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Thomas I. Elkind , Esq.

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Home Office: Boston, Massachusetts View More

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Thomas I. Elkind, Esq. is a trained mediator, arbitrator and former litigator who has been resolving disputes in commercial litigation cases since 1978. As a neutral, Mr. Elkind has focused on commercial, construction, employment, health care and real property disputes.

As a litigator, Mr. Elkind historically resolved most of his clients’ cases through strategic negotiation or mediation but also argued successfully before the Massachusetts Supreme Judicial Court in a number of cases. Mr. Elkind previously chaired the Boston office litigation department and the construction practice at two prestigious law firms.

With his dedication and commitment to dispute resolution Mr. Elkind has earned a reputation as an innovative mediator and as a trusted arbitrator. As a mediator, Mr. Elkind is dedicated to working with the parties for as long as the parties are willing to try to find solutions to their disputes. He is persistent, detail-oriented and follows through to keep the process going after the parties appear to have reached an impasse, even if that means continuing to engage with the parties after the mediation session has concluded.

ADR Experience and Qualifications

Available to resolve disputes remotely through a number of videoconferencing options

Representative Matters

Bankruptcy

Mediated dispute between a debtor and a creditor in an adversary proceeding

Business Commercial

Arbitrated disputes between provider of computer software services and its commercial clients
Mediated dispute among shareholders of a closely held waste management company
Arbitrated dispute among shareholders of a closely held corporation formed to develop a medical device

Construction

Arbitrated dispute between a New York school and its general contractor involving multiple alleged defects in a new construction project
Arbitrated numerous breach of contract disputes between homeowners and providers of solar panels
Arbitrated breach of contract dispute between a provider of replacement windows and a homeowner
Mediated dispute among owner, architect and contractors regarding defects in the construction of a new educational building
Arbitrated dispute between owner and contractor working on a neighboring building regarding alleged negligence
Mediated dispute between interstate railroad and governmental entity regarding reconstruction of railroad, delays and extra work
Arbitrated and mediated numerous disputes between homeowners and contractors regarding breach of contract, payment, defects and delays in new construction projects and in the reconstruction of damaged homes
Mediated dispute between gas company and contractor regarding damage to gas line
Mediated dispute between general contractor and public agency over change orders requested by contractor in an airport project
Represented steel fabricator in a multi-party mediation regarding the failure of structural steel beams in a high-rise office building
Negotiated global settlement of 23 separate claims by a telephone company against a district steam distributor for damage to an underground telephone cable

Consumer

Arbitrated and mediated numerous disputes between consumers and businesses

Employment Law

Mediated dispute between employer and former employee regarding breach of fiduciary duty and compensation owed
Represented doctors accused of breaching their employment agreements with a medical provider in a mediation that occurred at the same time the trial was taking place
Arbitrated dispute between a company and its CEO regarding claims by each against the other

Estate Probate Trusts

Represented relatives of a testatrix in a will contest that was settled in mediation

Family Law

Mediated a variety of post-divorce child support and parenting disputes

Health Care

Chaired tribunal in arbitration between a hospital and an insurer regarding numerous reimbursement and rate issues
Mediated dispute between provider and billing agent over alleged billing errors
Represented health care companies in matters involving hiring and termination of employees, wrongful discharge, and discrimination matters
Mediated contract dispute among owner of endoscopy center and two staffing companies
Arbitrated contract dispute between two providers of COVID test kits

Real Property

Mediated dispute over permitted use of land among abutting landowners
Mediated dispute regarding public bidding for gas station lease at Martha's Vineyard airport
Mediated dispute between landlord and tenant regarding commercial property at Boston Shipyard
Represented real estate brokers in many mediations to resolve claims involving unfair and deceptive practices under Chapter 93A
Mediated numerous landlord/tenant disputes in Quincy District Court
Represented a real estate developer in an arbitration against his partners
Mediated dispute between unit owner and condominium trustees regarding changes to common area

Thomas I. Elkind

Thomas I. Elkind Esq. | JAMS Mediator and Arbitrator

Honors, Memberships, and Professional Activities

Honored by U.S. Bankruptcy Court (D. Mass) for service as mediator
Honored by Norfolk Probate and Family Court for service as mediator
Past chair of Boston Bar Association Litigation Section Appellate Committee
Recognized as a Massachusetts Super Lawyer multiple times, including for ADR, an honor given to only 5% of the Massachusetts Bar
Recipient of Dennis Maguire Pro Bono Award for service to the Volunteer Lawyers Project
Honored by West Suburban YMCA for many years of service to the organization
Past president of the board of directors, and current trustee, of the West Suburban YMCA in Newton, MA
Past chair and current member of the board of directors of Newton Commonwealth Foundation, Inc., which oversees a public golf course in Newton, MA
Honored by the Mayor of Newton, MA for community service
Member, JAMS Global Engineering and Construction Group

