Stacey L. Cushner, Esq.

Founder and President of BCK Dispute Resolution Services, Inc.

Stacey L. Cushner is Of Counsel to BCK Law, P.C.  and the founder and President of BCK Dispute Resolution Services, Inc. Ms. Cushner has recently been appointed to the Dispute Resolution Board Foundation’s (DRBF) Region 1 Board of Directors, effective October, 2023 (for the USA, Canada, and the Caribbean). The DRBF is a non-profit worldwide organization that promotes the avoidance and resolution of disputes using proven dispute board techniques and methods, delivering significant savings on large infrastructure projects. Ms. Cushner has also been appointed to the International Institute for Conflict Prevention and Resolution’s Construction Advisory Alliance based in New York City.

Ms. Cushner has over thirty-eight years of experience as a construction, employment and contract attorney and over twenty-eight years experience as an arbitrator/mediator in these fields.  She has represented owners, developers, public agencies, general contractors, sureties, architects, subcontractors and suppliers in projects ranging up to $4.5 billion. 

She has arbitrated over 565 cases, chairing the vast majority of the large, complex cases that she sits on. She is also a Dispute Review Board Chair/Member on billion dollar construction projects situated in New England and New York City.  In addition to her recent appointment, Ms. Cushner is a contributor to the efforts of the DRBF which promotes the avoidance of disputes for large, infrastructure tunnel, airport, transit, demolition, heavy bridge and highway, and other projects.  She is an editor on the DRBF’s Publications Committee worldwide. She is a former Assistant Attorney General and Special Assistant Attorney General of Massachusetts representing the Commonwealth of Massachusetts in complex construction litigation and was appointed to the American Bar Association’s Forum on the Construction Industry, Steering Committee, Division 6.

Ms. Cushner also has extensive experience in all aspects of employment law representing both public and private employers and employees.  She has authored articles and taught many continuing legal education courses for the American Bar and other bar associations, lectured at Harvard Law School on ADR and has chaired and lectured for programs at Suffolk University Law School.  She was a founding member of the Firm’s predecessor Boston law firm, Bernstein, Cushner & Kimmell, P.C.  She is a cum laude graduate of Brandeis University and obtained her J.D. degree in 1985 from Suffolk University Law School.  She regularly mediates and hears and decides employment cases as an arbitrator.  She has conducted over 225 employment mediations. 

  • Ms. Cushner has worked as an Arbitrator, Mediator, and most recently, as a Dispute Review Board Member with BCK Dispute Resolution Services, Inc. beginning in 1996 up through the present, serving as its President. From 1991 to 2004, she worked as an Attorney, with Bernstein, Cushner & Kimmell, P.C. (now BCK Law, P.C.) and was a partner in that firm for many years; she now serves as Of Counsel to BCK. She also was appointed a Special Assistant Attorney General/Assistant Attorney General, Office of the Attorney General for Massachusetts from 1988-1990. She was also an Associate with Parkhurst, Levy, Halperin & Harris in 1988 and an Associate at Murphy, Lamere & Murphy from 1985-1988.

  • Ms. Cushner has served as an arbitrator in over 560 cases, has mediated over 220 cases, and currently serves on Dispute Resolution Boards on railroad/transit projects and demolition projects with project budgets in excess of one billion dollars. She is chosen as chair of large, complex arbitration panels in 90 percent of the cases she sits on.

    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) large construction project involving top tier real estate and luxury brands, dispute over build-outs and lost income, $100 million dollars in controversy; 2) an approximate $30 million dollar dispute between a subcontractor and a general contractor for non-payment in building two power plants; 3) a bridge and highway dispute with $10 million in controversy; 4) dispute over big box store construction project with water infiltration issues, $9 million in dispute; 5) $5 million dollar dispute between an owner and a design professional concerning the redesign of a condominium complex due to water infiltration issues; 6) 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; 7) 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 8) a $2.5 million dollar dispute between a subcontractor, a general contractor and a surety over non-payment for public high school construction. 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, public schools, railroad equipment and railroad work, municipal, state and federal buildings, college facilities, an electric generating plant, home improvement/residential projects, and a cogeneration repowering project. Have also served as an emergency arbitrator and 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, disability, 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, retaliation claims, sexual harassment claims, wrongful termination claims, breach of contract claims, and proprietary rights claims.

    Other

    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

    Boston Northeast DRBF Regional Conference, 2023; DRB International Conference, London, 2022; DRBF 25th Annual Conference and Workshops, 2021; Overview of Dispute Boards 2021; Reviewer of Pilot Program for the DRBF entitled “DRBF Training Course for Attorneys and In-House Counsel;” 2021; DRBF Connections Meeting and Workshop, 2020; DRBF Training Course on Administration and Practice: Chairing a DRB, 2020

    Arbitration and Mediation Training

    AAA Employment Arbitrator Update, 2023; Panelist Safety and Security, AAA 2023; Process Essentials for AAA Arbitrators, 2022; AAA Impartiality: Do You Know Where Your Biases Are?, 2021; AAA Cyber Security in Arbitration, 2020; AAA Case Finances for Arbitration, 2019; Does the FAA Preempt State Laws Banning Mandatory Arbitration of Sexual Harassment Claims? 2019; AAA Arbitrator Performance and Demeanor, 2018; AAA 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.; 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; AAA Maximizing Efficiency & Economy in Arbitration, RI; 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. Member of the American Bar Association and the Dispute Resolution Board Foundation.

    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.

    • How to Manage Large, Complex Construction Hearings, creator and speaker, International Institute for Conflict Prevention and Resolution, 2024

    • CPR’s New Dispute Prevention and Management Board Rules - Panel Training - trainer and speaker, International Institute for Conflict Prevention and Resolution, 2024

    • Preventing Ethical Problems while Serving on a DRB, creator and speaker at DRBF Boston Northeast Regional Conference, 2023

    • Women’s DRBF Leadership Webinar Series: How to Get on Dispute Review Boards/Dispute Boards, DRBF webinar, creator and speaker, 2022.

    • Dispute Resolution Board Foundation’s 25th Annual Conference, “Regular DRB Meetings- Virtual or In-Person? The Importance of Being Proactive,” Speaker, 2021

    • 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, (published by 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