David S. Ross, Esq. is a mediator with JAMS, where he has worked as a neutral for more than 30 years. He has successfully resolved thousands of complex two-party and multi-party cases -- including multiple class actions -- and regularly handles high profile cases involving celebrities, politicians and CEO’s of large corporations. Mr. Ross focuses on discrimination and sexual harassment disputes as well as a wide array of business-related cases. His mediation career has been featured in The New York Law Journal and The National Law Journal. He teaches Basic and Advanced negotiation courses at Columbia University Law School and he recently completed The Negotiation Master Class at Harvard Law School (2018).
David S. Ross, Esq (PDF) - Training/Teaching Bio
ADR Experience and Qualifications
- Significant experience conducting mediations on virtual platforms, including bringing complex, multi-party matters to successful resolution in a fully remote context
- Regularly conducts Virtual Mediation Advocacy trainings, including CLE courses on effectively participating in Zoom mediations, for plaintiff and defense firms across the country
- All types of employment-related cases -- including class actions and FLSA cases -- involving allegations of discrimination based on age, disability, gender, national origin, race, religion and sexual orientation
- Expertise in settling sexual harassment claims
- Experience resolving all types of contractual and commercial matters and construction, franchise, partnership dissolution, and personal injury cases
- Worked with employees and management at several companies, including one of the largest U.S. airlines, to resolve employment-related disputes
- Certified as a mediator by the U.S. District Court for the Southern and Eastern Districts of New York, the U.S. Bankruptcy Court for the Southern District of New York, and the Supreme Court, New York County Commercial Division
Representative Matters
- Business Commercial
- Breach of oral and written contract claims by Managing Director against international investment bank
- High-stakes business dissolution between two medical doctors who conducted medical research studies for major pharmaceutical companies
- Fraud claims brought by former NHL players against several banks and investment advisors
- Dozens of multi-million dollar breach of contract claims by senior executives against investment and commercial banks
- Contract dispute between large U.S. pharmaceutical company and various European and Dutch chemical manufacturers
- Breach of implied and express warranties and breach of oral contract claims by distributor of electrical parts against manufacturer
- Dozens of bonus claims by former brokers, traders and research analysts against most of the major investment banks. For example, Mr. Ross resolved a multi-million dollar bonus claim and breach of implied contract claim brought by a former Director of Investment Banking
- Employment Law
- Retaliation claim by 20-year employee against CEO of international advertising firm
- Claims of hostile work environment and retaliation — including allegations of physical assault and police involvement -- by a part-time employee against a large international retailer
- Settled an eight plaintiff class action involving FLSA, retaliation, hiring of a minor, spread of hours and failure to accommodate claims against a national warehouse chain
- Discrimination and sexual harassment claims brought by former employee against radio and television personality
- Sexual assault and attempted rape charges by female condominium employee against male supervisor and large real estate development company
- FLSA class action involving thousands of plaintiffs against a national retail chain
- Claim by Director of Sales that an AI medical imaging company and its CEO allegedly discriminated against him on the basis of his age and his religion and engaged in retaliatory conduct
- Sexual harassment and retaliation class action brought by hundreds of female employees of an international air carrier
- Allegation of rape by senior executive at large technology company
- Multiple plaintiff action alleging racial profiling against national pharmacy
- Hundreds of gender discrimination and failure to promote claims brought by female brokers, traders, managers, financial advisors and research analysts against most of the major U.S. investment banks
- Multi-plaintiff case alleging sexual harassment, discrimination, unlawful termination against medical doctors at a prestigious university
- Dozens of age discrimination and breach of contract claims against one of the country's largest HMO's
- Partnership dissolution of prominent NY-based law firm
- Sexual harassment claims against president of Fortune 500 company
- Gender discrimination claim by a male employee against a female senior executive at national public relations firm
- Claims by African American security guards against an entertainment conglomerate alleging racial discrimination, hostile work environment and wrongful termination
- Claims by a Hispanic male marketing manager that his male supervisor sexually harassed him and retaliated against him by failing to promote him
- Claim by a female assistant that the CEO of a major insurance carrier retaliated against her and denied her FMLA rights when she refused his sexual advances
