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David Ross

David S. Ross, Esq.

Case Manager
Brittany Faulconbridge
T: 212-607-2788
F: 212-751-4099
620 Eighth Ave., 34th Floor, New York, NY 10018


David S. Ross, Esq. is a mediator with JAMS, and has resolved thousands of two-party and multi-party employment disputes throughout the country, including class actions.

Mr. Ross specializes in resolving employment-related disputes. Mr. Ross has settled claims of discrimination based on age, disability, national origin, pregnancy, race, religion, sex and sexual orientation, as well as disability, FMLA, severance, bonus, breach of contract, and ERISA claims. Mr. Ross has settled sexual harassment class actions and hundreds of individual sexual harassment matters.

Mr. Ross, whose mediation career has been featured in The New York Law Journal and The National Law Journal, also teaches a negotiation course at Columbia University Law School.

Representative Mediations

  • 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
  • A sexual harassment and retaliation class action brought by female employees of an international air carrier. The case alleged widespread harassment by supervisors, and thus resulted in one of the largest settlements in New York State history
  • Age discrimination, ERISA, severance, and libel claims brought by an Executive Vice-President and General Manager of a European bank against his former employer
  • Claim by a female administrative assistant that the CEO of a major insurance carrier retaliated against her and denied her FMLA rights when she refused his sexual advances
  • Claim by a Managing Director of an investment bank that he was wrongfully terminated when senior management learned that he was infected with HIV
  • Claim by the company manager of a Broadway production that he was discriminated against based on his gender and his sexual orientation as a heterosexual male
  • Claims by a Hispanic male marketing manager that his male supervisor sexually harassed him and retaliated against him by failing to promote him
  • Claims by several African American security guards against an entertainment conglomerate alleging racial discrimination, hostile work environment, and wrongful termination
  • Discrimination, 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
  • 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 against her former employer
  • 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
  • Wrongful termination claim by a female high school teacher against the school superintendent and the school district
  • 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
  • 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)
  • 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)
  • B.A., with honors, University of Virginia, 1986
    • Visiting Scholar, Cambridge University, England (1985-1986)

Counsel Comments

    Plaintiff's Counsel 
    • “Thanks so much for your hard and creative work in mediating this case. I am compelled to recognize your outstanding abilities as a mediator and your special qualities as a person. We were lucky to have you.”
    • “David is an excellent mediator. He always is very well prepared and clearly takes the time to learn the case and carefully review the parties’ pre-mediation submissions. David has been instrumental in successfully resolving a number of very difficult cases in which the parties arrived at mediation entrenched in their respective positions, and I give him my highest recommendation.”
    • "Mr. Ross settled a challenging case and did a remarkable job communicating with the parties."
    • “We had been trying to resolve a difficult employment case for six months. We made offers, shared information and had numerous discussions to no avail. Eventually we agreed to mediate with David Ross at JAMS and the case settled in a day. 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.”
    • “Thank you for the stellar role you played in resolving my client’s case. Although I was convinced that an amicable disposition of this matter was unlikely, your 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 your efforts. As a plaintiff’s employment attorney, your neutrality restored my faith in mediation services.”
    • “I just read The National Law Journal article about you. While I don’t remember ever getting any hugs from you, I certainly do remember the doggedness with which you try to get the parties (and their counsel) to reach a meeting of the minds. Your youthfulness is a virtue: with it comes energy and idealism I hope you will never lose.”
    • “You are a terrific mediator. I honestly started out thinking there was little chance of even getting an offer [from my adversary]. You did a great job! I hope our paths cross again.”
    • “David, thank you so much for...the great job you did yesterday. You were masterful! I did not think we would get it done. Your touch was just right on both sides.”
    • "Thank you.  I think you did a fantastic job.  I look forward to working with you again."
    Defense Counsel
    • "I very much appreciated your handling of the situation and was glad that you proved my pessimism to be unfounded!"
    • “I want to take this opportunity to thank you for your efforts. You took what I thought was an impossible situation and made a deal happen. I was especially impressed with the way you 'kept hope alive.' Your work throughout the mediation was stunning.”
    • “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
    • “You were amazing on this! A huge help in making it happen! Many kudos — you should feel really good about this one, because it was hard.”
    • “Thank you so much for your extraordinary perseverance. Your dedication to resolving this matter was heartfelt. I was impressed with your knowledge of the facts and your ability to discern the realities of the situation. Thanks again for your valiant efforts in getting this difficult and complicated case settled.”
      - In-House Counsel, Fortune 500 Company
    • “David was extremely adept at realizing the relevant issues to all parties and at helping to formulate proposals that would meet the needs of all parties involved.”
      - Chair of Employment Practice Group, national law firm
    • “Thank you very much for your tireless efforts over what proved to be an intense two day period."
    • “I was not optimistic for most of the mediation that we would reach a settlement number that was agreeable to my client. Your patience and skills helped obtain that outcome. Thank you for your efforts."the best and most creative mediator in the country.”
      - Senior Partner, Employment defense firm



Practice Areas


Available nationwide


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