Teaching and Recent Publications

“Some Companies No Longer Requiring Waiver of Consumer, Employment Class Action Claims,” Massachusetts Lawyers Weekly, May 17, 2021
“ADR by videoconference a good alternative these days”, Massachusetts Lawyers Weekly, April 6, 2020
“As Mediation Evolves, the Procedure is Changing”, Massachusetts Lawyers Weekly, July 1, 2019
"How to Avoid Construction Disputes and Resolve Them Quickly”, Chair of Panel for Massachusetts Bar Association presentation, April 30, 2019
"Can Pre-Mediation Caucuses Make the Mediation Process More Efficient?,” Law 360 Expert Analysis Submission, June 14, 2018
“Special Issues in Multi-Party Construction Mediations,” JAMS Global Engineering and Construction Group, February 22, 2018
“Arbitrating Construction Defect Claims”, ExecuSummit presentation, December 6, 2017
“The Advantages of Early Mediation of Physician Disputes,” JAMS Health Care Matters, Fall 2017
"The Early Mediation Edge", ENR Law, October 16, 2017
"The Advantages of Mediating Construction Disputes," JAMS Global Construction Solutions, Summer 2017
Visiting Lecturer, Stanford Law School, in its “Mediation,” class
“Must We Choose Between Facilitative and Evaluation Techniques for Successful Mediation?,” American Bar Association Section of Dispute Resolution Just Resolutions E-Newsletter, October, 2016
“To be effective facilitators, mediators must know judicial process,” Massachusetts Lawyers Weekly, June 16, 2016
“Will Amended Rules Give Litigation Leg Up on Arbitration in Certain Cases?,” Massachusetts Lawyers Weekly, December 21, 2015
“To Mediate in Court or out of Court, That is the Question,” Financier Worldwide, October, 2015
“Should a Mediator Ever Make a Settlement Proposal to the Parties?,” www.foley.com, June 11, 2015
“Is the Facilitative Approach Useful in Mediating Commercial Disputes?,” Massachusetts Lawyers Weekly, March 30, 2015
“Pre-Litigation Mediation Saves Time, Money,” The Professional Contractor, Spring, 2015
“Observations of Small Claims Mediation by a Large Case Mediator,” American Bar Association Section of Dispute Resolution E-Newsletter, September, 2014

Background and Education

Partner, Foley & Lardner LLP, Boston, MA, 2005-2017
- Chaired Boston Litigation and Intellectual Property Departments
- Co-chaired Boston office Pro Bono Committee
Partner, Epstein Becker & Green, P.C., Boston, MA, 1993-2005
- Chaired Construction Law Group
Partner, Milgrim, Thomajan & Lee, P.C., Boston, MA, 1990-1993
Partner, Gaston & Snow, Boston, MA, 1984-1990
Associate, Gaston & Snow, Boston, MA, 1976-1984
J.D., Stanford Law School, 1976
- Member of the Law Review
B.A., University of Pennsylvania, 1972
Phi Beta Kappa

Virtual & In-Person Locations

Home Office

Boston, MA

Available to Travel To

Atlanta, GA
Boca Raton, FL
Century City, CA
Chicago, IL
Dallas, TX
Detroit, MI
Houston, TX
Inland Empire, CA
Las Vegas, NV
London
Los Angeles, CA
Miami, FL
Minneapolis, MN
New York, NY
Orange County, CA
Philadelphia, PA
Sacramento, CA
San Diego, CA
San Francisco, CA
Santa Rosa, CA
Seattle, WA
Silicon Valley, CA
St. Louis, MO
Toronto, ON
Walnut Creek, CA
Washington, DC

Virtual hearings available nationwide

“Tom Elkind is the ideal decision-maker in complex legal matters. He is exceptionally patient, efficient, and professional. At every turn, Tom was clear in his reasoning, candid with counsel, and consistently quick to respond to outreach by the parties. He quickly grasped complex concepts and promptly dispatched baseless positions, ensuring the process remained focused and productive. We would be happy to use him again as a neutral.”

— Seasoned litigator

“I really appreciated how Tom stuck with the case and went the extra mile to get the case to settle, even after a full day of mediation in which, by day’s end, there was no agreement. Many mediators would have given up after the first day. This was a pretty hard settlement to accomplish, but Tom kept coming up with ideas in the days and weeks that followed. The case finally settled, which I credit to Tom’s tenacity. I’m convinced this case would not have settled but for his persistence and insights.”