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Carol A. Wittenberg

Carol A. Wittenberg

General Biography
Practice Areas
Entertainment and Sports
Personal Injury/Torts
Honors, Memberships, and Professional Activities
Background and Education

Carol A. Wittenberg is a widely respected and nationally-known arbitrator and mediator with over 40 years of dispute resolution experience. Ms. Wittenberg joined JAMS when the firm she co-founded, ADR Associates, merged with JAMS in 2004.

Ms. Wittenberg has resolved hundreds of employment cases.  She is particularly skilled in dealing with emotional issues that characterize employment disputes as well as regarded for her persistence in following cases through settlement.

Ms. Wittenberg has also arbitrated hundreds of employment and labor disputes under the rules of JAMS, AAA, CPR and other internal programs established by organizations.

Special Master/Settlement Arbitrator

  • Allocated settlement fund among 23 women with allegations of sexual assault after interviews
  • Allocated settlement fund among various plaintiffs in McReynolds v. Merrill Lynch, a class action concerning claims of race discrimination
  • Served as 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
  • Served as court appointed Special Master in Arroyo v. Redeye Grill, settlement of a FLSA case
  • Served as court appointed Settlement Arbitrator in Robinson v Metro North Railroad, a class action settlement of allegations of race discrimination, including discipline and failure to promote claims
  • Served as arbitrator in Mohney v. Shelly’s Prime Steak, a class action FLSA settlement, to resolve retaliation and tort claims

Representative Mediations

  • Mediated multi-plaintiff cases by female managers alleging gender discrimination and failure to promote in the financial services industry
  • Mediated an age discrimination case brought by multiple female newscasters against a media company
  • Mediated a variety of breach of contract cases brought by executives in the financial services industry
  • 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 a class action age discrimination case with the EEOC against a national computer company
  • Mediated claims of sexual assault and harassment against a television personality at a national media company 
  • 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 discrimination claims against several national sports organizations
  • Mediated severance and bonus claims involving high-level executives in investment banking firms
  • Mediated claims of sexual abuse by students and former students of both private high schools and colleges under Title IX and the New York State Victims’ Act 
  • Mediated dispute between senior executive of national broadcasting company concerning gender discrimination

Representative Arbitrations

  • 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 wrongful termination and breach of contract case by a television personality
  • 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 several cases challenging the accuracy of U-5’s following termination of executives in financial services

Representative Sports Matters

  • Mediated a dispute between a national sports league and a promoter concerning performance fees
  • Mediated a breach of contract dispute between a television sports personality and syndicator
  • Mediated cases of race discrimination, gender discrimination and sexual harassment against several major league sports organizations
  • Arbitrated injury and contract disputes involving professional football players under a collective bargaining agreement between the National Football League (NFL) and the NFL Players’ Association
  • Arbitrated salary disputes involving professional baseball and hockey players under contracts between Major League Baseball (MLB) and the MLB Players’ Association and the National Hockey League (NHL) and the NHL Players’ Association
  • Appointed by MLB and the MLB Players’ Association as the “Fifth Member” of their Drug Joint Treatment Board as well as one of two Alternate Panel Chairs under the parties’ Basic Agreement.

Honors, Memberships, and Professional Activities

  • Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS
  • 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

Background and Education

  • 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


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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