A JAMS Q&A Session: Shining the Spotlight on Hon. Stephen E. Neel (Ret.)

What was your legal career before joining JAMS?

Before I joined JAMS in 2011, I worked in my other favorite job, as a justice of the Massachusetts Superior Court. In my last three years on the court, I presided in the Business Litigation Session. As both a trial attorney and judge, I was drawn to complex cases, probably for the same reason that I like novels with complicated plots: I enjoy making sense of interesting and complex human interactions.

How would you describe your ADR style?

My style as an arbitrator and special master(court-appointed neutral) is similar to my style as a judge. While the ability to timely and fairly decide difficult issues is paramount, I think my role also includes collaborating with counsel for both sides where possible; for example, to achieve a case management schedule that accommodates parties and counsel while keeping the case on a clear and efficient track. It’s also important for counsel to have access to me when an urgent matter arises. My case manager knows to alert me when counsel reaches out for assistance so that I can schedule a call or meeting to address the matter quickly.

What practice areas do you most enjoy, and why?

Contract claims and related tort claims present not only an endless variety of interesting issues arising from the words of the contract, but also a window into the business or industry in which that contract, and the parties’ actions around it, arose. One of the joys of my law practice, on the court, and with JAMS, has been learning about the professional pursuits that people engage in—whether they’re in the area of employment, insurance, real estate, manufacturing or startups, to name a few. For similar reasons, I have a special interest in claims of professional liability, whether involving medical, legal, accounting or officer/director conduct.

What traits have contributed to your success as an arbitrator and special master/court-appointed neutral?

I believe I’m a patient person and a good listener, yet decisive when it’s time for a decision. I believe in allowing counsel to try their cases, with appropriate limits that I think counsel have found to be reasonable. It is also important to me, both at a hearing and in considering counsel’s written submissions, to be sure that I fully understand counsel’s arguments before I begin to analyze the issues.

Please describe your experience with virtual or hybrid hearings.

Since the beginning of the pandemic, I have conducted both mediations and arbitrations via videoconference, and I am quite comfortable in that format. Although most hearings I conduct now are in person or hybrid, some are on a platform such as Zoom. I’ve found that hybrid hearings provide flexibility for the parties, witnesses and counsel. The JAMS Boston Resolution Center’s excellent facilities make virtual participation in an in-person hearing seamless. Those facilities allow everyone to see exhibits on large screens in the conference room and remotely. Our staff provides any necessary technical assistance to keep the hearing running smoothly.

What professional accomplishment are you especially proud of?

I have been recognized as a Best Lawyer in Arbitration each year since 2016. Being entrusted to arbitrate a dispute is something I take seriously, especially because, unlike appeals of judges’ decisions, the grounds for appealing an arbitrator’s award are quite narrow. I am honored that lawyers have recognized me as an arbitrator worthy of the Best Lawyer distinction, because it shows the trust that they and their clients place in my ability to manage their arbitration and decide the issues fairly, impartially and efficiently.

What do you like to do in your free time?

I’m a committed amateur pianist, watercolor painter and golfer, with my abilities ranking more or less in that order.