Jerome Allan Landau has been serving as a professional Mediator, Group Facilitator, Arbitrator and Alternative Dispute Resolution (“ADR”) professional since the mid-1070s. He is admitted to practice law in Arizona, New York and Colorado and the U.S. District Courts for Arizona and the Southern and Eastern Districts of New York.
Supported by over 400 hours of specific ADR training Jerome has either received or taught, Jerome has served as the Mediator in numerous local and national disputes, including his service as a Judge Pro Tem. Jerome’s expertise as an ADR professional has been recognized through his professional certifications to numerous prestigious Court and Neutral Administrator Mediation and Arbitration Panels.
Such recognition has extended to Jerome’s being certified as one of the limited number of Charter Members of the prestigious National Academy of Distinguished Neutrals (“NADN”) and his Certification by the International Mediation Institute (based in the Hague.)
Jerome’s Mediation certifications have included service as Judge Pro Tem of the Superior Court of Maricopa County, Arizona, the Civil Court of New York and Mediator Neutral panels of the American Arbitration Association (“AAA”). Other national Mediator Administrative Groups include Construction Dispute Resolution Services (“CDRS”), U.S. Arbitration and Mediation (“USA&M”), Construction Dispute Services and others. He also serves as a private Mediator and Facilitator for “non-administered” matters.
A national and international lecturer and trainer of other dispute resolution professionals Jerome has produced, chaired and presented at numerous local and international ADR programs including six annual Advanced Commercial Mediation Institute (“ACMI”) two day conferences. ACMI conference have been honored by having the American Arbitration Association and Harvard Law School as Co-Sponsors.
Having twice served as an invited Presenter of programs at the United Nations, a U.N. publication referred to Jerome as “bringing techniques for conflict resolution to those endeavoring to bring peace to the world.”
As an author on ADR topics, especially mediation, Jerome has served on the “Commercial” Editorial Board of “ACResolutions”, an international magazine serving dispute resolution professionals, where he was also a contributing author.
Jerome has served multiple years as an Advisory Member of the AAA Arizona Regional Advisory Council, as a Member of an American Bar Association’s Advisory Council and held multiple leadership positions in local, national and international arbitration and mediation associations including, but not limited to:
Chairman of the Commercial Section of the international Association for Conflict Resolution (ACR) and its Real Estate and Construction Committee, International ADR Committee and its Professional ADR Educational Committee;
Co-Chairman; international Advanced Commercial Mediation Institute (ACMI);
Producer, Co-Chairman & Presenter: ACMI international Advanced Commercial Mediation Conferences (6+ years);
Founding Co-Director, Arizona Association for Conflict Resolution;
AAA Arizona Regional Advisory Panel;
American Bar Association (ABA) Advisory Panel Member;
Co-Director: Arizona Dispute Resolution Association;
President : Maricopa County Association for Family Mediation;
American Arbitration Association: certified Neutral on multiple Arbitration and Mediation Panels;
Arizona Bar and American Bar Association ADR Sections;
Keynote Speaker and presenter at ABA ADR Section Leadership Council annual conference;
Presenter on behalf of various professional ADR Associations of numerous interactive educational programs for professional Mediators and Arbitrators.
There is ongoing professional discussion amongst attorneys as to which is more important, retaining an experienced dispute resolution professional or a person experienced in the industry which is the subject of the dispute.
I suggest that both are valuable.
Mediator or Arbitrator Conflict of Interest. A major ongoing concern relates to an Arbitrator or Mediator’s potential “conflicts of interest”. A Mediator and an Arbitrator have an ongoing obligation to determine and report any potential conflict of interest between the prospective Mediator or Arbitrator, that individuals professional associates (e.g. law firm) and the parties and others “related” to the parties (e.g. shareholder, partners, family etc.) There are many examples of an ADR professional discovering a potential conflict of interest during the initial inquiry period and prior to an appointment – in these instances the rules work well to protect the parties. Notwithstanding the best of intentions and inquiry, there are also examples of an Mediator or Arbitrator’s potential conflicts of interest being discovered only after the appointment; and, even more unfortunate, during or after completion of a hearing. These “late” discoveries can come with considerable financial and time loss damages incurred by the parties. By way of recent example, following considerable pre-hearing activity, and after the conclusion of the arbitration hearing, yet prior to the rendering an Award, the Arbitrator “discovered” that a partner in the Arbitrator’s law firm had a prior legal relationship with the law firm representing a party.
