Simeon H. Baum

Simeon H. Baum

Attorney Profile

Top Rated Alternative Dispute Resolution Attorney in New York, NY

Resolve Mediation Services, Inc.
 | 1211 Avenue of the Americas, 40th Floor
New York, NY 10036-8704
Phone: 212-355-6527
Selected to Super Lawyers: 2007 - 2017
Licensed Since: 1983
Practice Areas:
  • Alternative Dispute Resolution (80%),
  • Business Litigation (20%)
Languages Spoken:
  • English,
  • Japanese,
  • Spanish
Attorney Profile

Simeon Baum, President of Resolve Mediation Services, Inc., has successfully mediated over 1,000 disputes.  He has been active since 1992 as a neutral in dispute resolution, assuming the roles of mediator, neutral evaluator and arbitrator in a variety of cases, including the highly publicized mediation of the Studio Daniel Libeskind-Silverstein Properties dispute over architectural fees relating to the redevelopment of the World Trade Center site, and Trump’s $ 1 billion suit over the West Side Hudson River development.  He was selected for New York Magazine’s 2005 - 2014 “Best Lawyers” and “New York Super Lawyers” listings for ADR, and Best Lawyers’ “Lawyer of the Year” for ADR in New York for 2011 & 2014.

 An attorney, with 30 years’ experience as a litigator, Mr. Baum has served as a mediator or ADR neutral in a wide variety of matters involving claims concerning business disputes, financial services, securities industry disputes, reinsurance and insurance coverage, property damage and personal injury, malpractice, employment, ERISA benefits, accounting, civil rights, partnership, family business, real property, construction, surety bond defaults, unfair competition, fraud, bank fraud, bankruptcy, intellectual property, and commercial claims.

Mr. Baum has a longstanding involvement in Alternative Dispute Resolution ("ADR"). He has served as a neutral for the United States District Courts for the Southern and Eastern Districts of New York Mediation Panels; New Jersey Superior Court, Civil Part, Statewide; Commercial Division, New York State Supreme Court, New York & Westchester Counties; U.S. Bankruptcy Court, Southern & Eastern Districts of New York; the New York Stock Exchange; National Association of Securities Dealers; the U.S. Postal Service, the U.S. Equal Employment Opportunity Commission, and CPR, among others. 

White Papers

  • Mediation and Discovery – Dispute Resolution and e-Discovery, Thomson Reuters, 2012 (Daniel Garrie and Yoav Griver, Editors) (2012) - Revealing the paradox of mediation.  Discovery in litigation can be tremendously expensive and time consuming to develop information relating only to case strength and weakness.  Development of information in mediation, by contrast, takes far less time and cost, but accumulates information in a much wider spectrum of meaning – including case strengths and weaknesses, but also considering party interests, emotions, principles, business context and opportunities, hierarchies, dynamics, and a vast array of significant information that can jump from a minute, yet significant detail, to the whole picture – at any moment leading, without process impediment, to resolution of the parties’ dispute.

  • Sausage Making Laid Bare; The Consensus–Based Risk Allocation Model and Other Impasse Breakers and Approaches to Multi Party Naysayers – Definitive Creative Impass-Breaking Techniques in Mediation - New York State Bar Association 2011, (Molly Klapper, Edi (2012) - A practical approach to bypassing mutual finger pointing in a multiparty case, where each party insists that another party bears a greater share of liability and must bear a certain relative percentage of the settlement package.  Presenting this approach in a manner that uses the power of numbers in a large group to develop a resolution suggested by the group itself, rather than the mediator – while preserving the confidentiality of the process.

  • Hawking Our Wares in the Marketplace of Values - Sell Quality Not Cost When Promoting Mediation; The Interplay of Global Norms of Justice and Harmony in the Mediation Forum - The Fordham Papers 2011, Martinus Nijoff Publishers (Arthur W. Rovine, Editor) (2012) - Stressing that the mediation process offers greater value than simply saving time and cost, and, among other things, drawing on global culture to observe that mediation is a forum in which we may integrate norms of justice and harmony.

  • The Technique of No Technique: A Paean to the Tao-Te Ching and Penultimate Word on Breaking Impasse - Definitive Creative Impass-Breaking Techniques in Mediation - New York State Bar Association 2011 (Molly Klapper, Editor) (2012) - Observing that character and presence – building trust and confidence, and maintaining an open, receptive, attentive, and empathetic relationship with the parties are of far greater importance than any particular impasse breaking technique.

