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Carol Wittenberg

Carol A. Wittenberg

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Case Manager
Patricia Bargielski
T: 212-607-2783
F: 212-751-4099
620 Eighth Avenue , 34th Floor , New York , NY 10018

Carol A. Wittenberg, a widely respected arbitrator and mediator for 30 years, is well known for the resolution of labor, employment, and securities disputes. Ms. Wittenberg joined JAMS when the firm she co-founded, ADR Associates, merged with JAMS in 2004.

Special Master/Settlement Arbitrator

  • Arbitrator in McReynolds v. Merrill Lynch to distribute a settlement fund among various plaintiffs following resolution of a class action concerning claims of race discrimination
  • Independent Claims Expert in Bellifemine et. al. v. Sanofi-Aventis, a class action settlement of discrimination claims
  • Allocated proceeds of class actions and putative class action settlements in the pharmaceutical industry involving allegations of either gender or race discrimination
  • Allocated funds resulting from a mediated settlement of a putative class action involving allegations of gender discrimination by a medical equipment company
  • Court appointed Special Master in Arroyo v. Redeye Grill, settlement of a Federal Labor Standards Act (FLSA)) case, a case Ms. Wittenberg mediated
  • Court appointed Settlement Arbitrator in Robinson v. Metro North Railroad, a class action settlement of allegations of race discrimination
  • Arbitrator in Mohney v. Shelly’s Prime Steak, a class action FLSA settlement, to resolve retaliation and tort claims, a case Ms. Wittenberg mediated
  • Arbitrator in Moore v. AFTRA Health and Retirement Funds, to resolve benefit claims of musicians

ADR Experience and Qualifications

  • Successfully mediated hundreds of employment disputes in the following subject areas including: age discrimination, breach of contract, disability, gender discrimination, sexual harassment, and wrongful discharge
  • Mediated and arbitrated cases involving the securities industry including bonus, defamation, breach of contract, and severance disputes
  • Mediated whistleblower cases involving executives of large firms
  • Mediated numerous class actions and collective actions under the Fair Labor Standards Act and state law in the restaurant, health care and transportation industries
  • Arbitrated hundreds of labor-management disputes in the airlines, trucking, entertainment, sports, telecommunications, and publishing industries
  • Conducted a number of neutral investigations involving claims of sexual harassment, retaliation and gender discrimination
  • Served on the Extension Faculty of Cornell University's School of Industrial and Labor Relations (ILR) for 20 years and served as the ILR School’s Neutral-In-Residence for the 2003-2004 school year

Representative Matters

  • Mediated multi-plaintiff cases by female managers alleging gender discrimination and failure to promote employed by national and international banks
  • Mediated a putative class action sexual harassment case against a national home service industry with both the company and the EEOC
  • Mediated a variety of breach of contract cases brought by executives in the financial services industry
  • Mediated malicious prosecution case brought by a senior executive against an international bank
  • Mediated hundreds of Fair Labor Standards Act class and collective actions in a variety of industries, including hospitality, trucking, health care and service industries
  • Mediated putative class action race discrimination case against the food service industry
  • Mediated class action age discrimination case following mass layoff
  • Mediated claims of sexual harassment against executives of large financial institutions
  • Mediated claims involving the failure to make partnership in law and accounting firms
  • Mediated malicious prosecution case brought by a senior executive against an international bank
  • Mediated claims of discrimination against top tier clothing and cosmetics companies
  • Mediated retaliation case involving a television newscaster and a local television station
  • Mediated discrimination claims against several national sports organizations
  • Mediated case involving breach of contract claims between a film star and an internet entertainment company
  • Mediated severance and bonus claims involving high-level executives in investment banking firms
  • Mediated claims of gender discrimination by named plaintiffs arising out of class actions in the financial services industry
  • Mediated dozens of claims of gender discrimination in conjunction with the class action, Cremin, et al. v. Merrill Lynch Pierce Fenner & Smith
  • Mediator and arbitrator of gender discrimination cases in Martens et al. v. Salomon Smith Barney
  • Mediated claims of sexual abuse by students and former students of both private high schools and colleges
  • Arbitrated breach of contract claims by executives following termination of their employment in the financial services industry
  • Arbitrated gender discrimination claims of financial advisors against investment banks
  • Arbitrated failure to promote cases following settlement of class action Ellis v. Costco Wholesale Corp.
  • Arbitrated several cases challenging the accuracy of U-5’s following termination of executives in financial services
  • Arbitrated a number of retaliation and tort claims under several FLSA settlement agreements involving the restaurant industry
  • Arbitrated a number of discipline and failure to promote cases under a class action involving allegations of race discrimination
  • Arbitrated salary disputes involving professional baseball and hockey players under contracts between Major League Baseball and the MLF Players’ Association and the National Hockey League (NHL) and the NHL Players’ Association
  • Arbitrated injury cases involving professional football players under a collective bargaining agreement between the National Football League (NFL) and the NFL Players' Association
  • Member, New York City Board of Collective Bargaining, since 2002
  • Member, NASD Employment Mediation Panel, since 1997
  • Member, National Academy of Arbitrators, since 1987
  • Taught courses in mediation, arbitration, and conflict resolution, including "Thesis Alternative: ADR Practicum" for the Baruch College Masters of Industrial Relations Program
  • Co-author of several articles on mediation and arbitration, including:
    • "Employment Disputes," Mediating Legal Disputes: Effective Strategies For Lawyers and Mediators, Little Brown & Company, 1996
    • "Why Employment Disputes Mediation is on the Rise," Litigation and Technology Management Report Vol. 2. No. 1, February, 1996
    • "Internal Investigations: When To Use An Outside Neutral," 1998
    • "Resolving Employment Disputes Through ADR: Matching the Process To The Dispute," presented at Matthew Bender's 1999 New York Employment Law Update
  • Principal, ADR Associates, LLC, 2000-2004
  • Principal, Wittenberg & Shaw, LLC, 1995-2000
  • M.S., Hunter College 1974
  • B.S., Cornell University's New York State School of Industrial & Labor Relations, 1964

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    This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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