Thomas I. Elkind, Esq.

T: 617-228-0200
F: 617-228-0222
Available nationwide
Construction

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. 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.

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 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
  • Construction
    • 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 cables
  • 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

Honors, Memberships, and Professional Activities

  • 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
  • Member of Massachusetts and New York bars
  • 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

  • "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?,” www.foley.com, 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

Background and Education

  • 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

Disclaimer

This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

Elkind_Thomas_Construction_1264