  • Lessons from Russian Mediators - Contemporary Issues in International Arbitration and Mediation - The Fordham Papers 2010 (Arthur W. Rovine, Editor) (2011) - Reflections on attendance at a conference to discuss a bill before the Russian Duma on establishing a state sponsored mediation program.

  • Insurance/Reinsurance Arbitration & Mediation White Paper (co-authored with Charles Platto and Peter Scarpato) – NYSBA Dispute Resolution Section (2011) - Guidance to insurers, counsel and parties participating in insurance or reinsurance related ADR.

  • Mediation – Alchemical Crucible for Transforming Conflict to Resolution – NYSBA New York Dispute Resolution Lawyer, Vol. 3, No. 2. (2010) - A description of opportunities presented by mediation.

  • How to Negotiate and Acquire Negotiation Skills – Fall Meeting, NYSBA Dispute Resolution Section and Labor & Employment Section, republished in The Resolver, Federal Bar Association (2010) - A condensation of essential skills and approaches for use in negotiation.

  • NYSBA Dispute Resolution Lawyer, Volume 2, Issue 1, Message from the Chair: Why Law? Why ADR? (2009) - Reflections on reasons for entering law and opportunities for helping clients and parties through participation in ADR, with focus on mediation.

  • Federal Bar Association ADR Section, Inaugural Issue of The Resolver (2009) - Brief review of growth and development of ADR in the United States, with focus on federal government.  Description of opportunities for participation in Federal Bar Association's Alternative Dispute Resolution Section.

  • Ten Things Not to Do in Mediation – New York Law Journal (2005) - Tips for Lawyers and Clients on how to make the most out of the opportunities presented by mediation.

  • Mediation Settles WTC Freedom Tower Fee Dispute: New York County Lawyers Association - Example of how mediation was effective means of resolving architect's dispute with Silverstein group concerning design fees for the Freedom Tower as part of Studio Libeskind's master plan for redevelopment of World Trade Center site.

  • "A Week at the War College: A Mediator's Memorial Day Reflection," Federal Bar Association's "The Federal Lawyer," September 2015 - During the first week of June 2014, I had the distinct honor and privilege of spending a week at the U.S. Army War College in Carlisle, PA attending its National Security Seminar (NSS) with a number of other civilians and several hundred colonels from the US and 67 other countries. This past Memorial Day, I finished this piece detailing my experience the previous summer at the War College through a mediator’s eyes.

  • About Simeon Baum

    Admitted: 1983, New York

    Professional Webpage: http://mediators.com/biography/

    Honors and Awards:

    • http://www.bestlawyers.com/Lawyers/Simeon_H_Baum Best Lawyer's “Lawyer of the Year” for 2011 & 2014 in category of Alternative Dispute Resolution, for New York. Best Lawyers compiles its lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers. Received highest rating in this category for New York., Lawyer of the Year - ADR, New York, Best Lawyers, 2014
    • http://www.nadn.org/simeon-baumSelected for New York panel and on New York panel Advisory Board., Distinguished Neutral, National Academy of Distinguished Neutrals, 2011
    • Selected for Alternative Dispute Resolution category for New York lawyers each year since formation of the list.  Best Lawyers Firm Profile, Best Lawyers - ADR List, New York, Best Lawyers, 2005

    Special Licenses/Certifications:

    • Commercial Mediation Trainings developed by Mr. Baum, and presented for more than a decade with his colleague Steve Hochman, for mediators on the Commercial Division panels of the New York State Court, Supreme Court, New York, Westchester, Nassau, Suffolk, and Queens counties have been approved under Part 146 of the Rules of the Chief Administrator, Office of Court Administration.  http://www.nycourts.gov/ip/adr/Part146_FAQs.shtml  Messrs. Baum and Hochman present three day Commercial mediation trainings, and two day "Advanced Commercial Mediation" trainings., 2013

    Bar/Professional Activity:

