Biography
Nancy Kramer, Esq. is a veteran mediator, arbitrator and facilitator known for her attention to the issues presented by diverse parties and her flexibility and tenacity to work through them. She conducts virtual mediation and arbitration hearings as well as the traditional in-person sessions.
Adept at bridging gaps in communication, identifying obstacles to settlement, and pursuing creative solutions to complex issues, Ms. Kramer has mediated more than 650 cases with an emphasis on business/commercial, co-op/condo, employment, family law, and real estate matters. She is a member of the JAMS Title IX panel.
Ms. Kramer is a member of the FINRA Dispute Resolution Panels (arbitration and mediation); New York County Supreme Court Commercial Division ADR Roster; United States District Court for the Eastern District of New York mediation Panel and United States Postal Service mediation panel. She served for ten years as Special Master for the Appellate Division, First Department and was a recent Chair of the New York City Bar Association ADR Committee.
Facilitations
Ms. Kramer has particular expertise resolving disputes through facilitations. She has worked successfully to resolve disputes through the facilitation process with a number of groups (commercial, academic, not-for-profit) with personnel, leadership, communication and workplace culture problems involving a broad group of people with more issues than are typically part of a mediation. The facilitation process often includes collective sessions, private meetings and interviews with involved parties. The facilitation can result in a report to the board or other governance, a position paper, an informal agreement or an oral report. Facilitation varies enormously in structure and length with the circumstances and can be very successful in improving group dynamics.
One recent facilitation succeeded in getting education leaders in one state to develop a common position paper for government leaders despite very different educational priorities and preferences.
Another facilitation led a not-for-profit advocacy organization to re-evaluate its personnel structure and make changes, which resulted in a substantially more productive staff.
Representative Matters
- Business/Commercial
- Mediated a fashion related dispute between a denim clothing manufacturer and fabric supplier regarding issues related to color, texture and grade variations that the manufacturer found unacceptable and claimed delayed delivery of their products
- Mediated a three-party dispute between a hospital, supplier of body tissue used for skin grafts, and the party responsible for a refrigeration unit, used for storage of body tissue, which failed to perform at regulated temperatures
- Mediated claims brought by a successful art photographer against a company hired to build custom art shipping boxes involving claims for damages when the custom boxes were not provided timely which resulted in missing numerous deadlines for delivery of art
- Mediated contract claims between a school board and its contractor for snow removal regarding whether snow had been removed timely and to specifications
- Mediated a heated dispute between a sister and a brother who had long been co-investors until sister married late in life
- Mediated the dissolution of a small law firm where bitter feelings had kept two partners from reaching an agreement
- Construction
- Mediated a multi-party construction dispute involving change orders, and defect and delay claims, that increased costs and delayed the opening of a restaurant in a shopping mall
- Co-op/Condo
- Mediated multiple disputes between co-op/condominium boards and residents over financial issues, renovations, roof access, maintenance costs related to repairs, use of premises, and neighbor/owner disputes over noise, cigarette smoke, objectionable cooking odors, unfriendly/hostile language, and disputes regarding the parties responsible for repairs and property damage arising from various sources including cracked drainpipes
- Mediated claims brought by a not-for-profit theater, a tenant of a residential/commercial property, against the condominium's Commercial, Residential and Condominium Boards of Managers to resolve issues and costs related to sewage and venting
- Mediated claims of disability discrimination by shareholder with counter claim by co-op of breach of lease
- Mediated claim by shareholder in high-income, high-visibility co-op that extensive building renovations had made her apartment uninhabitable for months
- Mediated claims against an owner that purchased a condo unit as an investment and allegedly used the unit for commercial use as a bed and breakfast (B&B) in violation of the condo bylaws
- Employment
