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Neal M. Eiseman

Attorney Profile

Top Rated Alternative Dispute Resolution Attorney in New York, NY

Eiseman ADR LLC
One Pennsylvania Plaza, 31st Floor
New York, NY 10119
Phone: 917-603-3725
Selected to Super Lawyers: 2007 - 2021
Licensed in New York Since: 1982
Practice Areas: Alternative Dispute Resolution
Attorney Profile

After more than three decades litigating, arbitrating and mediating complex business disputes, Neal Eiseman launched Eiseman ADR LLC to serve as a full-time neutral arbirator and mediator.  As an advocate, Neal specialized in the construction and real estate industries, representing real estate developers, owners, lenders, construction managers, contractors, subcontractors, sureties, design professionals and manufacturers. 

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.”

Super Lawyers named Neal as one of the “Top 100 Lawyers” across-the-board for the New York Metropolitan Area in 2016, 2017 and 2018. In 2017, Best Lawyers selected Neal as the “Lawyer of the Year” in New York City for “Litigation-Construction Law.”

Neal is a Fellow of the Chartered Institute of Arbitrators, as well as a Member of the National Academy of Distinguished Neutrals. He is also a Fellow and Board Member of the College of Commercial Arbitrators, an invitation only fellowship comprised of nationally and internationally recognized commercial arbitrators.

As an Adjunct Professor at Cardozo School of Law, Neal teaches Construction Law. He is also an Adjunct Professor at New York University, where he teaches 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 various construction trade associations. Last December 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.”   Last April 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 recent 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, 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. Since 2016, Neal has been 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 the 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 noted that Neal is the consummate professional, understanding the details and getting to the bottom of things very quickly.

 

Practice Areas
  • 100%Alternative Dispute Resolution
Focus Areas

Arbitration, Mediation

Selections

15 Years Super Lawyers
  • Super Lawyers: 2007 - 2021

About Neal M. Eiseman

First Admitted: 1981, New Jersey

Professional Webpage: https://www.eisemanadr.com/about-neal

Honors/Awards

  • Albert Nelson Marquis Lifetime Achievement honoree, 2021
  • The Chartered Institute of Arbitrators is a leading professional membership organization representing the interests of alternative dispute practitioners worldwide.  It supports the global promotion, facilitation, and development of all forms of private dispute resolution, Fellow , Chartered Institute of Arbitrators (CIArb), 2019
  • 2011 to present., "Best Lawyers In America" in the specialty of Construction Law, Best Lawyers
  • "One of the World's Leading Practitioners" in Construction, Who's Who Legal
  • 2016 and 2017, Super Lawyers "Top 100 Lawyers" in the New York Metropolitan Area, Super Lawyers
  • Named as one of Bergen County, New Jersey’s “Top Lawyers”, “Top Lawyers”, (201) Magazine
  • Award for Outstanding Service, New York University School of Professional Studies, 2015
  • Honor, AV Preeminent by Martindale-Hubbell, Martindale-Hubbell
  • 2007 to Present, Super Lawyer in the field of Construction Law, Super Lawyers
  • Fellow, College of Commercial Arbitrators, 2013 to present; Member; CCA Board of Directors, 2016 to 2019; CCA Officer, 2017-2019, Fellow, College of Commercial Arbitrators
  • Honor, Best Lawyers "Lawyer of the Year" in New York City Litigation-Construction Law, Best Lawyers, 2017

