Michael D. Young, Esq.
Since joining JAMS as a full-time neutral in 1989, Michael D. Young, Esq. has conducted approximately 2000 complex or multi-party mediations and arbitrations in over thirty states (as well as in Puerto Rico) and abroad (such as in Rome, Madrid and Zurich), including approximately 300 arbitrations, appraisals or other binding dispute resolution proceedings.
Mr. Young has mediated and arbitrated all types of disputes, and he currently focuses his practice on the mediation and arbitration of cross-border commercial cases and insurance coverage matters.
Mr. Young has been recognized by various publications and members of the legal community as one of the most skilled and widely respected mediators and arbitrators in the United States. Specifically, in each edition during the 2016-2022 period of Chambers and Partners has identified Mr. Young as one of the seven mediators in the United States recognized in Band One. Chambers has noted “his deft, subtle handling of mediations…” and that he is recognized as “very talented yet very humble” mediator who “enjoys a strong reputation for his expert understanding of complex insurance and class action disputes, as well as a wide range of other matters." In addition, Best Lawyers chose him as “Mediator of the Year” for New York City for 2018-2019 and “Arbitrator of the Year” for New York City for 2020-2021. He has also been, since 2014 recognized in both the International Who’s Who in Commercial Mediation ("receives praise internationally as a standout practitioner," and "… is recognized for his conciliatory and diplomatic approach to disputes”) and in the International Who’s Who in Insurance and Reinsurance. Finally, he is an elected fellow of the College of Commercial Arbitrators.
In addition to serving on the JAMS and JAMS International mediation and arbitration panels, Mr. Young is a member of the CPR International Institute for Conflict Prevention and Resolution Panel of Distinguished Neutrals and of the panels of the Beijing Arbitration Commission, Singapore International Mediation Center, Afghanistan Centre for Commercial Dispute Resolution, and of the Center for Arbitration and Dispute Resolution in Israel. He has arbitrated matters under the rules of most major arbitral institutions, including the ICC and ICDR.
- Chairperson of a three-arbitrator tribunal in International Chamber of Commerce (ICC) proceeding involving a valuation dispute between Korean and Japanese companies
- Mediated post-judgment collection effort by an American company against a Chinese company, seeking to collect in the U.S., Hong Kong, and China
- Mediated concurrently a claim by a U.S. corporation against a Danish corporation for property damage arising out of construction of an energy facility in the U.K. and a claim by the same U.S. corporation against its U.K. based first party property damage insurer arising out of the same loss
- Arbitrated a claim by a Mexican company against a U.S. based insurer under a “seller” side “reps and warranties” insurance policy
- Mediated a dispute by a U.K. based private equity fund against a U.S. corporation for alleged violations of “reps and warranties” in the sale of an Israel based manufacturer
- Mediated an airplane leasing dispute between a syndicate of European banks and a financially unstable South American airline (conducted in Madrid, Spain, partially in Spanish)
- Mediated product supply dispute between an Israeli company and British company (conducted in Rome, Italy)
- Mediated and arbitrated numerous other insurance coverage disputes, including with London and Bermuda-based carriers, and including claims under D&O, first party property damage, E&O, CGL, Fidelity and other types of policies, at both excess and primary levels
- Co-special master for discovery management, mediation and settlement implementation purposes in a class action against a law firm with respect to tax shelters and separate services as a mediator in multiple claims relating to tax shelters against an investment bank and others
- Member of a three-arbitrator panel in a Library of Congress Copyright Arbitration Royalty Panel proceeding involving the allocation of a $200 million copyright royalty fund among various copyright holder claimant groups
- Member of a three-arbitrator tribunal in a hundred million dollar-plus claim against the developer and of a popular video game, raising contract, patent and copyright issues
- Sole arbitrator in breach of contract dispute between manufacturer of airplane landing gear and its supplier following termination of the supplier
- Sole arbitrator in a collection action brought by a litigation funder against a litigant in which issues of enforceability of the agreement were litigated
- Sole arbitrator in breach of contract dispute between casino operator and hotel developer regarding termination of the development deal
- Mediated multiple “long tail” claim insurance coverage disputes between an insured and multiple CGL carriers at both the primary and excess levels, including matters relating to underlying toxic tort suits and one relating to head injuries in professional sports, resulting in resolutions encompassing both the payment of money/policy “buy-backs” as well as “cost-sharing” or “coverage in place” agreements
- Umpire in various binding property-damage insurance appraisals, including matters arising out of the World Trade Center collapse
- Mediated and arbitrated post-acquisition disputes between sellers and buyers of various types of businesses, including claims relating to balance-sheet adjustments and violations of "reps and warranties"
- Mediated multiple claims relating to the value of derivatives arising out of the Lehman bankruptcy proceeding
- Mediated multiple “Madoff”-related claims, including those against third party fund managers whose investors held positions in the Madoff fund and appointed by the court to arbitrate privilege issues arising out of the Madoff bankruptcy proceeding
- Mediated multiple claims relating to commercial or residential mortgage-backed securities
- Mediated and arbitrated numerous legal malpractice claims involving, for example, missing statutes of limitations and conflicts of interests; as well as numerous claims of accountant malpractice alleging, for example, errors in tax filings or financial statements; and other types of professional liability matters, such as claims against actuaries
- Mediated numerous class actions, including securities and fraud claims for alleged misrepresentations by executives of public companies or sponsors of limited partnerships and related claims against attorneys who prepared offering memoranda or accountants who conducted audits; as well as numerous wage and hour class actions in all industries
Honors, Memberships, and Professional Activities
Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.
