way to resolve the vast majority of commercial disputes. It always makes sense mediating before a trained, experienced, practical mediator who understands how the parties operate and conduct business. And if the mediation proves unsuccessful, unlike litigation, arbitrating before an experienced arbitrator selected by the parties saves time and money and provides finality to their dispute.”

Experience

For more than three decades, Neal Eiseman was a partner at Goetz Fitzpatrick LLP, one of the premier construction and commercial litigation law firms in New York and New Jersey. He represented 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. Along with representing clients in commercial disputes in the state and federal courts and in arbitrations, he also served as a neutral arbitrator and mediator for parties engaged in business disputes. Neal is on various American Arbitration Association (’AAA’) panels, including the AAA’s Master Panels for both arbitration and mediation.

Work History

Eiseman ADR LLC, New York, N.Y. and Paramus, N.J., January 1, 2020--present. Goetz Fitzpatrick LLC, One Pennsylvania Plaza, New York, N.Y. 10119, Managing Partner, Partner, Associate, 1981--2019.

Cases

Prior to launching Eiseman ADR, 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.

Training

Faculty, New Arbitrator Training for the American Arbitration Association, 2021-22; Faculty; ACE18 - Arbitrator Performance and Demeanor ~ Meeting Participant Expectations, 2018; ICDR International Symposia in Advanced Case Management Issues, 2017; Faculty, Judith S. Kaye Arbitration Competition, 2017; CCA 17th Annual Meeting, 2017; Faculty, AAA Construction Conference: Navigating the Unique Aspects of Construction Arbitration, 2017; Faculty, AAA Red Flags & Risk Areas: Challenges to Arbitrator Authority, 2017; Faculty, AAA Essential Mediation Skills for the New Mediator, 2016; AAA 2016 Construction Conference:  Ahead of Schedule and Under Budget, 2016; Faculty, AAA eDiscovery: Arbitration in a Digital World ACE12, 2015 and 2016; Faculty, AAA Essential Mediation Skills for The New Mediator, 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; 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.

License(s)

Court Admissions: New York New Jersey U.S. District Court, SDNY U.S. District Court, EDNY U.S. District Court, New Jersey U.S. Second Circuit Court of Appeals (1985-2021) U.S. Supreme Court

Education

J.D., St. John’s University School of Law B.A., The George Washington University (Political Science and Journalism)

Publications

Selected Publications: \"Debunking Misperceptions: The Upsides of Commercial Arbitration,\" Dispute Resolution Journal, Volume 76, Issue 1, pp. 75-80 (2022) and ABA Litigation Magazine, Summer 2021; ​ ’Can A Commercial Arbitrator Demand A Virtual Hearing?’, The National Law Journal, May 20, 2020; ’Sound Advice Podcast: Selecting the Right Commercial Arbitrator,: ABA Section of Litigation website, January 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.

Awards

Neal is a 2023 Best Lawyer in Construction Law, Arbitration, and Mediation. 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, 2022 and 2023. In 2017, Best Lawyers selected Neal as the “Lawyer of the Year” in New York City for “Litigation-Construction Law.” Other accomplishments include Chambers USA, Band 1 Construction Mediator in New York; AV Preeminent, Martindale Hubbell. New York University Schack Institute of Real Estate/Construction Advisory Board Member, 2012-2017; Award For Outstanding Service,” New York University School of Professional Studies, 2015; Albert Nelson Marquis Lifetime Achievement honoree, bestowed upon less than five percent of Marquis Who’s Who 1.5 million listees.

Panels

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. Several times, Neal has taught an intensive five-day AAA mediator training program entitled “Essential Mediation Skills for the New Mediator.” Neal is a Fellow of the Chartered Institute of Arbitrators, as well as a Member of the National Academy of Distinguished Neutrals. Member, AAA Arbitrator National Advisory Committee, 2015-2016.

Associations

American Bar Association (Current Chair of Section of Litigation’s Subcommittee on Arbitration) New York County Lawyers Association; New York State Bar Association; and New Jersey State Bar Association.

Miscellaneous

SPEAKING ENGAGEMENTS: June 2022, American Bar Association, Arbitration Institute, “What Commercial Arbitrators Need to Know: Recent Decisions and Legislation Affecting the Practice of Arbitration,” Chicago, Ill.; May 2022, College of Commercial Arbitrators Webinar, “Convincing Your Arbitrators to Authorize the Discovery You Really Need in Your Commercial Arbitration”; American Bar Association, Section on Dispute Resolution, Annual Meeting, ’Post-Pandemic Arbitration: Old School or New Age?’, 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; “How to Effectively Deal With the 300 Change Order Dispute: Who Controls the Process?’, AAA/ICDR online presentation, 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,’ ABA 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,’ NYS Bar Association’s Dispute Resolution Section 2017 Fall Meeting, NYC, October 26, 2017; ’Navigating the Unique Aspects of Construction Arbitration,’ New York Law School, NYC, 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, NYC, May 12, 2016; ’Arbitrator Ethics,’ AAA Higginbotham Fellows Program, NYC, May 5, 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; ’Stories Mediators Tell: The Good, The Bad, The Ideal!’ AAA/ABA-DR’s Mediation Week 2014, NYC, 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, NYC, June 16, 2014; ’The Fundamentals of Construction Law,’ ABA, NYC, November 8, 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, NYC, December 13, 2011.