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
