Carol A. Wittenberg is a widely respected and nationally-known mediator and arbitrator with a distinguished career that has spanned over forty years. She joined JAMS when the dispute resolution firm she co-founded, ADR Associates, merged with JAMS in 2004. 

Ms. Wittenberg is a Mediator, Arbitrator, and Special Master who has resolved hundreds of single- and multi-party and class action employment matters. She has been involved in a plethora of highly-publicized and high-stakes disputes but brings the same level of dedication and commitment to all her proceedings. Among the disputes she has handled are those involving federal, state, and local law discrimination claims (age, gender, race, religion, national origin, pregnancy, disability/reasonable accommodation, and sexual orientation), as well as matters involving hostile work environments, sexual assault, sexual harassment, retaliation, executive compensation, non-complete agreements, whistleblower allegations, wrongful termination, and Fair Labor Standard Act and wage and hour claims. 

She also possesses considerable experience resolving emotionally charged and sensitive sexual assault matters which arise in the context of New York Adult Survivors Act and New York Child Victims Act cases, among others.

Ms. Wittenberg brings an extraordinary depth of substantive knowledge to the resolution of disputes in a wide range of industries including the financial services, banking, accounting, and legal realms, as well as the sports, entertainment, television, music, radio, newspaper, hospitality, fashion/couture, technology, cybersecurity, and pharmaceutical/health care arenas. 

Her ability to resolve complex disputes between deeply entrenched parties has garnered her a stellar reputation as a Mediator and Arbitrator whose services are in frequent demand by parties and counsel for whom she has resolved disputes in the past. She is compassionate and fair, but direct in her dealings with parties, earning her the respect and trust of all involved. Her open-minded approach allows her to diffuse problems efficiently. She employs techniques that guide parties through complex issues, allowing her to get to the core of the dispute and reach resolution. Ms. Wittenberg is particularly renowned for helping navigate parties through the contentious landscape that often permeates employment disputes. 

Ms. Wittenberg has arbitrated hundreds of labor disputes and numerous employment disputes under the rules of JAMS, the American Arbitration Association, CPR Dispute Resolution, and other internal programs established by other ADR organizations.

ADR Experience and Qualifications

• Serves as a Mediator, Arbitrator, and Special Master
• Possesses significant experience mediating and arbitrating a vast array of employment-, sports- and sexual assault matters across multiple industries

Representative Matters

• Employment Law
Breach of Contract
• Mediated a variety of breach of contract cases brought by senior executives in the financial services industry
• Mediated dispute against major consulting firm involving allegations that partner was fraudulently induced to join the company on the expectation that the company would be proceeding with a full-scale expansion of one of its departments
• Mediated dispute involving breach of implied covenant of good faith and fair dealing in connection with certain inventions submitted by claimant to medical device company
• Mediated dispute involving proposed class action against hotel for alleged breach of contracts relating to unpaid severance agreements
• Mediated/Arbitrated dispute involving alleged breach of agreement relating to payments due to the host of a weekly sports show 
Discrimination