- Mediated hundreds of complex employment disputes involving Fortune 500 companies, independent government agencies and a wide range of industries including fashion, manufacturing, recruitment, securities and technology. Issues involved breach of contract (non-compete, non-solicitation & non-disparagement clauses), executive compensation, wrongful termination, discrimination (race, gender, sexual orientation, disability, ethnic origin), severance benefits, failure to promote, Americans with Disabilities Act (ADA) and Family & Medical Leave Act (FMLA)
- Mediated a non-solicitation matter involving “poaching” allegations that an employee of a software technology company left for a bigger tech company, took customer data for use at the bigger company, and approached employees about possible hire at that company
- Mediated claims brought by several hearing-impaired employees with different degrees of impairment against the employer for failure to distinguish between their varying needs and make reasonable accommodations; after mediation with a sign interpreter, a tiered accommodation was structured and the complaint dropped
- Facilitated end to a conflict between the department chair and the department faculty at a major state college who were at odds over the style and substance of the chair's leadership
- Mediated numerous Fair Labor Standards Act (FLSA) cases--group and individual
- Mediated a breach of contract and confidentiality provision dispute for which the employer, which sought the mediation, had held up scheduled payments to all employees in a FLSA matter
- Facilitated resolution of conflict between two employees of a house of worship stemming from unclear job descriptions and clashing personalities
- Facilitated clash of personalities and duties at foreign consulate
- Estate/Probate
- Mediated a multi-state probate lawsuit between the surviving parent and children regarding the disposition of the estate
- Mediated a complex estate matter between contentious spouses and children of multiple marriages regarding the allocation of rights and revenues stemming from the deceased’s development of a successful aviation technology
- Family Law
- Mediated numerous family law cases involving divorce and separation agreements, child support agreements, and modifications to agreements
- Mediated modifications to various agreements between same-sex couples
- Higher Education and Title IX
- Reviewed evidence and conducted supplemental hearing to determine if university had followed its published procedures and had acted fairly in its fact-finding investigation
- Facilitated full-day session for a college department resulting in the establishment of improved communication/coordination procedures
- Personal Injury
- Mediated numerous matters involving accidents (auto, construction/Labor Law, slip and fall), and catastrophic injury
- Mediated claims of wrongful death brought against physicians, hospitals, and blood banks
- Professional Liability
- Mediated legal malpractice claims that an attorney failed to advise a client, a party purchasing a restaurant, of appropriate state laws that increased costs and delayed the restaurant opening under new management
- Mediated law firm dissolution with potential claims of sexual harassment threatened against partner
- Real Estate
- Mediated a commercial lease dispute regarding non-payment of rent due to the lessee’s purported lack of business based on allegedly misleading representations by lessor
- Mediated a dispute that arose after a commercial building owner died and the family member that inherited the property initially refused to continue renting to the successful bar/restaurant that had thrived at that location for years – with both the building owner and restaurant owner amicably tolerating building violations and renovations throughout their long-term lease – even though the restaurant owner was willing to pay the new owner a substantial rent increase in order to stay and work through which parties would be responsible for bringing violations up to code
- Securities
- Arbitrated multiple broker/dealer disputes and customer claims regarding not following instructions, churning, and breach of fiduciary duty
- Arbitrated numerous employment disputes in a securities context regarding discretionary bonuses perceived to be incommensurate with expectations by brokers in relation to their contracts and employee evaluations
- Appointed Member, Alternative Dispute Resolution Advisory Council, Pilot Mediator Incubator Program, United States District Court, Eastern District of New York (EDNY), 2022
- Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS
- Member, New York City Bar Association President's Committee, 2018-2021
- Member, New York City Bar Association Co-op and Condo Committee, 2018-2021
- Chair, New York City Bar Association ADR Committee, 2015-2018
- Member, New York State Bar Association Mediation Committee
- Special Master, Appellate Division, First Judicial Department, Supreme Court of the State of New York, 2005-2015
- Member of REDRESS panel, alternative dispute resolution program of United States Postal Service, since its inception in 1998