As a result of this “second-hand” conflict the arbitration was terminated, after a full hearing and prior to rendering an Award; expensive and costly motion practice ensued. The entire matter was subsequently arbitrated ab initio by another Arbitrator, who had never worked with a local law firm and had no conflict. When an Award has been rendered before discovery of an Arbitrator’s conflict, the parties incur even greater financial and other damages, including legal actions to set aside the Award. These kinds of losses can dramatically impact upon a business’ existence and effectiveness, and the credibility and reputation of Mediation and Arbitration as effective alternatives to litigation. Except for his early government service, Jerome has never worked for a law firm. As such, the types of potential “law firm” conflicts of interest related above do not occur when Jerome is a Mediator or Arbitrator.
Industry Experience. Below are examples of the numerous industries and legal areas in which Jerome has served as an attorney for U.S. and international businesses and business leaders or served as the Mediator or Arbitrator. This professional experience compliments Jerome’s skills as a professional Mediator and Arbitrator.
BUSINESS AND COMMERCIAL REPRESENTATION
Representation of local and national United States corporations, limited liability companies and partnerships, European, East Indian and Asian businesses and business leaders and one Kingdom
Personally created and administered four international businesses (law, security, art publishing and product trading);
Establish and maintain the integrity and strength of the business entity;
Purchase and sale of businesses (U.S. and globally);
Transactional negotiations, contracts and licensing, mergers and acquisition and letters of credit;
Strategic planning and partnering;
Family owned business issues and disputes
Entertainment and publishing industries; author (books, music, lyricist representation);
Negotiations and contract review and drafting;
Franchise (Member, ABA Franchise Law Forum; representation as business counsel and/or litigation counsel for franchisors; Mediation and Arbitration of franchise disputes; group facilitation of franchise groups and establishment of dispute resolution programs to facilitate minimal disruption of franchise activities);
Entertainment, Publishing and Art including:
Former owner of a European art publishing company;
Representation of ‘New York Times” (multi) “best selling” Author; Film and “Broadway-bound” producers and production companies;
International choreographers and dance companies (film and legitimate theatrical productions);
Composers and lyricists and performance artists
Family Partnerships, Intergenerational Disputes; Family Dissolutions. Services included:
Mediation of “high-asset” estates (e.g. $20,000,000+ assets);
Legal representation in high and small asset dissolutions of marriage. Securing the dissolution of a marriage is now very easy; the challenges actually come with the business side of the estate (assets include businesses / professional practices, real estate, securities portfolios, options, autos, planes, boats etc.)
Intellectual Property; Entertainment Industry: trademark, copyright and royalty litigation, mediation and arbitration; publishing; author, lyricist, composer representation. Clients have included authors (including a New York Times Best Selling novelist); Twyla Tharp Dance Company (the movie Hair); Laura Dean Dancers & Musicians; filmmakers; motion picture, television and Broadway talent; producers of legitimate theatrical productions; defended clients in U.S. District Court against suits brought by Lacoste Izod and other trademark holders.
Real Estate, Construction and Development:
Clients have included investors, buyers, sellers, lessors and lessees of commercial and residential properties;
Lease negotiation and drafting;
Real estate brokers and agents;
Contractors and sub-contractors;
Property Owner issues including litigation against Contractors, Sub-contractors and Inspectors; hazard insurance issues, torts, trespass etc.)
Construction disputes (e.g. defects, fraud, breach of contract matters);
Federal land-trade (Arizona);
New York State: Former Licensed Broker;
Graduate - Realtor Institute
In excess of 700 hours of continuing legal and continuing real estate education programs
Instructor- Arbitration and Mediation program – Arizona School of Real Estate and Business
Finance and Lender Matters - Client representation included:
Prospective and existing borrowers or lenders;
Mediation of creditor/Debtor issues;
Real Estate and business financial issues (investments, short-sale and foreclosure issues, contracts on behalf of lenders and borrowers)
Large and complex financial and Investigative matters (former U.S. Treasury Department Investigator.)
Health Care and Medical: Representation has included:
Representation of medical doctors/osteopathic physicians, chiropractors Naturopathic Medical Doctors; Medical Foundation; Local and national Mediation on behalf of many diversified medical groups (e.g. neurologists, neurosurgeons, perfusionists, dental, anesthesiologists) experiencing conflict among partner physicians and/or staff;
American Arbitration Association Health Care Neutral
Non-Profit Organizations: services have included:
Establishing and securing tax-exempt status and/or “umbrella exemptions” for religious, cultural, medical, health care and other non-profit associations;
Counseling Boards of Directors and Trustees;
Mediating Board disputes.
Environmental and Energy Resources:
Representation of Canadian solar firm; consultation regarding international solar panel manufacturer’s acquisition of “off-shore” government license; related contracts.