• Age Discrimination
• Mediated hundreds of age discrimination cases alleging violations of federal (Age Discrimination in Employment Act (ADEA), Title VII) and related state and local laws  
• Mediated with the Equal Employment Opportunity Commission (EEOC) a threatened ADEA class action involving allegation of age discrimination against a national computer company 
• Mediated dispute involving allegations by 81-year-old claimant against a leading global investment bank that his termination violated federal, state, and local age discrimination statutes 
• Mediated dispute involving allegations that insurance company discriminated against a 50-year-old African-American female executive by subjecting her to discrimination involving pay and promotions based on her age, race, and gender and that she was retaliated against after she complained to the EEOC  
• Mediated matter involving claims by 62-year-old teacher with a lengthy tenure at a private school who alleged she was terminated because of her age and replaced by someone twenty years her junior who allegedly was not qualified to be a full-time teacher 
• Mediated matter involving allegations by employee of an information technology company that he and a 61-year-old subordinate were terminated and retaliated against when claimant protested about CEO’s alleged directive to subordinate to “stop hiring old farts” 
• Mediated claims by highly-compensated 43-year-old against well-known asset management firm alleging that she was subjected to a hostile work environment, retaliated against, and terminated because of her age and gender 
• Mediated dispute involving allegations of high-level executive of global financial services firm that he was discriminated against and terminated due to his age, that company failed to pay him his bonus compensation, and that company timed his termination in order to avoid the payment of benefits due him pursuant to an ERISA and pension plan in which he was due to vest less than one month from the date of his termination 
• Disability Discrimination
• Mediated dispute involving Americans with Disabilities Act (ADA) allegations against cybersecurity company that allegedly fired claimant due to a mental health related medical leave that was allegedly caused by the company’s hostile work environment 
• Mediated ADA matter involving healthcare company employee who alleged that company denied her request for a reasonable accommodation and eventually fired her due to a pregnancy related disability 
• Mediated ADA dispute involving allegations against religious organization that allegedly discriminated against employee by terminating her in retaliation for requesting a leave to deal with an anxiety-related disability 
• Mediated dispute involving claim of warehouse director who alleged that cosmetics company terminated him and failed to reasonably accommodate his spinal disability 
• Mediated ADA dispute involving allegations of a registered medical user of marijuana (in possession of a medical marijuana registry card), whose offer of employment was withdrawn after testing positive for THC 
• Gender Discrimination
• Mediated multi-plaintiff cases by female managers alleging gender discrimination and failure to promote in the financial services industry
• Mediated several disputes involving alleged workplace discrimination against transgender individuals  
• Mediated alleged discrimination claims in dispute brought by multiple female newscasters against a major local media company
• Mediated dispute against a major local media company on-air talent and producers involving alleged gender discrimination and hostile work environment claims 
• Mediated dispute involving allegations against a not-for-profit advocacy group that allegedly terminated an employee because she was engaged to be married to an individual with whom the advocacy group did not wish to be associated 
• Mediated numerous disputes across various industries (e.g., financial services, legal, executive search, couture, urgent care, restaurant/catering, office-sharing companies) involving allegations of pregnancy discrimination and retaliation in violation of the Family Medical Leave Act (FMLA) and/or various state and local laws 
• Mediated disputes involving allegations that claimants were discriminated against based on their caregiver status 
• Mediated dispute involving alleged application of unlawful parental leave policy applied to law firm employee 
• Allocated proceeds of class actions and putative class action settlements in the pharmaceutical industry in matters involving allegations of either gender or race discrimination
• Allocated funds resulting from a mediated settlement of a putative class action involving allegations of gender discrimination by a medical equipment company 
• Evaluated independent claims in settlement of alleged discrimination in Bellifemine et al. v. Sanofi-Aventis, a matter involving the claims of a nationwide class of female sales force employees
• Arbitrated several gender discrimination claims alleged by financial advisors against investment banks
• Arbitrated alleged failure to promote on the basis of gender cases following settlement of class action in Ellis v. Costco Wholesale Corp.
• Race Discrimination
• Interviewed and allocated settlement fund among various plaintiffs in McReynolds v. Merrill Lynch, a class action involving alleged claims of race discrimination
• Mediated cases of race discrimination, gender discrimination and sexual harassment alleged against several national and major league sports organizations
• Mediated disputes involving discrimination and retaliation claims based on religion and/or national origin against various companies including law firms and banks 
• Mediated dispute involving allegations that major investment banking firm denied account redistributions, team assignments, and other business opportunities on the basis of claimants’ race 
• Mediated dispute involving allegations against major consulting firm that African-American claimant was discriminated and retaliated against by several individuals 
• Mediated dispute between Latina employee and multinational appliance and consumer electronics corporation involving allegations that she was discriminated and retaliated against, and constructively discharged, due to her gender and ethnicity 
• Arbitrated a number of discipline and failure to promote matters in a class action involving allegations of race discrimination
• Served as court appointed Settlement Arbitrator in Robinson v. Metro North Railroad, a class action settlement of allegations of race discrimination 
• National Origin & Religion Discrimination
• Mediated dispute involving allegations that marketing analytics platform primarily targeted women, Jewish employees, and parents of newborns or expecting parents, when laying off workers  
• Mediated dispute involving allegations by senior executive of major bank who alleged that he was not promoted and had been discriminated against due to his national origin and religion (Muslim) 
• Mediated dispute involving allegations that server at restaurant was terminated due to his religion and national origin 
• Mediated matter brought against a United States-based pay television news station which allegedly discriminated against claimant based on her race, ethnicity, national origin and religion 
• Sexual Orientation Discrimination
• Mediated numerous disputes involving allegations that employees were discriminated against based on their actual and/or perceived sexual orientation 
• Mediated dispute involving allegations by employee of couture company that he was discriminated against on the basis of, among other things, his status as a heterosexual male 
• Mediated dispute involving allegations that attorney was subjected to anti-gay hostile environment at law firm and that firm did not institute effective remedial measures in connection with the same
Executive Compensation Claims

