BCK DISPUTE RESOLUTION SERVICES, INC.
Contact: Stacey L. Cushner, Esq. - Attorney, Arbitrator, Mediator, Case Evaluator, Dispute Resolution Board Foundation Member
ABOUT OUR PRINCIPAL ARBITRATOR/MEDIATOR,
STACEY L. CUSHNER, ESQ.
Arbitrator, Mediator, Case Evaluator and Attorney – Construction, Employment, Consumer, Business, Renewable Energy and Civil Litigation. Works as an emergency arbitrator. As a neutral, engaged in domestic and international arbitrations and mediations. Member of the Dispute Resolution Board Foundation and accepting membership to DRBs in the US and Canada.
Current Employer: Arbitrator, Mediator, Case Evaluator for BCK Dispute Resolution Services, Inc. and Of Counsel to BCK Law, P.C.
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.
Over thirty-five years experience as a construction, employment and contract attorney, extensive experience as a neutral in construction, employment, sexual harassment in the workplace, business, contract, consumer, real estate/personal injury/renewable energy and other cases.
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.
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.
Business, Contract, Real Estate, Credit Card, Consumer, Personal Injury and Renewable Energy: Have handled arbitration and mediations in each of these fields.
Served as an arbitrator in over 520 cases and mediated over 200 cases.
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.
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, sexual harassment 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, renewable energy, 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.
Dispute Review Board Training, 2020; Cyber Security in Arbitration, 2020; Case Finances for Arbitration, 2019; Does the FAA Preempt State Laws Banning Mandatory Arbitration of Sexual Harassment Claims? 2019; Arbitrator Performance and Demeanor, 2018; Out of Sight, Out of Mind: What You Need to Know about Preventing and Arbitrating Business-to-Business ("B2B") Data Breaches, 2017; AAA Managing and Costs of Exchanging ESI in Construction Arbitration, 2017; AAA Clarity in Award Writing, 2016; AAA Arbitrator Subpoenas: Are they Worth the Paper They're Printed On?, 2015; AAA Litigant Psychology, 2015; AAA Principled Deliberations: Decision Making Skills for Arbitration, 2014; AAA Webinar, Scope of the Arbitrator’s Authority: Granting Interim and Final Relief, 2013; AAA Managing the Arbitration Process for Efficiency & Economy Following the Preliminary Hearing, 2012; AAA Maximizing Efficiency & Economy in Arbitration, Challenges at the Preliminary Hearing, 2011; AAA Arbitrators & Technology: Two Part Luncheon Series, 2011; AAA Webinar, Arbitrator Boundaries: What are the Limits of Arbitrator Authority, 2010; AAA Webinar, Will Traditional Litigation Strategies Work in Employment Arbitration – Ask the Experts, 2009; AAA Webinar, Resolution of Employment Disputes: Pre-Arbitration, 2009; ABILA International Law Weekend, 2008; 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, 1996; AAA Maximizing Efficiency & Economy in Arbitration, RI, 2011; AAA Arbitrators & Technology: Two Part Series, Boston.
Admitted to the Bar: Massachusetts, 1985; U.S. District Court, District of Massachusetts, 1986; U.S. Court of Appeals, First Circuit, 1986.
American Bar Association (Dispute Resolution Section and Forum on Construction Industry), Dispute Review Board Foundation, and Massachusetts Bar Association.
Brandeis University (cum laude – BA – 1982); Suffolk University Law School (J.D. – 1985)
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:
- Best Practices in Employment Mediation Today,” before the Massachusetts Commission Against Discrimination staff mediators, Boston, 2020
- Speaker and Creator of "ESI Discovery in Arbitration: A Primer," Massachusetts Bar Association CLE, Dispute Resolution Symposium, and paper published, 2017
- Speaker and Creator of What Employers Need to Know about Social Networking, American Bar Association, Webinar and White Paper, 2010
- “Successfully Transitioning to an ADR Practice,” American Bar Association Mid-Year Meeting, Boston, 2009
- “Building Codes in Massachusetts,” Lorman Education Services, Peabody, MA, 2006
- Discovery Issues in Arbitration/The Superadio Case, Boston Bar Association, Boston, MA, 2005
- ADR Practice, World of Law Series, Harvard Law School, Cambridge, MA, 2004
- Chair and Lecturer, “Commercial Arbitration Strategies,” Boston Bar Association CLE, Boston, MA, 2004
- Chair and Lecturer, “Effective Construction Arbitration Advocacy,” Massachusetts Bar Association CLE, Boston, MA, 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, MA, 1999
Please contact Ms. Cushner at her email address 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, train travel, hotel accommodations and meals costs and travel time per hour if beyond two hours a day. Cancellation/postponement fee of $750.00 per day if ten business days or less notice is given.
References Furnished on Request