Hon. Stephen E. Neel (Ret.) has extensive experience resolving a wide spectrum of complex civil litigation having served 18 years as a trial judge on the Massachusetts Superior Court and 19 years as a trial attorney in private practice concentrating in complex civil litigation. He was appointed to the Massachusetts Superior Court in 1992 and presided in the Business Litigation Session from 2008 to 2010. Moreover, Judge Neel served on the Supreme Judicial Court’s Standing Committee on Dispute Resolution and chaired the Superior Court’s Subcommittee on Alternative Dispute Resolution.

While at JAMS, Judge Neel has mediated and arbitrated matters in a variety of complex business and commercial disputes, including: class actions, contracts, employment, insurance, professional liability, securities, tort, and telecommunications.

ADR Experience and Qualifications

• Served on the Supreme Judicial Court's Standing Committee on Dispute Resolution
• Chaired Superior Court's Subcommittee on Alternative Dispute Resolution
• Presided in the successful Business Litigation Session (the "BLS") of the Massachusetts Superior Court from 2008 to 2010, resolving complex litigation including:
  • Business torts
  • Corporate governance
  • Employment agreements
  • Insurance
  • Intellectual property 
  • Negligence
  • Product liability
  • Professional liability
  • Securities transactions and shareholder claims
  • U.C.C.
  • Unfair trade practices
• Served for five years as Regional Administrative Justice for Civil Business for Middlesex County
• Handled and resolved complex civil litigation, including securities, broker-dealer, and products liability cases, as a trial partner at Goodwin, Procter and Hoar and Herrick & Smith in Boston
• Available to resolve disputes remotely through a number of videoconferencing options

Representative Matters

• Business Commercial
• Arbitrated to award dispute over interpretation of LLC operating agreement
• Dissolution of limited partnership and LLC entities
• Consumer fraud involving brokerage firm
• Claim by bank for breach of assignment agreement and violation of U.C.C.
• Close corporation shareholder freeze-out
• Class Action & Mass Tort
• Adjudicated class action against pharmaceutical company alleging false marketing
• Adjudicated class action against smokeless tobacco producers
• Adjudicated class action against automobile insurers seeking post-award interest on arbitration awards
• Mediated settlement of class action by borrowers against bank
• Employment Law
• Arbitrated wrongful termination claims based on violation of public policy
• Decided claims against departing employees for breach of restrictive covenants and theft of trade secrets
• Settled claims based on, gender, military service, disability, hostile work environment, public policy and claims of retaliation
• Decided claim for termination without cause and breach of Supplemental Executive Retirement Plan
• Insurance
• Chaired tripartite arbitration panel in claim by insured against excess carrier
• Arbitrated dispute over allocation of insurance proceeds
• Decided interpretation of policy exclusions and coverage provisions in claims alleging environmental contamination, asbestos/chemical personal injury, and construction accident
• Successfully mediated class action against insurer for payment of post-arbitration award interest
• Mediated and settled coverage claim under accidental death/disability policy
• Professional Liability
• Arbitrated or mediated multiple medical malpractice/wrongful death matters
• Decided claims of legal malpractice, fraud on court by law firm 
• Alleged negligence/breach of contract by architect
• Claims for breach of duty by officers, directors
• Securities
• Action to enjoin shareholder vote on merger because of alleged undervaluing of shares
• Claim under Uniform Securities Act for alleged material misrepresentations in solicitation by hedge fund
• Action to enjoin corporate acquisition because of alleged material omissions in proxy statement
• Derivative action against bank arising from crash of mortgage-backed securities market
• Mediated and settled class action claiming aiding and abetting fraud in sale of securities

Honors, Memberships, and Professional Activities

• Recognized as Best Lawyers' Boston "Lawyer of the Year" for Mediation, 2024
• Recognized by Best Lawyers as one of the Best Lawyers in America for his work in the practice area of Arbitration, 2016-2024
• Liberty Bell Award, Middlesex Bar Association, 1999
• Chairman, Massachusetts Commission on Judicial Conduct, 2009-2010 (Member, 2004–2010)
• Chair, Superior Court’s ad hoc Civil Steering Committee (developed, implemented Superior Court’s Firm/Fair Trial Date Initiative), 2004-2008
• Chair, Superior Court’s Civil Committee, 2005-2007
• Member, Supreme Judicial Court’s Standing Committee on Dispute Resolution, 2002-2004
• Chair, Superior Court’s Subcommittee on Alternative Dispute Resolution, 2001-2004
• Faculty member (“The Interaction Between the Superior Court and the Mediation Process”), Massachusetts Continuing Legal Education, Inc.’s Civil Mediation Workshop, 2007
• Judicial Chair, Massachusetts Bar Association’s Superior Court Practice Bench-Bar Committee, 2002-2004
• Team Leader and Lecturer, Massachusetts Continuing Legal Education, Inc.’s Trial Advocacy Workshop, 2003
• Co-Chair, Flaschner Judicial Institute’s Science and Technology Curriculum Advisory Board, 2000-2003
• Member, Watertown, Massachusetts Zoning Board of Appeals, 1983-1992

Publications

• Co-Author, “Continuity and Change in the Business Litigation Session,” Boston Bar Journal, 2008
• Author, “The Role of the Commission on Judicial Conduct in Judicial Discipline and Enhancement,” Boston Bar Journal, 2005
• Judicial Commentator, Massachusetts Superior Court Civil Practice Manual, MCLE, 1997

Background and Education

• Judge, Massachusetts Superior Court, 1992-2011
  • Associate Justice, 1992-2011
  • Regional Administrative Justice for Civil Business for Middlesex County, 1998-1999, 2001-2004
• Partner, Goodwin, Procter & Hoar, Boston, MA, 1986-1992
• Partner, Herrick & Smith, Boston, MA, 1981-1986; Associate 1973-1980
• Trial Lawyer concentrating in complex civil litigation, including securities, broker-dealer, and products liability cases
• J.D., Harvard Law School, 1973
• B.A., cum laude, Amherst College, 1969