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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 and nationally-known arbitrator and mediator, has over 30 years of dispute resolution experience. 

Ms. Wittenberg has arbitrated hundreds of employment and labor disputes.  She is known for her ability to expeditiously and efficiently manage the arbitration process, including discovery.  She has arbitrated under the rules of JAMS, AAA, CPR and other internal programs established by organizations.  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 
  • Court appointed Settlement Arbitrator in Robinson v. Metro North Railroad, a class action settlement of allegations of race discrimination
  • Arbitrator in Moore v. AFTRA Health and Retirement Funds, to resolve benefit claims of musicians
  • Arbitrator in Mohney v. Shelly’s Prime Steak, a class action FLSA settlement

Representative Arbitrations

  • Arbitrated failure to promote cases following settlement of class action Ellis v. Costco Wholesale Corp.
  • Arbitrated breach of contract claims by executives following termination of their employment
  • Arbitrated a number of retaliation and tort claims under several FLSA settlement agreements involving the restaurant industry
  • Arbitrated claims of gender discrimination in the financial services industry, involving determinations under Title VII, Equal Pay Act and contract claims
  • Arbitrated breach of contract claim by an executive terminated by a manufacturer of construction materials as well as a counter claim of hostile work environment under an indemnification clause
  • Arbitrated the accuracy of U-5 filings brought by executives terminated from investment banks
  • Arbitrated bonus claims by executives in the financial services industry
  • Arbitrated hundreds of labor-management disputes involving both discipline and contract interpretation issues under collective bargaining agreements in the following industries:  airlines, trucking, sports, entertainment, telecommunications, publishing education and government
  • Arbitrated dozens of injury disputes involving professional football players under contracts 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 and the MLB Players’ Association and the National Hockey League (NHL) and the NHL 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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