• Mediated severance and bonus claims involving high-level executives in investment banking firms 
• Mediated dispute between former Managing Director and investment banking firm involving deferred compensation and bonus allegedly owed to claimant 
• Mediated dispute involving claims by Sales Manager against a renewable energy company that company failed to pay him commissions to which he was entitled 
• Mediated dispute between high-level executive and start up capital management firm involving allegations relating to compensation and profits
• Arbitrated compensation and benefits dispute involving employee who terminated his employment with a consulting firm for “good reason” pursuant to the terms of a written employment agreement   
Non-Compete Agreements
• Mediated dispute against asset management firm involving issue of whether employee’s new job violated terms of non-compete provision in employment agreement
• Mediated dispute involving alleged breach of terms of non-compete and confidentiality agreement provisions by an independent contractor
• Mediated dispute involving consulting firm’s allegations that former employee’s position with new employer was in violation of non-compete clause of the parties’ agreement 
Sexual Harassment/Hostile Work Environment 

• Mediated hundreds of matters involving allegations of sexual harassment against senior executives of large financial institutions and other Fortune 500 companies
• Mediated dispute between cheerleaders and professional sports team involving allegations of exploitation and the violation of privacy rights 
• Mediated dispute involving senior executive of major investment banking firm who shared a sexually explicit video with a work colleague
• Mediated multi-party dispute against major hotel whose employees alleged that they experienced sexual harassment and unlawful retaliation by the hotel’s co-workers, managers, and/or third parties 
• Mediated matter involving allegations of hostile work environment of personal assistant against high-profile music producer and performer 
• Mediated matter involving allegations of sexual harassment by personal assistant against major music and entertainment industry mogul 
Wage and Labor Laws

• Mediated hundreds of Fair Labor Standards Act (FLSA) class and collective actions in a variety of industries, including hospitality, trucking, health care and service industries involving wages, tips, and overtime matters, among others
• Served as court appointed Special Master in Arroyo v. Redeye Grill matter, involving the settlement of a FLSA case
• Arbitrated multiple alleged retaliation and tort claims under several FLSA settlement agreements involving the restaurant industry
• Served as Arbitrator in Mohney v. Shelly’s Prime Steak, a class action FLSA settlement, to resolve retaliation and tort claims
Whistleblowing

• Mediated dispute involving alleged violations of Sarbanes-Oxley Act (SOX) and False Claims Act by technology company accused of engaging in fraudulent billing practices and submitting inaccurate information to the Securities and Exchange Commission and other governmental agencies
• Mediated dispute involving claim that employee was terminated because he reported incidences of “PAYOLA” practices by digital music company 
• Mediated SOX dispute involving employee who claimed that he was fired in retaliation for reporting on several occasions the practices of his pharmaceutical company employer
• Mediated dispute involving attorney allegations that sports team fired him in retaliation for his participation in a sexual harassment investigation and his alleged refusal to falsify corporate filings
• Mediated dispute involving employee of cloud computing platform who alleged and reported violations of the Defense Contractor Whistleblower statute
• Mediated New Jersey Conscientious Employee Protection Act dispute involving allegations of whistleblower retaliation against pharmaceutical company 
• Mediated dispute involving allegations of restaurant bartender that she was terminated after reporting suspicious credit card practices
Wrongful Termination

• Mediated dispute involving allegations against marketing firm that employee was terminated after he complained about a sexual assault that was committed against a female colleague
• Mediated claims involving the non-renewal of a physician’s employment contract with a major New York City hospital for alleged improper conduct and the violation of a patient’s rights by the physician during an emergency room procedure
• Mediated dispute involving allegation against data management firm that employee was terminated in violation of New York Labor Law Section 740 after complaining that firm was grossly non-compliant with various data privacy laws
• Arbitrated alleged wrongful termination and breach of contract matter involving a television personality
• Arbitrated and mediated numerous cases challenging the accuracy of information on Uniform Termination Notice for Securities Industry Registration forms (Form U-5) following termination of executives in financial services industry and defamation claims in connection with the same
• Sexual Assault – Employment & Non-Employment
Employment

