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Thomas Elkind

Thomas I. Elkind, Esq.

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Case Manager
Roxanne Zinkowitz
T: 617-228-9124
F: 617-228-0222
One Beacon Street, Suite 2210, Boston, MA 02108-3106

Thomas I. Elkind, Esq. is a trained mediator, arbitrator and former litigator who has been resolving disputes in commercial litigation cases since 1978. As a mediator, Mr. Elkind is dedicated to working with the parties for as long as the parties are willing to try to find solutions to their disputes. He is persistent, detail-oriented and follows through to keep the process going after the parties appear to have reached an impasse, even if that means continuing to engage with the parties after the mediation session has concluded.

As a litigator Mr. Elkind historically resolved most of his clients’ cases through strategic negotiation or mediation but also argued successfully before the Massachusetts Supreme Judicial Court in a number of cases. Mr. Elkind previously chaired the Boston office litigation department and the construction practice at two prestigious law firms.

With his dedication and commitment to dispute resolution Mr. Elkind earned a reputation as a quality litigator and trusted mediator/arbitrator. He has extensive experience in the construction, employment, financial and real property industries. His arbitration experience also includes cases involving commercial contracts, professional liability and trade secrets.

Mr. Elkind brings the same strong level of commitment to JAMS, as he has had throughout his career, to assist disputing parties in resolving conflict. As an ADR professional Mr. Elkind feels an obligation to thoroughly understand all aspects of the case and to provide a bridge of communication to all parties involved.

Representative Matters

  • Bankruptcy
    • Mediated dispute between a debtor and a creditor in an adversary proceeding
  • Commercial
    • Mediated dispute among shareholders of a closely held waste management company
    • Arbitrated dispute among shareholders of a closely held corporation formed to develop a medical device
  • Construction
    • Mediated dispute between contractor and home owner regarding reconstruction of water-damaged home
    • Arbitrated dispute between general contractor and owner regarding addition to a single family home
    • Mediated dispute between general contractor and public agency over change orders requested by contractor
    • Arbitrated dispute involving amount owed to general contractor
    • Mediated dispute between gas company and contractor regarding damage to gas line
    • Represented steel fabricator in a multi-party mediation regarding the failure of structural steel beams in a high-rise office building
    • Negotiated global settlement of 23 separate claims by a telephone company against a steam distributor for damage to underground telephone cable
  • Employment
    • Represented doctors accused of breaching their employment agreements with a medical provider in a mediation that occurred at the same time the trial was taking place
    • Arbitrated dispute between a company and its CEO regarding claims by each against the other
  • Estate/Probate/Trusts
    • Represented relatives of a testatrix in a will contest that was settled in mediation
  • Family Law
    • Mediated a variety of post-divorce child support and parenting disputes
  • Health Care
    • Mediated dispute between provider and billing agent over alleged billing errors
  • Real Property
    • Mediated dispute regarding public bidding for gas station lease at Martha's Vineyard airport
    • Mediated dispute between landlord and tenant regarding commercial property at Boston Shipyard
    • Represented real estate brokers in many mediations to resolve claims involving unfair and deceptive practices under Chapter 93A
    • Mediated numerous landlord/tenant disputes in Quincy District Court
    • Represented a real estate developer in an arbitration against his partners
  • Honored by U.S. Bankruptcy Court (D. Mass) for service as mediator
  • Honored by Norfolk Probate and Family Court for service as mediator
  • Member of Massachusetts Bar Association Dispute Resolution Section
  • Past chair of Boston Bar Association Litigation Section Appellate Committee
  • Recognized as a Massachusetts Super Lawyer multiple times, including for ADR, an honor given to only 5% of the Massachusetts Bar
  • Member of American Bar Association Construction Forum
  • Recipient of Dennis Maguire Pro Bono Award for service to the Volunteer Lawyers Project
  • Past president of the board of directors, and current trustee, of the West Suburban YMCA in Newton, MA
  • Past chair and current member of the board of directors of Newton Commonwealth Foundation, Inc., which oversees a public golf course in Newton, MA
  • Honored by the Mayor of Newton, MA for community service

Teaching and Recent Publications

  • "Can Pre-Mediation Caucuses Make the Mediation Process More Efficient?,” Law 360 Expert Analysis Submission, June 14, 2018
  • “Special Issues in Multi-Party Construction Mediations,” JAMS Global Engineering and Construction Group, February 22, 2018
  • “Arbitrating Construction Defect Claims”, ExecuSummit presentation, December 6, 2017
  • “The Advantages of Early Mediation of Physician Disputes,” JAMS Health Care Matters, Fall 2017
  • "The Early Mediation Edge", ENR Law, October 16, 2017
  • "The Advantages of Mediating Construction Disputes," JAMS Global Construction Solutions, Summer 2017
  • Visiting Lecturer, Stanford Law School, in its “Mediation,” class
  • “Must We Choose Between Facilitative and Evaluation Techniques for Successful Mediation?,” American Bar Association Section of Dispute Resolution Just Resolutions E-Newsletter, October, 2016
  • “To be effective facilitators, mediators must know judicial process,” Massachusetts Lawyers Weekly, June 16, 2016
  • “Will Amended Rules Give Litigation Leg Up on Arbitration in Certain Cases?,” Massachusetts Lawyers Weekly, December 21, 2015
  • “To Mediate in Court or out of Court, That is the Question,” Financier Worldwide, October, 2015
  • “Should a Mediator Ever Make a Settlement Proposal to the Parties?,”, June 11, 2015
  • “Is the Facilitative Approach Useful in Mediating Commercial Disputes?,” Massachusetts Lawyers Weekly, March 30, 2015
  • “Pre-Litigation Mediation Saves Time, Money,” The Professional Contractor, Spring, 2015
  • “Observations of Small Claims Mediation by a Large Case Mediator,” American Bar Association Section of Dispute Resolution E-Newsletter, September, 2014
  • Partner, Foley & Lardner LLP, Boston, MA, 2005-2017
    • Chaired Boston Litigation and Intellectual Property Departments
    • Co-chaired Boston office Pro Bono Committee
  • Partner, Epstein Becker & Green, P.C., Boston, MA, 1993-2005
    • Chaired Construction Law Group
  • Partner, Milgrim, Thomajan & Lee, P.C., Boston, MA, 1990-1993
  • Partner, Gaston & Snow, Boston, MA, 1984-1990
  • Associate, Gaston & Snow, Boston, MA, 1976-1984
  • J.D., Stanford Law School, 1976
    • Member of the Law Review
  • B.A., University of Pennsylvania, 1972
  • Phi Beta Kappa

Counsel Comments

    • “Tom Elkind did a wonderful job mediating a bitterly contested dispute between two homeowners and a contractor. He was patient, incisive and helped the parties and their counsel resolve this dispute very quickly after only two hours.”



Practice Areas

  • Banking
  • Business/Commercial
  • Construction
  • Construction Defect
  • Employment
  • Estates/Probate/Trusts
  • Financial Markets
  • Real Property
Available nationwide


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