Nancy Kramer, Esq. is a veteran mediator and arbitrator known for her attention to the issues presented by diverse parties and her tenacity to work through them. Adept at bridging gaps in communication, identifying obstacles to settlement, and pursuing creative solutions to complex issues, Ms. Kramer has mediated more than 600 cases with an emphasis on business/commercial, co-op/condo, employment, family law, and real estate matters.
Ms. Kramer is a member of the New York County Supreme Court Commercial Division ADR Roster; FINRA Dispute Resolution Panel; United States District Court for the Eastern District of New York Storm Sandy Mediation Panel; and served for ten years as Special Master for the Appellate Division, First Judicial Department of the Supreme Court of the State of New York. She currently serves as Chair of the New York City Bar Association ADR Committee.
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
- 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 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 matters related to breach of contract, executive compensation, wrongful termination, severance benefits, failure to promote, harassment, discrimination (race, gender, sexual orientation, disability, ethnic origin), co-worker clashes, hostile work environment, retaliation, breaches of non-compete and non-solicitation clauses, Americans with Disabilities Act (ADA), and Family and Medical Leave Act (FMLA) across a wide spectrum of industries including recruitment, manufacturing, technology, fashion, and securities
- 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
- Served as facilitator and mediator for a dispute between two department heads at a major state college at odds over the style and substance of their way of governing related to curriculum priorities and claims of overspending
- 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 Fair Labor Standards Act (FLSA) matter
- 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
- 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
- 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
- Real Estate
- Mediated a commercial lease dispute regarding non-payment of rent due to the lessee’s purported lack of business versus projected revenue expectations for a new agency
- 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
