Carol Wittenberg

Carol A. Wittenberg

JAMS Mediator, Arbitrator and Hearing Officer

Case Manager
Christine Smith
T: 212-607-2783
F: 212-751-4099
620 Eighth Ave., 34th Floor, New York, NY 10018


Carol A. Wittenberg, a widely respected arbitrator and mediator for 30 years, has resolved hundreds of employment claims. She is particularly skilled in dealing with the emotional issues that characterize employment disputes, and is well regarded for her persistence in following cases through settlement.

Special Master/Settlement Arbitrator
  • Allocated settlement fund among 23 women with allegations of sexual assault after interviewing each of the women
  • 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, including discipline and failure to promote claims
  • Arbitrator in Mohney v. Shelly’s Prime Steak, a class action FLSA settlement, to resolve retaliation and tort claims

Representative Mediations

  • Mediated an age discrimination case brought by multiple female newscasters against a national media company
  • Mediated an age discrimination case in conjunction with a layoff with the EEOC and multiple plaintiffs against a national computer company
  • Mediated allegations of sexual harassment against the CEO and other top executives of financial institutions
  • Mediated numerous gender discrimination claims of financial analysts with respect to pay, failure to promote, and termination in the financial services industry
  • Mediated a putative class action race discrimination case in the food service industry
  • Mediated a variety of breach of contract cases brought by executives in the financial services industry
  • Mediated cases of attorneys against law firms involving allegations of gender and age discrimination as well as sexual harassment claims
  • Mediated claims of age discrimination involving multiple plaintiffs employed by a major federal government contractor following a reduction in force
  • Mediated multiple claims of gender discrimination by managers employed by investment banks
  • Mediated multi-plaintiff sexual harassment case against a national home service industry including the involvement of the EEOC
  • Mediated several multi-plaintiff cases of female managers alleging gender discrimination and failure to promote employed by national and international banks
  • Mediated several Equal Pay Act protective class actions
  • Mediated whistleblower cases involving executives of large firms
  • Mediated several cases of allegations of discrimination against transgender individuals
  • Mediated a number of claims of sexual assault under the New York State Child Victims' Act and other similar state legislation
  • Mediated claims of discrimination by executives against sports organizations
  • Mediated claim of retaliation by newscaster against a local television station
  • Mediated a claim of disability discrimination by a doctor against a medical group
  • Mediated collective and class actions involving wage claims under the FLSA and state law against companies in the restaurant, transportation and health services industries

Representative Arbitrations

  • Arbitrated a number of retaliation and tort claims under several FLSA settlement agreements in the restaurant industry
  • Arbitrated failure to promote cases following settlement of class action Ellis v. Costco Wholesale Corp.
  • Arbitrated a number of discipline and failure to promote cases under a class action involving allegations of race discrimination in the transportation sector
  • Arbitrated wrongful terminiation and breach of contract case by a television personality
  • Arbitrated breach of contract claims of executives following termination of employment in the financial services industry
  • Arbitrated gender discrimination claims of financial advisors against investment banks
  • 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 several claims of gender discrimination in the class action, Martens et al. v. Salomon Smith Barney, involving determinations under Title VII, the Equal Pay Act, and contract claims
  • Arbitrated a wrongful termination claim by a television newsperson against a news organization
  • 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
  • Arbitrated hundreds of labor-management disputes in the airlines, trucking, entertainment, sports, telecommunications, publishing, and education industries
  • 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
  • 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



Practice Areas


Available nationwide


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