Scholarly Lectures/Writings

  • Cardozo School of Law, Adjunct Professor
  • Litigation, on "Debunking Misperceptions: The Upsides of Commercial Arbitration"
  • Publication, Author, "Wait, What Happened? Recent Developments in Commercial Arbitration" , College of Commercial Arbitrators, 2021
  • Speaking Engagement, Speaker, “Post-Pandemic Arbitration: Old School or New Age?”, ABA’s Section on Dispute Resolution’s Spring Meeting, 2021
  • Speaking Engagement, Speaker, "Arbitrator Fundamentals and Best Practices for Newly Admitted Arbitrators", American Arbitration Association, 2021
  • Speaking Engagement, Speaker, "Best Practices Roundtable on Virtual Hearings”, American Arbitration Association, 2020
  • Speaking Engagement, Speaker, “Non-signatories to Arbitration Agreements”, College of Commercial Arbitrators Annual Meeting, 2020
  • Article, Author, "Can a Commercial Arbitrator Demand a Virtual Hearing?" , The National Law Journal, 2020
  • Podcast, Speaker, "Sound Advice Podcast: Selecting the Right Commercial Arbitrator", ABA Section of Litigation, 2020
  • Article published April 13, 2018, Author, "Third-Party Funding of Lawsuits Permeates Legal Landscape”, The New York Law Journal, 2018
  • Speaking Engagement, Speaker, “Handling Multi-Claim Construction Disputes: Practical Tips”, American Bar Association Section on Dispute Resolution Spring Conference, 2018
  • Speaking Engagement, Speaker, “The Attorney’s Role in Setting the Stage for a Successful Mediation”, St. John’s School of Law, Queens, N.Y., 2017
  • Training for American Arbitration Association, Faculty, Red Flags & Risk Areas: Challenges to Arbitrator Authority, American Arbitration Association, 2017
  • Speaking Engagement, Speaker, “Navigating the Unique Aspects of Construction Arbitration”, New York Law School, 2017
  • Speaking Engagement, Speaker, "Challenges to the Authority of an Arbitrator", New York State Bar Association’s Dispute Resolution Section 2017 Fall Meeting, 2017
  • Speaking Engagement, Speaker, “Streamlining Your Arbitration: How to Avoid Reliving that Construction Project Brick by Brick,”, Construction Super Conference, Las Vegas, 2017
  • Co-Author, Co-Author, ABA 2017 A201 Deskbook, Chapter on "Claims and Disputes", American Bar Association, 2017
  •  Speaking Engagement, Speaker, “The Use of ADR in Construction Law Cases:  What the Industry Forms Say about ADR”, New York County Lawyers’ Association, 2016
  • Article, Author, Overview on New York Construction Law, Thomson Reuters Practical Law, 2016
  • Speaking Engagement, Speaker, “Arbitrator Ethics”, AAA Higginbotham Fellows Program, 2016
  • Speaking Engagement, Speaker, “Building a Sustainable ADR Practice”, New York State Bar Association, 2016
  • Article published February 8, 2016, Author, "Proposed Legislation Undermines Business to Business Arbitration", New York Law Journal, 2016
  •  Speaking Engagement, Speaker, “Construction Dispute Resolution: A Blueprint for an Effective Process”, New York City School Construction Authority, 2015
  • Faculty - October 15, 2015 and November 12, 2015, Faculty, "eDiscovery: Arbitration in a Digital World', Training for American Arbitration Association, 2015
  • Speaking Engagement, Speaker, “A Litigator’s Guide to Arbitration: Best Practices to Maximize the Benefits of Your Next Arbitration”, American Bar Association Section of Litigation Annual Conference, 2015
  • Article published April 2015, Author, "Stiffing the Arbitrators: The Problem of Non payment in Commercial Arbitration", Harvard Negotiation Law Review, 2015
  • Webinar Speaking Engagement, Speaker, “Enough Already! Striking the Right Balance of Discovery in Arbitration”, American Arbitration Association Webinar, 2014
  • Article published October 15, 2014, Author, "Falling Through the Cracks:  The Problem of the Non-Paying Party in Arbitration", New York Law Journal, 2014
  • Speaking Engagement, Speaker, "Stories Mediators Tell:  The Good, The Bad, The Ideal!", AAA/ABA-DR's Mediation Week 2014, 2014
  • Speaking Engagement, Speaker, "Arbitration/Mediation Update", New Jersey Construction Litigation Conference, 2014
  • NYU Faculty - June 16, 2014, Professor, Construction Law, New York University Summer Institute in Construction Project Management, 2014
  • AAA Faculty - April 9-11, 2014, Faculty, Essential Mediation Skills for the New Mediator, American Arbitration Association, 2014
  • Speaking Engagement, Speaker, "The Fundamentals of Construction Law", American Bar Association, 2013
  • Speaking Engagement, Speaker, "New York's Prompt Payment Act:  An Underutilized Tool For Getting Your Client Paid,", New York County Lawyers’ Association, 2013
  •  Speaking Engagement, Speaker, "Discovery in Construction Arbitration:  When Is Enough Enough?", American Arbitration Association's 2012 Construction Conference at New York University Law School, 2012
  • Co-Authored with John Bulman and R. Thomas Dunn;, Co-Author, “A Tale of Two Lawyers:  How Arbitrators and Advocates Can Avoid the Dangerous Convergence of Arbitration and Litigation”, Cardozo Journal of Conflict Resolution, Volume 14, Number 3, Spring 2013, 2012
  • Article published April 19, 2012, Author, "Who Will Step Up to Protect Policyholders?", New York Law Journal, 2012
  • Speaking Engagement, Speaker, "Discovery in Construction Arbitration: When is Enough, Enough, American Arbitration Association, 2011
  • Speaking Engagement, Speaker, "The Effective Use of Mediation and Arbitration", The New York City Bar Association, 2011
  •  Speaking Engagement, Speaker, "When a Performance Bond Surety Offers to Takeover:  Practical Considerations for the Owner-Obligee and its Lender", American Bar Association Forum on the Construction Industry, 2011
  •  Speaking Engagement, Speaker, "Understanding New York's Prompt Payment Act", Real Estate Board of New York and the Associated General Contractors, 2011
  •  Speaking Engagement, Speaker, "Ethics in Construction", New York University, 2011
  • Article - Summer 2010, Author, "Choosing Arbitration in Construction Cases", American Bar Association Website for Alternative Dispute Resolution, 2010
  • Speaking Engagement in Miami, Florida - September 2, 2010, Speaker, "We're Not Gonna Take It: Drafting a Takeover Agreement That's Acceptable to Lender, Owner, Contractor and Surety", American Bar Association, Forum on the Construction Industry, 2010
  • NYU Faculty - Summers of 2004 through 2010, Professor, Construction Law, New York University Summer Institute in Construction Project Management, 2010
  • Speaking Engagement in Orlando, Florida - November 5-6, 2010, Speaker, "Not on My Watch: How to Properly Manage a Construction Arbitration Case", AAA/ICDR Neutrals Conference, 2010
  • Article published on April 20, 2010, Author, "Mandatory Arbitration in Construction Payment Disputes", New York Law Journal, 2010
  • Lectured on July 12, 2007, October 2, 2007 and October 20, 2010, Faculty, "Managing Construction Projects", Lorman Education Seminars, 2010
  • Speaking Engagements on May 29, 2009 and Los Angeles, November 13, 2009, Speaker, Optimizing the Hearing in Arbitration for Your Client,", American Arbitration Association Construction Conference, 2009
  • Article published on June 5, 2009, Author, "Businesses, Consumers at Odds Over Proposed Arbitration Act", New York Law Journal, 2009
  • Advanced Mediator Training - November 11, 2009, Faculty, "Mediator Ethics: Objective Standards & Subjective Practices", American Arbitration Association, 2009
  • Speaking Engagement in Washington D.C., Moderator, "The Proposed 'Arbitration Fairness Act': The Most Important Pro-Consumer, Employee Legislation in the Last Three Decades or an Unwarranted Attack Upon Arbitration Guaranteed to Increase Costs and Overburden Our Courts?", American Bar Association Litigation Section Annual Conference, 2008
  • ABA Video Conference on January 2006, Panelist, "How Lawyers and Mediators Can Help Each Other Resolve Cases: A Dialogue", American Bar Association, 2006
  • Article, Author, "An Arbitrator's Failure to Tell All: Will It Translate into Vacating His or Her Award?", Conflict Management, Winter 2007, 2007
  • Speaking Engagement on October 14, 2004 and April 14, 2005, Faculty, "Strategic Preparation for Arbitration Hearings: Limited, Focused Discovery and Disclosure?", American Arbitration Association CLE Presentation for Neutral Arbitrators, 2005
  • Speaking Engagement in Las Vegas, Nevada, November 9-11, 2005, Speaker, "Playing the Role of the Advocate at Mediation: Seven Quick Tips Worth Considering", American Bar Association Alternative Dispute Resolution & Construction Committees CLE Seminar, 2005
  • Article published on November 1, 2004, Author, "Have You Googled Your Arbitrator? An Arbitrator's Failure to Disclose Potential Conflict Could Vacate Award", New Jersey Law Journal, 2004
  • Article published on April 9, 2003, Author, "The Time May Be Right for an Outright Appeal of the Wick's Law", New York Law Journal, 2003
  • Article published in Winter 2001, Author, "Picking the Best Forum to Resolve Disputes--Is Your Construction Client Better Off in Arbitration or Court", The Bergen Bannister, 2001
  • Article, Author, "A Party's Right to Demand Reasonable Assurance Expanded Beyond UCC", New York Law Journal, 1999
  • Article, Author, "Do Pay-When-Paid Clauses Violate New York Public Policy?", New York Law Journal, 1995
  • Article, Author, "Unilateral Arbitration Agreements Are Now Being Enforced", New York Law Journal, 1991