- Retaliation and intentional infliction of emotional distress claims brought by an Indian male physician who served as the Director of Clinical Research at a major hospital
- Claim by the manager of a Broadway production company that he was discriminated against because he was a heterosexual male
- Claim by a Christian Caucasian male against a bank that he was discriminated against because of his religion and race
- Age discrimination, ERISA, severance, and libel claims brought by an Executive Vice-President and General Manager of a European bank
- Wrongful termination claim by a female high school teacher against the school superintendent and the school district
- Claim by a Managing Director of an investment bank that he was wrongfully terminated when senior management learned he was HIV positive
Honors, Memberships, and Professional Activities
- Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS
- Adjunct Professor, Columbia University School of Law, 1995-present
- Course Creator and Instructor, Basic Negotiation Skills and Theory
- Course Creator and Instructor, Advanced Negotiation Skills
- Author, “From Eye-Rolls to Grimaces: Understanding Body Language in Virtual Mediations,” International Law Quarterly, Winter 2021
- Author, "Mind of the Master Mediator," JAMS ADR Blog, 2020
- Inaugural Chair / Facilitator, Rainforest Alliance Honoree Program (2016)
- Panelist, NYU Law School / ABA Mediation Week (2015)
- Panelist, Workshop on Employment Law for Federal Judges (2008)
- Mediation Trainer, Bar Association of the City of New York; Cornell University School of Labor/Industrial Relations, U.S. Attorney General
- Editor of a leading negotiation textbook Beyond Winning: Negotiating to Create Value in Deals and Disputes (Harvard University Press, 2005)
- Co-Chair, Employment Dispute Resolution Systems, NYU Law School
- Former Member, National Mediation Panels: Merrill Lynch, NASD, AIG
- Conducts seminars on mediation advocacy & ethics, and negotiation
- Guest speaker on mediation at ABA Conferences, NYU School of Law, Brooklyn Law School, The Practicing Law Institute, and The American Corporate Counsel Association
- Authored articles on ADR, including: "Strategic Considerations in Choosing a Mediator" (The Journal of Alternative Dispute Resolution in Employment, Vol. 2, No. 1, Spring 2002); "The Role of Feelings in Mediation" (Dispute Resolution Alert, February 2010); and "Advanced Negotiation Skills for Lawyers" (ABA Press, 2003)
- Board of Trustees, The Rainforest Alliance
- Board of Directors, Friends of Facing History, Inc.
- Founder, Honors Mentoring Program, The Facing History School
- President’s Leadership Council, Search for Common Ground
- Development Committee, Trinity School
- Convergence Leadership Council (a non-profit that solves social challenges through collaboration)
Background and Education
- Prior to joining JAMS, Mr. Ross practiced in the litigation department at Cravath, Swaine and Moore
- LL.M., Alternative Dispute Resolution, Columbia Univ. Law School (1993)
- J.D., New York University Law School, 1989
- Moot Court Board
- Teaching Assistant, Criminal Law
- B.A., with honors, University of Virginia, 1986
- Visiting Scholar, Cambridge University, England (1985-1986)
Home Office
HOME OFFICE
New York, New York
NY Times Building, 620 8th Ave, 34th Floor, New York, NY 10018
Available to Travel
AVAILABLE TO TRAVEL
Atlanta, Georgia
1230 Peachtree St. NE, Suite 2950, Atlanta, GA, 30309
Boca Raton, Florida
2500 N. Military Trail, Suite 200, Boca Raton, FL 33431
Boston, Massachusetts
One Boston Place, 201 Washington Street, Suite 3300, Boston, MA 02108
Century City, California
1925 Century Park East, 14th Floor, The Watt Plaza, Los Angeles, CA 90067
Chicago, Illinois
71 S. Wacker Drive Suite 2400, Chicago, IL 60606
Dallas, Texas
5956 Sherry Lane, Suite 1330, Dallas, TX 75225
Detroit, Michigan
150 West Jefferson, Suite 1600, Detroit, MI 48226
Houston, Texas
609 Main Street, Suite 3930, Houston, TX 77002
Inland Empire, California
Citrus Towers, 3390 University Ave., Suite 450, Riverside, CA 92501
Las Vegas, Nevada
7160 Rafael Rivera Way, Suite 400, Las Vegas, NV 89113
London, United Kingdom
1 Paternoster Lane, St. Paul's, London EC4M7BQ UK
Los Angeles, California
515 S. Flower St, Suite 4500 Los Angeles, CA, 90071
Miami, Florida
One Biscayne Tower, 2 South Biscayne Boulevard, Suite 3600, Miami, FL 33131
Minneapolis, Minnesota
90 S. 7th Street • Suite 3875, Minneapolis, MN, 55402
Orange County, California
5 Park Plaza, Suite 400, Irvine, CA 92614
Philadelphia, Pennsylvania
1717 Arch Street, Suite 3810, Philadelphia, PA 19103
Sacramento, California
1415 L Street, Suite 700, Sacramento, CA 95814
San Diego, California
401 B Street, Suite 2100, San Diego, CA 92101
San Francisco, California
Two Embarcadero Center, Suite 1500, San Francisco, CA 94111
Santa Rosa, California
50 Old Courthouse Square, Suite 600, Santa Rosa, CA 95404
Seattle, Washington
1420 Fifth Ave., Suite 1650, Seattle, WA 98101
Silicon Valley, California
160 W. Santa Clara St., Suite 1600, San Jose, 95113 CA
St. Louis, Missouri
190 Carondelet Plaza, Suite 1450, Clayton, MO 63105
Toronto, Ontario, Canada
77 King Street West, Suite 2020, Toronto, ON M5K 1A1
Walnut Creek, California
1255 Treat Blvd., Suite 700, Walnut Creek, CA 94597
Washington, D.C.
