In the Age of COVID-19, ADR is More In-Demand Than Ever
Rhonda Epstein is a neutral with NAM (National Arbitration and Mediation) and a longtime proponent of alternative dispute resolution. She’s also a seasoned litigator with an extensive background in employment law and commercial matters relating to the representation of corporate and other for profit and not for profit entities. She talked with us about how that experience helps her work as a mediator and arbitrator, especially as COVID-19 wreaks havoc on businesses and the court system alike.
CCBJ: You have deep experience in employment law. Could tell us about your career as an employment lawyer? Rhonda Epstein: I was admitted to the bar in 1984, and after a few years of practicing at a small boutique firm in lower Manhattan, I joined a major insurance company, where I started, developed and grew their in-house specialty law department. I began by representing insureds of Chubb Insurance in employment matters in New York, and then expanded throughout the country. In this capacity, I oversaw a group of talented attorneys who litigated in the state and federal courts, as well as in administrative agencies. Our wide variety of clients included commercial businesses, nonprofit organizations, co-ops and condos, housing associations, private schools, country clubs, and their boards of directors. The cases ran the gamut of federal and state employment and human rights laws, as well as various business claims against the entities and their boards. Currently, in addition to working as a neutral at NAM, I’m giving back by volunteering as a mediator for the U.S. District Court in the Southern District of New York and at the Equal Employment Opportunity Commission. How does your professional experience help when you mediate or arbitrate disputes?
Given my wide breadth of experience, I’m quite familiar with the applicable laws and the various scenarios and claims that form the basis of most legal disputes. When I’m with the parties, I draw on my experiences to help move them through the process. As a practicing attorney, I’ve been responsible for a myriad of cases, and I understand the issues and concerns of the parties. While I come into each mediation with a blank slate, my experiences and my humanity allow me to connect with the parties in an authentic fashion, gaining their trust and respect. What led you to become a mediator and arbitrator after so many years as a litigator? With more than three decades of litigation experience, I knew that the vast majority of cases settle before trial, and that often the cost of a litigation was the driving factor – and even an obstacle to resolving cases. I would listen to my clients, and I saw the toll that litigation took – the interruptions to their businesses, the financial expense, and the emotional costs, and I knew that the impact had to be as great, if not greater, on the other side. I thought there had to be a better way to resolve these very personal disputes. The more I participated in alternative dispute resolution (ADR), the more it became clear that ADR was the solution, and that’s how I found my calling. Additionally, ADR affords my clients self-determination and confidentiality that you don’t necessarily get in the courts or with some of the administrative agencies. There’s also the time factor: It was quicker and much more efficient. It cuts down on a lot of the discovery, which comes with its own financial expenses, both in terms of human capital and financial capital. ADR really provides the parties an opportunity to be heard, resolve the case on their own terms, and if they can’t resolve it, at least be given enough information to fully assess where they’re going and how they’re going to move forward. And as an administrator of ADR, NAM provides the resources to expedite cases in a cost-effective and time efficient manner. CORPORATE COUNSEL BUSINESS JOURNAL
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