Grounded in Values, Guided by Purpose: The ADR Path of Hon. Jeffrey K. Oing (Ret.)

Learn more about his judicial career, the values that guide his ADR work and his commitment to fair representation and access within the legal system.

Please provide a snapshot of your legal career prior to joining JAMS.

At the beginning of 2025, after over three decades of service in the judiciary and the public, I joined JAMS. Just prior to joining JAMS, I was an associate justice for the New York State Supreme Court, Appellate Division, First Department, for seven years. The First Department’s jurisdiction encompasses New York and Bronx counties and hears appeals, both civil and criminal, from the Supreme Court; Surrogate’s Court; Family Court; and Court of Claims. The First Department is the court of last resort in the majority of cases because, with few exceptions, appeals to the Court of Appeals, the state’s highest court, are by permission only. Each year, the First Department decides over 3,000 appeals, 6,000 motions and 1,000 interim applications. Before my appointment to the Appellate Division, I was a trial judge for 13 years. Prior to my judicial service, I was deputy general counsel for the New York City Council and was deputy director for the New York City Districting Commission, where I was responsible for assisting the commission in redistricting the city’s 51 council districts and for obtaining from the United States Department of Justice preclearance under the Voting Rights Act for these council districts. Before entering public service, I spent several years in private practice, concentrating on commercial litigation.

How did you get interested in ADR?

My interest in ADR developed during my time as a trial judge in the Commercial Division. Many of the complex business disputes had metrics ripe for ADR rather than the drawn-out process of litigation. For the commercial parties, time was money. I realized early on that neither side would take the initial step to pursue ADR for perceived strategic reasons. I would initiate the process and became actively involved in resolving the dispute. At a minimum, I would be able to narrow the issues for trial.

What are some of the highlights of your career to date, whether in alternative dispute resolution (ADR), in litigation or on the bench?

The high point of my career was presiding over a contentious dispute involving three major retail entities. One of the disputes involved a particularly high-profile individual. I successfully settled the dispute between two major retailers, which garnered significant attention due to her prominent status. I conducted a bench trial and found in favor of one party and against the other on its tortious interference with the contract claim.

What practice areas are you passionate about and why?

Drawing on my experience with commercial law, I have developed a passion for resolving complex commercial disputes. I discovered that no matter how complex the issue, the challenge is how to resolve the dispute based on an oral and/or written agreement. I learned that every word in an agreement is meaningful and that the placement of modifiers of every word is critical in interpreting agreements and the parties’ intentions.

How would you describe your mediation and arbitration style?

My approach to an arbitration is no different from how I presided over a bench trial. I believe this provides attorneys and parties with a sense of familiarity to further the arbitral proceeding. As for mediations, I would employ what I did as a judge trying to settle a case. There, my approach was to assist the parties to reach common ground, all the while being candid with each side about the merits of their positions and reminding each side that a settlement rarely provides one side with complete victory. There is always a give-and-take. I believe this approach is workable in mediation and look forward to employing it in my mediation sessions.

How do you handle particularly challenging or complex cases?

My experience has taught me that what appears to be a conflict concerning parties’ interpretations of conduct or terms in an agreement in reality is not. I find that taking the time to understand the underlying facts, the transaction and how the deal came together is critical to my analysis of the disputed issues. That understanding provides me with the insight I need to reason through the apparent conflict to arrive at a proper resolution. Critical to the resolution is to be able to put in words an analysis supported by strong reasoning.

What are the key traits and skills needed to have a successful ADR practice?

Key traits and skills needed in dispute resolution are patience, patience, patience. This quality is essential for navigating the often lengthy and complex process of resolving disputes. In addition to patience, it's crucial to keep an open mind. Being open to different perspectives and solutions can lead to more effective and amicable outcomes. Furthermore, a willingness to learn from the arguments presented by the attorneys is vital. Each case brings unique insights and legal nuances, and being eager to understand these can significantly enhance one's ability to resolve conflicts successfully. By combining these traits—patience, an open mind and a willingness to learn from the arguments presented—one can build a strong foundation for effective dispute resolution.

What professional accomplishments are you most proud of?

The professional accomplishment I am most proud of is getting to be a judge. As a trial judge, I was assigned the courtroom where I had worked as a law clerk. I had a very special moment when I entered the courtroom. Not to be outdone, when I received my appointment to the Appellate Division, it was another homecoming. I was an Appellate Division pool attorney early in my legal career. Returning as an associate justice to the appellate court was very emotional for me and those I had worked with as an attorney. Thus far, I am the only person who was a pool attorney and returned as an appellate jurist.

Did you have a mentor? If so, what was the most memorable advice given to you?

I had many mentors: lawyers, judges and nonlawyers. Too many to list. They all taught me to be honest with myself and others, and to work hard. They also taught me to always have the courage to learn because in its absence, there is no intellectual growth.

My mentors instilled in me the notion that a good reputation is earned and not given. That said, the one phrase that keeps me grounded is, he is a decent and good person who happens to be a judge/lawyer.

What is your favorite pastime?

My favorite pastime is spending time with my family. I enjoy going on trips with them. I also enjoy playing golf with my son. I am proud that he is playing a lot better than me. I think I will be caddying for him in the near future.