1050 K Street NW, Suite 800, Washington, D.C. 20001
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- Plaintiff’s Counsel
“I have participated in hundreds of mediations across the United States and worked with hundreds of different mediators. In my opinion, David Ross is the best and most creative mediator in the country.”
- In-House Counsel, Fortune 100 Company
“David is an exceptional mediator. He’s thoughtful, insightful, and respectful. Most importantly, David has a unique ability to empathize with our clients and make them feel valued and heard.”
- Plaintiff’s Counsel
“David took what I thought was an impossible situation and made a deal happen. I was especially impressed with the way he 'kept hope alive.' His work throughout the mediation was stunning.”
- Defense Counsel
“David’s patience with the most difficult client of my 23-year legal career was beyond extraordinary. Nobody else could have resolved this case. Grateful and appreciative is an understatement.”
- Plaintiff’s Counsel
“David is a pro. He is incredibly well-prepared, whip-smart, and strategic in his approach. He works tirelessly to achieve resolution, and cares deeply about the process and participants.”
- Chair, Employment Group for global law firm
“David played a stellar role in resolving my client’s case. Although I was convinced that an amicable disposition of this matter was unlikely, his persistence combined with over nine hours of patient, skillfully conducted joint and separate sessions brought about a resolution. Without a doubt, the settlement of this matter resulted from his efforts… his neutrality restored my faith in mediation services.”
- Plaintiff’s Counsel
“David was exceptionally well prepared…and came equipped with a firm grasp of the facts and issues. Due to his thoughtfulness and patience, he was able to build trust with my client and successfully navigate multiple points of contention, ultimately leading to a resolution of a dispute that…looked somewhat hopeless. I highly recommend David, especially for complex matters involving entrenched parties.”
- Plaintiff’s Counsel
“David Ross has an excellent demeanor. He listens carefully and respectfully to the client’s position but…is candid about the strengths and risks of the case. A true strategic thinker as he guides the parties to a reasonable resolution.”
- Defense Counsel
“David Ross is an exceptionally talented, insightful, and effective mediator who is patient, persistent and fair.”
- Plaintiff’s Counsel
“David was instrumental to the settlement…[W]e went into mediation under the continued strong belief that the matter would not settle... However, almost from the start, both sides were extremely pleasantly surprised…to see progress, which was a direct tribute to David’s preparedness and knowledge of the case. The common notion that “both sides walk away unhappy” did not apply to us. My client and I were extremely satisfied with the outcome, all due to David’s magic.”
- Defense Counsel
“David is a determined and creative mediator who has pulled more than a couple of resolutions out of the fire in my cases. He comes to every mediation prepared to the hilt…[a]nd he brings a welcome sense of humor to the process.”
- Plaintiff’s Counsel
“David did what you want a mediator to do: find a way to get a settlement by any means necessary with creativity, patience and even humor."
- Defense Counsel
“David is a truly experienced mediator who respects the process and always shows deep empathy for the parties. David does not simply ‘split the baby’ -- you can see him personally struggling as parties might reach impasses. My clients always walked away very happy and relieved with the result because of his personal investment in the process from carefully reading the papers, talking to counsel before the mediation, his thoroughness during the mediation, and his careful consideration and deliberation.”
- Plaintiff’s Counsel
“David demonstrated extraordinary perseverance. His dedication to resolving this matter was heartfelt. I was impressed with his knowledge of the facts and [his] ability to discern the realities of the situation. David used valiant efforts in getting this difficult and complicated case settled.”
- In-House Counsel, Fortune 500 Company
“David has that rare talent to bring people together and find a solution. He is warm, pragmatic and can resolve even those stubborn cases that seem hopeless. You can go to court and litigate for years or call David Ross and end it in a day.”
- Plaintiff’s Counsel
“David was exceptionally well prepared; he had read the parties’ written submissions with great care, and from the start of the mediation, he demonstrated total familiarity with all the facts and issues of our case. He handles people patiently and well and achieved a settlement under difficult circumstances.”
- Defense Counsel