• Mediated claims of alleged sexual assault and harassment against a well-known television personality at a national media company
• Mediated matter involving young female associate’s allegations of doping and raping by the president of a large consulting firm
• Mediated dispute against a “Big 4” accounting firm involving sexual assault that allegedly occurred after a work-related dinner 
• Mediated dispute involving former male employee’s allegations that he was sexually harassed and assaulted by the president/chief operating officer of a media company 
• Mediated dispute involving employee’s claim that she was sexually harassed and sexually assaulted by male employees of global financial services firm which contended that it was not liable for the conduct of employees outside of work 
• Mediated dispute involving allegations by domestic worker that she was sexually assaulted by her employer 
• Mediated dispute involving allegations that former employee of major sports holding company was sexually assaulted by her former boss and was forced to continue working directly with the alleged perpetrator after reporting the incident 
• Mediated dispute involving allegation of sexual misconduct, including sexual assault and rape, by male supervisor of media company 
• Mediated claims against a major clothing retailer by a sales associate who alleged that she was sexually harassed, sexually assaulted, and raped by a manager
• Mediated dispute involving allegations against a general contracting company of discrimination and retaliation against alleged victim of first-degree rape 
Non-Employment

• Mediated multiple disputes (including but not limited to New York State Child Victims’ Act claims) involving acts of sexual abuse allegedly perpetrated against students by other students, administrators and/or teachers of private and public schools both on and/or off school premises 
• Mediated several sexual assault disputes arising, inter alia, under the New York Adult Survivors’ Act 
• Mediated several disputes arising under Title IX 
• Mediated dispute between patient and large hospital involving highly-publicized allegations of sexual assault by physician who was later convicted of sexually abusing many of his patients 
• Allocated the proceeds of a settlement fund after interviewing twenty-three female claimants in a dispute involving allegations of sexual assault against a transportation company 
• Entertainment & Sports
• Appointed by Major League Baseball (MLB) and the MLB Players’ Association as the “Fifth Member” of their Drug Joint Treatment Board as well as one of two Alternate Panel Chairs under the parties’ Basic Agreement
• Arbitrated injury and contract disputes involving professional football players under a collective bargaining agreement between the National Football League (NFL) and the NFL Players’ Association
• Arbitrated salary disputes involving professional baseball and hockey players under contracts between MLB and the MLB Players’ Association and the National Hockey League and the NHL Players’ Association
• Mediated dispute between a national sports league and a promoter concerning performance fees
• Mediated alleged breach of contract dispute between a television sports personality and a syndicator

Honors, Memberships, and Professional Activities

• Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS
• Honoree, The Peggy Browning Fund - New York Awards, April 27, 2017
• Member, New York City Board of Collective Bargaining, 2002-2014
• Member, NASD Employment Mediation Panel, since 1997
• Member, National Academy of Arbitrators, since 1987
• Taught courses in mediation, arbitration, and conflict resolution, including "Thesis Alternative: ADR Practicum" for the Baruch College Masters of Industrial Relations Program
• Author and/or Co-author of several articles on mediation and arbitration, including:
• "Unintended Consequences of Virtual Hearings in Employment Mediations,” New York Law Journal, December 22, 2021
• "Role of the Mediator in the Age of #MeToo,” Law360, May 24, 2018
• "Internal Investigations: When to Use an Outside Neutral," 1998
• "Resolving Employment Disputes Through ADR: Matching the Process to the Dispute," presented at Matthew Bender's 1999 New York Employment Law Update
• “Employment Disputes,” Mediating Legal Disputes: Effective Strategies for Lawyers and Mediators, Little Brown & Company, 1996
• "Why Employment Disputes Mediation is on the Rise," Litigation and Technology Management Report, Vol. 2. No. 1, February 1996
• Assistance Acknowledged in:
• “Mediation to Resolve Workplace Disputes: A User’s Guide,” Ruth D. Raisfeld, with input from Margaret L. Shaw, