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 25 years, has resolved numerous disputes in the sports and entertainment industry, focusing on labor and employment issues.

Representative Matters

  • Entertainment Matters:
    • Mediated cases between a major film star and an internet entertainment company involving breach of contract claims
    • Mediated dispute between senior executive of national broadcasting company concerning gender discrimination
    • Mediated disputes between ballet dancers and a major national ballet company regarding allegations of discrimination on the basis of race and sexual orientation
    • Arbitrated dispute between major opera star and the New York City Metropolitan Opera involving claim of wrongful termination
    • Arbitrated dispute between the motion picture industry and a major union regarding required pension contributions
    • Formerly arbitrated disputes between Actor's Equity and the League of Resident Theatres
    • Arbitrated numerous disputes between major television networks and the Directors' Guild, Writers' Guild, AFTRA, and Technicians
    • Arbitrated contract compliance case between musicians and a Broadway theatre
  • Sports Matters:
    • Appointed by Major League Baseball and the Major League Baseball 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
    • Arbitrated claims of sexual harassment and sexual assault against sports organizations
    • Mediated claims of race discrimination against several major league sports organizations
    • Mediated dispute between national sports league and a promoter concerning performance fees
    • Served as arbitrator for eight years to resolve disputes between the National Football League and the NFL Players' Association, responsible for writing reasoned awards on issues, including breach of contract, player fines, and injury issues
    • Served for six years as salary arbitrator for the National Hockey League and the NHL Players' Association to determine player salaries for either a one-year or two year contract and issued reasoned opinions
    • Served for eight years as a salary arbitrator for Major League Baseball and the MLB Players' Association to determine a player's salary by accepting either the Club's offer or the Player's salary demand
    • Served as System Arbitrator for the Arena Football League and the AFL Players' Association responsible for assigning all cases filed by both the League and the Players' Association and assigning cases either to an arbitrator on the parties' panel or to the System Arbitrator. Cases involve issues of breach of contract, suspensions and fines, and injury cases
    • Served as arbitrator by the Women's National Basketball Players Association to resolve disputes between players and their agents concerning alleged contract violations
    • Mediated breach of contract dispute between television sports personality and syndicator
  • 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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