- Member of United States District Court for the Eastern District of New York roster of mediators
- Former Panel Member, American Arbitration Association
- Former Panel Member, Resolute
- Speaker on a variety of ADR topics for American Bar Association, Brooklyn Bar Association, Council of New York Cooperatives & Condominiums, CPR, Lawline.com, Nassau County Bar Association, New York City Bar Association, New York City Corporation Counsel, New York County Lawyers Association, New York State Attorney General's Office, New York State Bar Association, PLI, Touro Law School, and several psychoanalytic institutes
Publications
- "Co-Op and Condo Disputes: Mediation Offers Flexible Quick Solutions," New York Law Journal, October 1, 2019
- "Co-Mediating - Giving It a Chance," New York Law Journal, March 18, 2019
- “Timing: An Overlooked Component Of A Successful Mediation”, Law 360, October 29, 2015
- "Storm Sandy -- Mediation Like No Other", mediate.com, December 2013
- "Tip Sheet on Selecting a Mediator", mediate.com, December 2011
- "An Introduction to Alternative Dispute Resolution for the LGBT Community", white paper of New York State Bar Association, January 2011
- "How to Best Represent Your Client at Mediation: A Tip Sheet", mediate.com, May 2010
- "Are Agreements to Mediate Necessary? Yes!", mediate.com, June 2008
- "Mediate Co-op Disputes" Letter to the Editor, The New York Times, May, 2007
- "Taking the High Road", mediate.com, August 2006
- "The Same but Different: Mediating Separations of Same-Sex Couples" ACResolution, Summer 2005
- "Do You Have a Picture of Jamie? How and Why This Works in Mediation", mediate.com, February 2003
- Nancy Kramer Mediation & Other Dispute Resolution Services, solo neutral practice, 2005-2015
- Special Counsel to New York State Trial Lawyers Association, 1998-2004
- Private practice as Administrative Law Judge, mediator, appellate brief writing, 1997-1998
- Director of Professional Programs, NYU Real Estate Institute, 1995-1997
- Deputy Bureau Chief & Bureau Chief, New York State Attorney General's Office, 1982-1995
- Executive Director of Committee For Public Justice, 1979-1982
- General Counsel, New York Public Interest Research Group (NYPIRG), 1973-1979
- General Counsel, Council on The Environment of New York City, 1972-1973
- Associate, Moore, Berson, Hamburg & Bernstein, 1970-1971
- Assistant Regional Counsel, United States Office of Economic Opportunity (OEO), 1969-1970
- Assistant Director, Manhattan Bowery Project, 1968-1969
- Staff Attorney, Legal Aid Society, 1966-1968
- J.D., with honors, Columbia Law School, 1966
- B.F.A., Brandeis University, magna cum laude, Phi Beta Kappa, 1963
Counsel Comments
- “Ms. Kramer's skill as a mediator was instrumental in helping the parties reach an amicable resolution to our case. With her detail-oriented approach, she not only took the time to understand the facts of the case and the parties' legal arguments, but she also took the time to talk to the parties in order to understand where they were coming from. With a strong sense of parties' respective claims and defenses, and an understanding of what was motivating them, Ms. Kramer was able to expertly navigate the parties toward a settlementthat was fair and acceptable to everyone.”
- “You inspire communication.”
- “Through thorough preparation, Nancy quickly grasps the facts and legal issues involved, which enables her to efficiently get to the bottom of the dispute. It was a real pleasure working with Nancy and I would not hesitate to recommend her services to others!”
- “Bright, personable, a very quick study and one who uses her vast experience in all useful and productive ways.”
- “Nancy Kramer has a unique combination of attributes that make her a wonderful mediator. She is street smart yet compassionate. She relates well to everyone but is steadfast in her journey towards truth and fairness. Most of all, she is a good listener and a very practical person. She understands the difference between the parties’ aspirations and what she believes is achievable. If you looked up the word “mediator” in the dictionary, you might very well see a picture of Nancy Kramer.”
- “Ms. Kramer is skilled as both a mediator and arbitrator. As a mediator, she works to understand what is motivating each party to help facilitate resolution. As an arbitrator, she respects the law but also ensures the parties benefit from the efficiencies of the ADR process. If you find yourself in a dispute, you can find comfort in her handling of the matter.”
- “Nancy guided the parties to settlement of an emotionally fraught dispute between a residential cooperative corporation and shareholder. She was patient, but dogged, and I would not hesitate to utilize her services in future disputes.”
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Practice Areas
- Business/Commercial
- Employment
- Family Law
- Higher Education & Title IX
- Personal Injury/Torts
- Real Property
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