Selected Awards and Honors
- Band One Mediator, Chambers and Partners, 2016-2023
- International Who's Who In Insurance and Reinsurance, 2014-2020
- International Who's Who in Commercial Mediation, 2013-2020
- Mediator of the Year, NYC, Best Lawyers, 2019
- Arbitrator of the Year, NYC, Best Lawyers, 2021, 2024
- ADR Champion, American Law Media, 2017
- Recognized since 2006 by various law-related periodicals as one of the "Best Lawyers in America," as a "Super Lawyer," and by Law Dragon as "One of the Top Neutrals/Private Judges in the U.S."
- “The FAA Statutory Framework” and “Discovery,” co-authored with Cliff Bloomfield, Esq., PLI Press Treatise Arbitrating Commercial Disputes in the United States, September 2018
- “Binding Alternative Dispute Resolution and Insurance Claims,” with Cliff Bloomfield, Esq., ABA Section on Tort Trial & Insurance Practice Resolving Insurance Claim Disputes before Trial, June 2018
Background and Education
- Member of Board of Glimmerglass Festival, 2019-Present
- Member of Board of Legal Services NYC, 2017-Present
- Chair of the Board of Legal Services NYC, 2014-2017
- Board of Directors of the JAMS Foundation, 2013-2018
- Vice-Chair of the Board of Legal Services NYC, 2011-2014
- Interim Executive Director of Legal Services NYC, 2010-2011
- JAMS Board of Directors, 2000-2010
- Litigator, Public and Private Sectors, 1978-1989
- J.D., cum laude, Harvard Law School, 1978
- A.B., with honors, Brown University, 1975
- “The technology [for our virtual session] worked seamlessly. I was impressed at how effective it was, and with Mr. Young’s facility with it. The breakout rooms worked very well.”
- "In confirming an award issued by Mr. Young in a complex “finder’s fee” dispute arising from a cross-border commercial real estate investment, Justice Alice Schlesinger (N.Y.S. Supreme Court, N.Y. County) stated the following on the record: “... Because in what I would characterize as Mr. Young’s thoughtful and well-reasoned award... Also because of the way in which Mr. Young handled this whole process in a truly conscientious way ... So, I find that this was a really serious attempt to do the legal thing as well as the right thing...”
- "Indeed, throughout the (very) long day, [he] remained a constant beacon of coolness. [His] thoughtful, kind demeanor was key in developing a rapport with my client, who was sensitive to the issues she was discussing. [He] gently prodded her, challenged her, and at times honestly agreed with her, all the while building up a level of trust. At the end of the day, she had immense trust in [him] and [his] judgment. Most of all, [he was] well prepared in respect of the facts and legal issues, and challenged all sides to see things in a clearer, objective light. This helped bridge differences. Ultimately, and on several occasions, [he was] able to pull us all back from the abyss."
- "Michael Young was knowledgeable, prepared, assiduous, and persistent ... He didn't introduce his personality into the mediation, but separate and apart from that he was a friendly and engaging person. Besides that, he is ... always prepared to help outside the time that is allotted for the case."
- "First of all, he's very smart, very fair, really a straight shooter. Understands the tougher issues and can give an experienced evaluative opinion -- only after he's listened for at least half the session or at least he's absorbed the key issues. His persistence is amazing."
- "He's engaging, yet calm and professional. He is confident in his ability to solve cases and interacts well with different personalities."
- "His settlements are the result of his (a) hard work in preparing for the mediation; (b) intelligence and ability to grasp quickly not just the core issues in dispute, but also the nuances of complex matters that must be addressed to achieve a workable solution; and (c) his enormous patience in dealing non-stop and effectively with the attorneys and parties involved."
- "Michael is not afraid to tell the parties what he thinks about any given position or claim they are making, yet will follow the party's lead as to what information is to be communicated to the adversary."
- "He never knocks heads together, but he will present an evaluative position. He knows when the parties need to call it a day, and will follow-up to resolve final points after a few days to think things through."
- "Michael has a way of keeping the door open. ... Michael will make sure the lines of communication are still open and the parties are trying."
- "Michael is a genuinely nice guy. People like to be around other people whom they like -- especially someone you have to spend hours with and in a high stakes situation."
Available to Travel
AVAILABLE TO TRAVEL
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