- Whistleblower, First Amendment, Privacy Act. Mediation of several highly public and intensely scrutinized disputes between current or former federal employees and U.S. agencies, including Cabinet-level departments, concerning the employees’ allegations of misconduct by the agencies and subsequent retaliation by government officials for actions taken by the employees to reveal the alleged wrongdoing. These disputes have included cases linked to high government officials and in some instances former Presidents as well as to the trauma of post-9/11.
- Law Firms. Mediation of several disputes involving national law firms and current or departing partners or associates involving alleged race, gender, or age discrimination, compensation issues, and alleged violations of the partnership agreement.
- Mergers/Buyers’ and Sellers’ Rights. Mediation of several post-merger breach of contract disputes between national companies and owners and executives of acquired businesses. The disputes have involved effectuation of the terms of the acquisition agreements, including issues over proprietary ownership rights, stock options, employment terms and executive compensation, and non-compete requirements. Cases include fields such as intellectual property, technology, consulting, consumer services, and defense contracting.
- Discrimination and Defamation. Mediation of many disputes involving claims of race, gender, age, or disability discrimination, and ancillary claims of retaliation, defamation and other personal torts, brought against various corporations, government agencies, and law firms. Among these cases are actions brought by employees against the nation’s primary intelligence agency; two separate class action suits brought by groups of employees against hotel chains and a national entertainment chain; charges against a prominent U.S. university alleging race discrimination in a graduate program; and discrimination by a U.S. Government entity operating outside the U.S.
- Computer Sales Commissions. Mediation of a dispute concerning a former top sales manager for a major U.S. computer company who alleged breach of contract and related claims arising out of his treatment after changes by the company to its national marketing program.
- Law Firm Partnership. Chair of a three-person arbitration panel to resolve the rights and obligations of a departing founder and principal of a law firm.
- Discrimination, Retaliation, Tort. Sole arbitrator in the first case brought under a national company’s ADR program. The case involved allegations of gender discrimination and retaliation; sole arbitrator of an age discrimination case.
- Sports Company Management/Executive Compensation. Sole arbitrator of a dispute involving the departure of the CEO and President from a sport and health company that owned multiple facilities in a major metropolitan area.
- Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS
- Mediator, U.S. District Court and U.S. Court of Appeals (DC Cir.) ADR Program since 1995
- Member, ABA and DC Bar Dispute Resolution Sections
- Visiting Lecturer, American University and George Washington University Law Schools, 2013
- Former Member, U.S. Copyright Arbitration Royalty Panel
- Former Member, D.C. Bar Fee Conciliation and Arbitration Service
- Former Member, JAMS Regional Advisory Council
- Former Board Member, Boys & Girls Clubs of Greater Washington and the D.C. Boys & Girls Clubs
- Current Member of private, non-profit Boards
- LL.B., New York University School of Law, 1967 (Walsh Scholar)
- B.A., cum laude with highest honors, Williams College, 1964 (Phi Beta Kappa)
- Trial Attorney, U.S. Department of Justice, Civil Rights Division, Honors Law Program
- Senior Partner/Director, Beveridge & Diamond, P.C., Washington, D.C. for 38 years. (Firm’s first Managing Partner; currently Senior Counsel)
- Practice included litigation, arbitration, and negotiation advocacy, including jury and non-jury trials involving federal and local governments, corporations, citizens groups, and individuals. Cases included commercial, intellectual property, environment, tort, discrimination, and first amendment. Representation included plaintiffs and defendants, large and small companies, and consortiums of national and multi-national companies.
- “An agreement could not have been reached without Harold’s intervention. He was incredibly well-prepared and a master of shuttle diplomacy. At the appropriate times he was sympathetic, at times forceful. He was always patient. No matter how impenetrable various impasses seemed, he would never give up and always had creative suggestions. He kept both sides, and their lawyers, calm and focused through this highly charged process."
- Senior Partner, National Law Firm
- "This was a case of great complexity. It was only because of your creativity, diligence, and faith that settlement was reached. I want to thank you very much for all your efforts. This was in many ways a ‘model mediation in which through your efforts, parties acting in good faith were able to come to an agreement that fully satisfied the interests of all concerned.."
- Senior Federal Judge
- “Without your skill and persistence, the litigation in this case likely would have continued for several additional years at great expense in time, financial and human resources to all parties involved. Instead, through the efforts of your good offices, the parties have achieved a mutually satisfactory resolution. You have done a great service not only to the litigants and the court, but to the taxpayers as well.”
- Senior Official, Federal Agency
- “This was probably the most difficult mediation in which I have been involved. I am deeply appreciative of your extraordinary efforts, skill and commitment.”
- Partner, Top 30 National Law Firm
- “Your unrelenting efforts to move the parties towards a resolution of this complex and high profile matter resulted in a fair and equitable resolution for all concerned. It is an acknowledgement of your skill and acumen as a mediator that not only was an agreement reached but that the parties are all so pleased with the end result.”
- General Counsel, Federal Agency
- “Mr. Himmelman performed his duties as mediator with scrupulous fairness, patience, skill and insight, ultimately enabling the parties to settle this case despite substantial long-standing differences. Mr. Himmelman is one of the most effective mediators we have encountered.”
- Partner, DC Law Firm
- “I didn’t think that our chances for success were great, but that was only because I didn’t factor in your expertise. I really don’t think we could have reached a settlement without you.”
- Partner, Top 100 National Law Firm
- “I just wanted to express my appreciation for the quality of the mediation service you performed. Disputes, by definition, should never be pleasant to play out. But, the way you handled the proceeding, coupled with your personal comportment and capabilities, made the battle almost tolerable. You are an extremely competent mediator.”
- Senior Executive, Energy Company
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