Pro bono/Community Service

  • Panel of Mediators, United States District Court for the Southern District of New York 

Bar/Professional Activity

  • Member, American Arbitration Association Panel of Arbitrators and Roster of Mediators
  • New York County Lawyers’ Association, Chair of the ABA’s Section of Litigation’s Sub-Committee on Arbitration
  • New York County Lawyers Association
  • Member, Panel, Arbitrators for the International Centre for Dispute Resolution, American Arbitration Association
  • American Bar Association
  • Fellow and Board and Executive Committee Member of the College of Commercial Arbitrators
  • New Jersey, 1981
  • U.S. District Court, EDNY, 1982
  • U.S. Supreme Court, 1985
  • Arbitrator, New York Civil Court, 1987-1991
  • New Jersey State Bar Association
  • Member, New York University Schack Institute of Real Estate/Construction Management Advisory Board
  • New York, 1982
  • Member, Arbitrator National Advisory Committee, American Arbitration Association, 2015
  • U.S. Second Circuit Court of Appeals, 1984
  • Member, Construction Master Mediator Panel, American Arbitration Association, 2015
  • New York State Bar Association
  • Member, Bergen County Bar Association, Construction Law Committee
  • American Bar Association, Committee on Arbitration, Chair, Sections of Litigation and Construction
  • U.S. District Court, SDNY, 1982
  • U.S. District Court, New Jersey,1981

Educational Background

  • The George Washington University, BA, Majors: Journalism and Political Science, 1978

Industry Groups

  • Complex Business Disputes
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Office Location for Neal M. Eiseman

One Pennsylvania Plaza
31st Floor
New York, NY 10119

Phone: 917-603-3725

Last Updated: 10/15/2021

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