Stacey L. Cushner, Esq.
Arbitrator, Mediator, Case Evaluator
Contact: BCK Dispute Resolution Services, Inc.
One Gateway Center, Suite 851
Newton, Massachusetts 02458 USA
Telephone: 617-928-1025
Facsimile: 617-928-1025
Gateway Main Office number: 617-244-9500
E-Mail: scushner@bck.com
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Profession: Arbitrator, Mediator, Case Evaluator and Attorney – Construction, Employment, Consumer, Business, and Civil Litigation. Works as a neutral, engaged in domestic and international arbitrations and mediations.
Current Employer: Arbitrator, Mediator, Case Evaluator for BCK Dispute Resolution Services, Inc.
Work History: Arbitrator, Mediator, Attorney, BCK Dispute Resolution Services, Inc., 1998-present; Attorney, Arbitrator and Mediator, Bernstein, Cushner & Kimmell, P.C., 1991-2004; Special Assistant Attorney General/Assistant Attorney General, Office of the Attorney General for Mass., 1988-1990; Associate; Parkhurst, Levy, Halperin & Harris, 1988; Associate, Murphy, Lamere & Murphy, 1985-1988.
Experience: Over twenty years experience as a construction, employment and contract attorney, extensive experience as a neutral. Construction: Representation in private practice has included representing owners, developers, public agencies, general contractors, sureties, architects, subcontractors, and suppliers in matters ranging from differing site conditions, acceleration, design defects, bid protests, delay damages, liquidated damages, contract interpretation, change orders, termination issues to extra work issues, and other disputes involving public and private projects ranging up to $4.5 billion. Experience also includes negotiating design/build, EPC and other contracts and project development work on government buildings, schools, power plants, commercial and industrial buildings, laboratories, and underground construction. Former Assistant Attorney General and Special Assistant Attorney General of Massachusetts representing Executive Branch and agencies with regard to public construction matters.
Employment: Extensive experience in all aspects of employment law including public employment issues, proprietary rights, trade secrets and non-compete agreements, breach of contract, breach of severance agreements, ERISA plan benefits, unemployment benefit issues, and disputes involving allegations of age discrimination, sexual harassment, handicap discrimination, sex discrimination, wrongful termination, defamation, slander, conversion, wage/hour issues, and other matters. Engaged in employment law practice since 1985, representing both public and private employers and employees.
ADR Experience: Have served as an arbitrator in over 300 cases and mediated over 80 cases. Construction: Extensive experience as chair of three member arbitration construction panels for large, complex and multi-party cases. Have successfully mediated many construction disputes. Sample of recent large, complex arbitrations have included: 1). an approximate $30 million dollar dispute between a subcontractor and a general contractor for non-payment in building two power plants; 2). a $5 million dollar dispute between an owner and a design professional concerning the redesign of a condominium complex due to water infiltration issues; 3). a $4.5 million dollar dispute between an owner, a general contractor and a surety arising out of a terminated contract to build a telecommunications facility; 4). a $2.5 million dollar dispute between a general contractor and a subcontractor for reimbursement of monies spent on repairing and finishing a waste water treatment facility; and 5). a $2.5 million dollar dispute between a subcontractor, a general contractor and a surety over non-payment for public high school construction and various other cases. Have also arbitrated disputes involving the construction of bridges (multi-party disputes), highways, roads, air force facilities, police barracks, apartment buildings, industrial and commercial buildings, a water tower, waste treatment facilities, public schools, municipal, state and federal buildings, college facilities, an electric generating plant, home improvement/residential projects, and a cogeneration repowering project. Have also served as a consolidation arbitrator on several occasions to decide whether arbitration construction cases filed should be consolidated and heard with other cases.
Construction mediation cases have involved disputes ranging from about $10,000 to $4.5 million. The majority of these cases were between general contractors and owners, several involved subcontractors, architects and sureties also, others have involved international parties. Others have involved homeowners and contractors. Cases that have been mediated have involved anywhere from two to seven parties.
