David S. Ross, Esq. is a mediator with JAMS, where he has worked as a neutral for more than 30 years. He has successfully resolved thousands of complex two-party and multi-party cases -- including multiple class actions -- and regularly handles high profile cases involving celebrities, politicians and CEO’s of large corporations. Mr. Ross focuses on discrimination and sexual harassment disputes as well as a wide array of business-related cases. His mediation career has been featured in The New York Law Journal and The National Law Journal. He teaches Basic and Advanced negotiation courses at Columbia University Law School and he recently completed The Negotiation Master Class at Harvard Law School (2018).

David S. Ross, Esq (PDF) - Training/Teaching Bio

ADR Experience and Qualifications

• Significant experience conducting mediations on virtual platforms, including bringing complex, multi-party matters to successful resolution in a fully remote context
• Regularly conducts Virtual Mediation Advocacy trainings, including CLE courses on effectively participating in Zoom mediations, for plaintiff and defense firms across the country
• All types of employment-related cases -- including class actions and FLSA cases -- involving allegations of discrimination based on age, disability, gender, national origin, race, religion and sexual orientation
• Expertise in settling sexual harassment claims
• Experience resolving all types of contractual and commercial matters and construction, franchise, partnership dissolution, and personal injury cases
• Worked with employees and management at several companies, including one of the largest U.S. airlines, to resolve employment-related disputes
• Certified as a mediator by the U.S. District Court for the Southern and Eastern Districts of New York, the U.S. Bankruptcy Court for the Southern District of New York, and the Supreme Court, New York County Commercial Division

Representative Matters

• Business Commercial
• Breach of oral and written contract claims by Managing Director against international investment bank
• High-stakes business dissolution between two medical doctors who conducted medical research studies for major pharmaceutical companies
• Fraud claims brought by former NHL players against several banks and investment advisors
• Dozens of multi-million dollar breach of contract claims by senior executives against investment and commercial banks
• Contract dispute between large U.S. pharmaceutical company and various European and Dutch chemical manufacturers
• Breach of implied and express warranties and breach of oral contract claims by distributor of electrical parts against manufacturer
• Dozens of bonus claims by former brokers, traders and research analysts against most of the major investment banks. For example, Mr. Ross resolved a multi-million dollar bonus claim and breach of implied contract claim brought by a former Director of Investment Banking
• Employment Law
• Retaliation claim by 20-year employee against CEO of international advertising firm
• Claims of hostile work environment and retaliation — including allegations of physical assault and police involvement -- by a part-time employee against a large international retailer
• Settled an eight plaintiff class action involving FLSA, retaliation, hiring of a minor, spread of hours and failure to accommodate claims against a national warehouse chain
• Discrimination and sexual harassment claims brought by former employee against radio and television personality
• Sexual assault and attempted rape charges by female condominium employee against male supervisor and large real estate development company
• FLSA class action involving thousands of plaintiffs against a national retail chain
• Claim by Director of Sales that an AI medical imaging company and its CEO allegedly discriminated against him on the basis of his age and his religion and engaged in retaliatory conduct
• Sexual harassment and retaliation class action brought by hundreds of female employees of an international air carrier
• Allegation of rape by senior executive at large technology company
• Multiple plaintiff action alleging racial profiling against national pharmacy
• Hundreds of gender discrimination and failure to promote claims brought by female brokers, traders, managers, financial advisors and research analysts against most of the major U.S. investment banks
• Multi-plaintiff case alleging sexual harassment, discrimination, unlawful termination against medical doctors at a prestigious university
• Dozens of age discrimination and breach of contract claims against one of the country's largest HMO's
• Partnership dissolution of prominent NY-based law firm
• Sexual harassment claims against president of Fortune 500 company
• Gender discrimination claim by a male employee against a female senior executive at national public relations firm
• Claims by African American security guards against an entertainment conglomerate alleging racial discrimination, hostile work environment and wrongful termination
• Claims by a Hispanic male marketing manager that his male supervisor sexually harassed him and retaliated against him by failing to promote him
• Claim by a female assistant that the CEO of a major insurance carrier retaliated against her and denied her FMLA rights when she refused his sexual advances
• Retaliation and intentional infliction of emotional distress claims brought by an Indian male physician who served as the Director of Clinical Research at a major hospital
• Claim by the manager of a Broadway production company that he was discriminated against because he was a heterosexual male
• Claim by a Christian Caucasian male against a bank that he was discriminated against because of his religion and race
• Age discrimination, ERISA, severance, and libel claims brought by an Executive Vice-President and General Manager of a European bank
• Wrongful termination claim by a female high school teacher against the school superintendent and the school district
• Claim by a Managing Director of an investment bank that he was wrongfully terminated when senior management learned he was HIV positive

Honors, Memberships, and Professional Activities

• Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS
• Adjunct Professor, Columbia University School of Law, 1995-present
• Course Creator and Instructor, Basic Negotiation Skills and Theory
• Course Creator and Instructor, Advanced Negotiation Skills
• Author, “From Eye-Rolls to Grimaces: Understanding Body Language in Virtual Mediations,” International Law Quarterly, Winter 2021
• Author, "Mind of the Master Mediator," JAMS ADR Blog, 2020
• Inaugural Chair / Facilitator, Rainforest Alliance Honoree Program (2016)
• Panelist, NYU Law School / ABA Mediation Week (2015)
• Panelist, Workshop on Employment Law for Federal Judges (2008)
• Mediation Trainer, Bar Association of the City of New York; Cornell University School of Labor/Industrial Relations, U.S. Attorney General
• Editor of a leading negotiation textbook Beyond Winning: Negotiating to Create Value in Deals and Disputes (Harvard University Press, 2005)
• Co-Chair, Employment Dispute Resolution Systems, NYU Law School
• Former Member, National Mediation Panels: Merrill Lynch, NASD, AIG
• Conducts seminars on mediation advocacy & ethics, and negotiation
• Guest speaker on mediation at ABA Conferences, NYU School of Law, Brooklyn Law School, The Practicing Law Institute, and The American Corporate Counsel Association
• Authored articles on ADR, including: "Strategic Considerations in Choosing a Mediator" (The Journal of Alternative Dispute Resolution in Employment, Vol. 2, No. 1, Spring 2002); "The Role of Feelings in Mediation" (Dispute Resolution Alert, February 2010); and "Advanced Negotiation Skills for Lawyers" (ABA Press, 2003)
• Board of Trustees, The Rainforest Alliance
• Board of Directors, Friends of Facing History, Inc.
• Founder, Honors Mentoring Program, The Facing History School
• President’s Leadership Council, Search for Common Ground
• Development Committee, Trinity School
• Convergence Leadership Council (a non-profit that solves social challenges through collaboration)

Background and Education

• Prior to joining JAMS, Mr. Ross practiced in the litigation department at Cravath, Swaine and Moore
• LL.M., Alternative Dispute Resolution, Columbia Univ. Law School (1993)
• J.D., New York University Law School, 1989
• Moot Court Board
• Teaching Assistant, Criminal Law
• B.A., with honors, University of Virginia, 1986
  • Visiting Scholar, Cambridge University, England (1985-1986)