    • Mr. Baum’s peers have appointed him to many key posts: e.g., Member, ADR Advisory Group, Commercial Division, Supreme Court, New YorkCounty; ADR Advisory Group and Mediation Ethics Advisory Committee, N.Y. State Unified Court System.  Founding Chair of the N.Y. State Bar Association’s Dispute Resolution Section, he was also subcommittee chair of the N.Y. State Bar Association’s ADR Committee; Legislative Tracking Subcommittee Chair of the ADR Committee of the Litigation Section of the American Bar Association; Charter Member, ABA Dispute Resolution Section Corporate Liaison Committee; President, Federal Bar Association’s SDNY Chapter, and Chair of the FBA’s national ADR Section.  He is past Chair of the New York County Lawyers Association (NYCLA) Committee on Arbitration and ADR.  Besides serving on the NYCLA’s Committee on Committees, he is past Chair of the Joint Committee on Fee Dispute and Conciliation (of NYCLA, ABC NY, and Bronx County Bar Associations), and is on the Board of Governors, NYS Attorney-Client Fee Dispute Resolution Program.  He is also a Fellow of the American Bar Foundation. He is a Director for the New York NADN panel.

    Scholarly Lectures and Writings:

    • Mr. Baum has shared his enthusiasm for ADR through teaching, training, extensive writing and public speaking.  He has taught ADR at NYU's School of Continuing and Professional Development, and he teaches Negotiation, and Processes of Dispute Resolution (focusing on Negotiation, Mediation and Arbitration) at the Benjamin N. Cardozo School of Law.  He developed and conducts 3-day programs training mediators for the Commercial Division, Supreme Court, New York, Queens, and Westchester Counties. He has been a panelist, presenter and facilitator for numerous programs on mediation, arbitration, and ADR for Judges, attorneys, and other professionals. 

    Video:

    • Video CLE.  In order to help opposing parties resolve conflicts in the quickest and most effective way possible, mediators must be prepared to deal with a number of differing perspectives, personalities, and negotiation styles.  In this informative and instructive course, experienced mediator and attorney Simeon Baum provides a detailed overview of the role of the mediator and the basic stages of mediation. Focusing on the Fisher/Ury Model of Cooperative Negotiation, Mr. Baum furnishes guidance on effective communication, active listening, how to deal with emotional triggers, and what mediation practices to avoid. Mr. Baum also discusses the art of giving and getting information as well as how mediators can help attorneys determine whether and when it is best to settle, walk away, or prepare for an expensive and time consuming trial. After viewing this course, attorneys will be equipped with the essential skills to guide their clients through a mediation as well as those needed to become a successful mediator. Agenda:  I. Pre-Mediation; II. Mediator Functions & Roles; III. Fisher/Ury Model of Cooperative Negotiation; IV. Preparation; V. Opening Statements, Style & Strategies for Participating in Mediation Session; VI. Giving & Getting Information; VII. When to Settle, Walk Away, or Go to Trial; VIII. Attorney Role Summarized & 10 Things Not to Do in Mediation, Effective Representation in Mediation, Commercial Mediation And General Mediation, 2011
    • This audio webinar provides guidance on maximizing use of the mediation process and obtaining the greatest value for one's clients. To enhance the representative’s effectiveness, one must understand the mediation process – a facilitated negotiation – and the mediator’s role. Following an overview of process, role, and mediator selection, Simeon Baum gives tips on negotiation strategy and style, preparation for mediation, effective openings, information gathering and disclosure strategy, risk and transaction cost analysis, reality testing, commitment level, and flexibility.  There is a question-and-answer session at the end., Effective Representation in Mediation, Alternative Dispute Resolution, Discovery & E-Discovery, Litigation & Appeals, Negotiation & Settlement, Trial Skills, 2011
    • This audio webinar drawn from a New York City Bar Association panel discussion catalogs and addresses a number of ethics issues that can arise in mediation and settlement negotiations,  with a specific focus on confidentiality, conflicts of interest and related issues.  The program discusses ethical questions from the point of view of the mediator, the outside lawyer, and the client. It closes with a brief discussion on how to research ethics issues and how to get help from an ethics committee of lawyers, or mediators, when needed., Selected Ethics Issues in Mediation and Settlement Negotiations, Ethics, Litigators, Mediation, Negotiators, 2010

    Educational Background:

    • Fordham University School of Law, Commentary Editor, Fordham International Law Journal, 1982
    • Colgate University, M.A. (with distinction) in Philosophy (Comparative Study of Religion), 1979
    • Colgate University, B.A., cum laude, 1976
    Office Location for Simeon H. Baum

    1211 Avenue of the Americas
    40th Floor
    New York, NY 10036-8704

     

    Simeon H. Baum:

    Last Updated: 5/26/2017

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