Employment: Have arbitrated discrimination claims (sex, sexual harassment and age), public employment cases arising out of disciplinary measures taken/termination, disputes involving breach of employment contracts, severance contracts and golden parachute contracts, the misappropriation of confidential information and violation of non-compete/proprietary rights agreements, breach of fiduciary duty issues, several ERISA claims (multiple claimants) involving a multi-billion dollar pharmaceutical company, a claim for severance benefits involving a Fortune 82 company, copyright and trademark infringement, defamation, slander and other related claims. Have mediated employment discrimination claims, wrongful termination claims, breach of contract claims, and proprietary rights claims.
Have also handled many cases as an arbitrator and/or mediator involving consumer goods and services, legal malpractice, business disputes and real estate, credit card, contract, personal injury and other issues. Cases have involved business to business disputes, matters involving a travel agency, medical suppliers, various credit card companies, and vendors.
ADR Training: American Bar Association Forum on Mediation Skills (2007), Washington, D.C.; American Arbitration Association (“AAA”) Arbitrator Ethics and Disclosure (ACE006); AAA Chairing an Arbitration Panel (ACE005); AAA Arbitrator Round Table and The Code of Ethics (2004); International Chamber of Commerce, International Dispute Resolution, Massachusetts, 2004; AAA RI Training, 2003; AAA Web-Radio Training, 2002; AAA Construction Industry Arbitrator II Training, Boston, 11/01; AAA Commercial Arbitrator Training, Boston, 6/99; Second International Bar Association International Arbitration Day, Dispute Resolution in International Long-Term Construction and Infrastructure Projects, Dusseldorf, Germany, 1998; JAMS/Endispute Mediation Certificate Training, 9/98; AAA Employment Arbitrator Training, Boston, 12/97; AAA Introductory Construction Arbitrator Training, Newton, MA 6/97; AAA Employment Arbitrator Workshop, Boston, 10/96; AAA Large Complex Case Management for the Construction Neutral, New Hampshire, 7/96; Metropolitan Mediation Services, Advanced Training, Boston.
Professional Licenses: Admitted to the Bar: Massachusetts, 1985; U.S. District Court, District of Massachusetts, 1986; U.S. Court of Appeals, First Circuit, 1986.
Professional Associations: International Bar Association (International Construction Projects and Arbitration/ADR Committees); American Bar Association (Dispute Resolution Section and Forum on Construction Industry); and Massachusetts Bar Association, Boston Bar Association (Alternative Dispute Resolution, Construction and International Dispute Resolution Committees).
Education: Brandeis University (cum laude – BA – 1982); Suffolk University Law School (JD – 1985)
Honors: Honorary Citation from Governor and Lt. Governor of the Commonwealth of Massachusetts for exemplary service and significant contributions made to the Home Improvement Arbitration Program for the Commonwealth of Massachusetts. Arbitrations performed for the HIC program and involved in program development. 9/2004.
Recent Publications/Speaking Engagements:
· “Building Codes in Massachusetts,” Lorman Education Services, Peabody, MA, 2006
· Discovery Issues in Arbitration/The Superadio Case, Boston Bar Association, Boston, 2005
· ADR Practice, World of Law Series, Harvard Law School, Cambridge, MA, 2004
· Chair and Lecturer, “Commercial Arbitration Strategies,” Boston Bar Association CLE, Boston, 2004
· Chair and Lecturer, “Effective Construction Arbitration Advocacy,” Mass. Bar Association CLE, Boston, 2003
· Participant, Mock Arbitration Program at Northeastern University School of Law, Boston, 2003
· Cushner, Stacey, Lynne, “Mediation in the United States,”THE ARBITRATION AND DISPUTE RESOLUTION LAW JOURNAL, (Kluwer Law International 2000)
· Lecturer, “Damages in Employment Arbitration,” Massachusetts Continuing Legal Education, Boston, 2000
· Chair and Lecturer, “Effective Arbitration Advocacy,” AAA and Suffolk University Law School, Boston, 2000
·Lecturer, “Dealing with Difficult Attorneys, Parties and Cases in Arbitration and Mediation,” SPIDR, Massachusetts, 1999
Compensation: Please contact the office for further information. Charges for hearing and study time. If hearing is not held in the Boston area or in Vermont, charges for air travel, plane travel, hotel accommodations and meals costs and travel time per hour if beyond three hours a day. Cancellation/postponement fee of $500.00 per day if ten business days or less notice is given.
Locale: Boston, MA
References Furnished on Request