Thomas Elkind

Thomas I. Elkind, Esq.

JAMS Mediator, Arbitrator and Referee/Special Master

Case Manager
Angus Blake
T: 617-228-9138
F: 617-228-0222
One Beacon Street, Suite 2210, Boston, MA 02108

Thomas I. Elkind is available to conduct cases virtually. JAMS is equipped to provide virtual ADR services on a variety of online platforms, including Zoom, Microsoft Teams, WebEx, and more.


Thomas I. Elkind, Esq. has worked throughout his career to resolve construction cases, representing owners, contractors, architects, engineers, sureties and lenders in a wide variety of matters. 

Mr. Elkind is a trained mediator, arbitrator and former litigator who has been resolving disputes in commercial litigation cases since 1978. As a litigator he 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 an innovative mediator and a trusted arbitrator. 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.

Representative Matters

  • Bankruptcy
    • Mediated dispute between a debtor and a creditor in an adversary proceeding
  • Construction
    • Mediated dispute between general contractor and mechanical subcontractor regarding delays on a government project
    • Mediated dispute between interstate railroad and governmental entity regarding reconstruction of railroad, delays and extra work
    • Arbitrated numerous disputes between homeowners and contractors
    • Mediated dispute between contractor and home owner regarding construction of new home
    • Mediated dispute between contractor and home owner regarding reconstruction of water-damaged home
    • Mediated dispute between gas company and contractor regarding damage to gas line
    • Mediated dispute between general contractor and public agency over change orders requested by contractor
    • Arbitrated dispute involving amount owed to general contractor
    • 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
  • 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
    • Mediated dispute between unit owner and condominium trustees regarding changes to common area
  • Honored by U.S. Bankruptcy Court (D. Mass) for service as mediator
  • Honored by Norfolk Probate and Family Court for service as mediator
  • 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
  • Recipient of Dennis Maguire Pro Bono Award for service to the Volunteer Lawyers Project
  • Honored by West Suburban YMCA for many years of service to the organization
  • 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
  • Member, JAMS Global Engineering and Construction Group

Teaching and Recent Publications

  • “Some Companies No Longer Requiring Waiver of Consumer, Employment Class Action Claims,” Massachusetts Lawyers Weekly, May 17, 2021
  • “ADR by videoconference a good alternative these days”, Massachusetts Lawyers Weekly, April 6, 2020
  • “As Mediation Evolves, the Procedure is Changing”, Massachusetts Lawyers Weekly, July 1, 2019
  • "How to Avoid Construction Disputes and Resolve Them Quickly”, Chair of Panel for Massachusetts Bar Association presentation, April 30, 2019
  • "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.”
    • “I wanted to express how thoroughly I appreciated your professionalism and guidance in this mediation process, and what an absolute pleasure to work with you.”- Leading Real Estate Attorney
    • "Tom Elkind was a thoughtful, compassionate, and goal-oriented mediator.  He took several hours before the mediation to meet with the parties and counsel.  As a result, he had a clear plan for the mediation and we were able to hit the ground running.  During the mediation, Mr. Elkind kept the parties on track and helped us navigate some thorny issues.  We are grateful for Mr. Elkind’s assistance and we would not hesitate to use him again."



Practice Areas

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


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