Joan C. Grafstein, Esq., FCIArb

Joan C. Grafstein, Esq., FCIArb, is a full time arbitrator, mediator, and special master who concentrates on business/commercial, class action, employment, entertainment, healthcare, higher education, real property, securities, and software development. She joined JAMS in 2003 after over twenty years as in-house counsel for large public and private research universities where she managed litigation and mediation and handled a wide variety of claims and business disputes.

Ms. Grafstein was selected as one of The Best Lawyers in America in Arbitration for the 2015-2020 Editions, is a Fellow of the Chartered Institute of Arbitrators, was President (2018-2019) of the Atlanta International Arbitration Society, is a member of the Board of Directors of the Atlanta Bar Association, the National Academy of Distinguished Neutrals, and served as Chair of the Dispute Resolution Section of the State Bar of Georgia (2014) and Chair of the Women in the Profession Section of the Atlanta Bar Association (2009-10). She speaks and writes frequently on dispute resolution including authoring the chapter on Arbitration in Georgia Business Litigation, and chairing and speaking on panels on cost effective commercial arbitration, arbitration and mediation in China, women in negotiation and mediation, ethics in arbitration, and e-discovery in arbitration.

ADR Experience and Qualifications

• Arbitrator and mediator in hundreds of significant cases, including serving as chair, sole arbitrator, and panelist in business arbitrations under JAMS, AAA, and party-specific rules
• As university in-house counsel, has extensive experience managing mediation and litigation, including employment, business, construction, and insurance disputes
• Has served as court-appointed special master and adjudicator in product liability and court-implemented class action settlement matters

Representative Matters

Business/Commercial

• Chair of arbitration panel deciding claims and counterclaims of contract breach by two businesses in food processing industry
• Arbitrated professional partnership dispute
• Arbitration panelist in arbitration of claimed contract breaches brought by club members against resort
• Arbitrator in many business to business disputes involving breach of contract claims 
• Arbitrated numerous claims by and against financial institutions over lending, credit, and collection disputes including claims by consumers of violations of federal and state statutes

Employment and ERISA

• Arbitrated FLSA claim in financial services industry that employee was misclassified as exempt from overtime
• Arbitrated FLSA claim in entertainment industry that employee was misclassified as independent contractor
• Arbitrated breach of contract claim by employer seeking liquidated damages against employee
• Sole arbitrator in two related claims seeking class action status by over 2,000 firefighters claiming pay for breach of contract and quantum meruit
• Mediated gender discrimination claim by demoted female executive against Fortune 100 company
• Mediated ERISA case against employer for denial of medical benefits on ground of unlawful act exclusion
• Mediated race discrimination employment claim against large public authority
• Mediated disability discrimination and breach of contract claim against Fortune 500 company by employee fired for substance abuse
• Arbitrated ERISA case against employer for denial of medical benefits on grounds of pre-existing heart condition  
• Mediated numerous discrimination cases and breach of contract disputes brought by dismissed employees
• Arbitrated multiple breach of contract and discrimination cases brought by terminated employees 

Healthcare

• Arbitrated contract dispute between health plan (HMO) and physician provider network (IPA) over deficits and surpluses
• Mediated lawsuit by medical school faculty member against school and hospital
• Arbitrated fraud and breach of contract claims and counterclaims between California investors in Florida nursing home and the fired manager of the nursing home
• Arbitrated claim brought by terminated CEO in healthcare field over severance benefits
• Arbitrated cases against nursing homes over death of patient and over claimed professional negligence resulting in harm to patient
• Arbitrator in dispute over asset purchase and sale agreement in health field
• Arbitrated a claim of medical malpractice against a surgeon in the performance of gastric bypass

Personal Injury

• Mediated catastrophic injury caused by truck collision

Real Estate

• Arbitrated breach of contract claim by land auction company against developer in North Carolina

Securities

• Arbitrated numerous disputes in FINRA (Financial Industry Regulatory Authority) and its predecessor NASD (National Association of Securities Dealers) Dispute Resolution, as chair of panel, panel member, and sole arbitrator, including claims brought by customers over mortgage-backed securities, and claims between brokers and dealers who are FINRA members and their brokerage firms

Software Development

• Arbitrated contract dispute between marketing company and custom software development company
• Arbitrated claims of breach of fiduciary duty and theft of trade secrets against former officer and software developer
• Arbitrator in dispute between software developer and national food company over custom software
• Mediated dispute between software developer and customer over custom software for social media and website development
• Arbitrated contact dispute in software industry where employer sought repayment of loan for training of employee
• Mediated contract dispute over software for medical imaging

Special Master/Adjudicator/Court-Annexed Mediation

• Adjudicated hundreds of claims in court administered settlement of racial discrimination class action claims against federal agency
• As Special Master ruled on product liability claim in class action settlement
• In court pro bono programs, mediated numerous civil disputes and applications for criminal warrants