National Environmental Protection Act.
International Business Community:
Clients included European, Canadian, Far East and Middle Eastern and East Indian businesses and business Leaders; a mid-sized United Kingdom international law firm clients’ U.S. activities; Ambassadors and the United Nations Mission of the Country of Bhutan and members of the Bhutanese Royal Family; the 900 year old Kagyu Lineage of Tibetan Buddhism;
Negotiated I.P. licensing contract with Government of Korea;
Lecturer for Italian and U.K. lawyers and business persons regarding U.S. business law.
Founding principal of international firms in the fields of law; art publishing; security (private investigation, corporate and governmental security, financial fraud and embezzlement, including service to an international banking institution and product trading).
Non-profit and Tax Exempt Entities:
Establishment and maintenance of non-profit organizations;
U.S. and international client activities in such fields as medicine, education, religion, performing arts and culture;
Legal counsel, past Chairman and multi-year Board Member of the Gladys Taylor McGarey Medical Foundation.
Legal representation and Mediation Services for various “Faith Traditions”.
Childcare, Pre-School, Elder Care and Senior Advocacy:
Establishment and maintenance of child care/pre-schools;
Representation before Attorney General, Department of Health Services
Trusts and Estates. Services included:
Service as Trust Protector, Drafter of Trust Documents; Trustee legal representation; litigation and mediation of Trust and Estate disputes.
Closely akin to mediation services a group Facilitator works with large groups of persons who have a common goal, yet might hold differing thoughts on its accomplishment. These include Boards of Directors / Trustees; corporate executives and line-staff; industry representatives (e.g. establishing proposed government regulations); medical groups etc.
Among examples of groups for which Jerome has served as the Facilitator are included a group exceeding 70 medical doctors and osteopaths goaled with creating a White Paper for the President’s Medical Council, the Departments of Medicare and Medicaid and specific Congressional and Senate offices; medical partners experiencing conflict among their partners; international church leadership groups experiencing conflict sufficient to disrupt the entire association.
REAL ESTATE LAW, BROKERAGE & CONSTRUCTION
Service as Attorney, Arbitrator and Mediator related to a variety of commercial and residential real estate and construction transactions (development, purchase and sale, business opportunities, financial, construction, and brokerage disputes) privately and through the administration services of the American Arbitration Association and other national Administrators
Legal counsel and litigation attorney for brokers, agents, owners, investors and developers;
Construction and other Project Dispute Review Boards – establishment and participation;
Real Estate Industry: Commercial, Residential, Resort Properties; Arizona, United States and international:
Commercial and residential brokerage services – in excess of 30 years industry experience assisting local and
Assist International clients to locate, purchase, sell and lease commercial, industrial and residential properties.
25 years Arizona Licensee and Realtor®
Graduate, Realtor Institute
Former New York State licensed Real Estate Broker
Real Estate and commercial mortgage Consultant and business adviser to real estate investors and investment groups
Negotiations and contracts;
Sales and leasing of office, commercial and industrial buildings, vacant land, residential properties, hotels, resorts and ranches;
Representation of Brokers and Agents;
Representation of Sellers and Buyers;
Representation of Investors and Investment Groups;
Federal land trades;
Solar and alternative energy industry (national and international).
LITIGATION AND TRIAL EXPERIENCE
Litigation (plaintiff and defendant advocate), Mediator and Arbitrator in numerous state and federal courts; matters have included, but are not limited to :
Director, shareholder, partner, employee disputes, breach of contract, breach of fiduciary and derivative actions;
Financial fraud and embezzlement;
Trade regulation disputes - non-competition, non-solicitation and non-circumvent, trade secret and proprietary information;
Fee disputes - legal, medical, construction, royalty;
Provisional remedies - restraining orders, injunctions, receiverships;
Franchise (litigation counsel for franchisors, franchisees; mediation and arbitration of franchise disputes; group;
Facilitation of franchise groups and establishment of dispute resolution programs to facilitate minimal disruption of franchise activities; dispute review boards;
Torts (slander, libel; personal injury- multiple million dollar case settlements or verdicts);
International Trademark litigations;
Trust and Estate matters including multi-million dollar estates;
Family Partnership disputes;
Dissolution of Marriage (example: marital estate exceeding $20,000,000).
On the personal side: Jerome holds a third-degree Black Belt (“Sandan”) in the martial art of Aikido; is an internationally certified Yoga Teacher and a horseman. He established a residence in Arizona to live with his wife, Linda, an educator; and continues to perform his Mediation and Arbitration services throughout the United States.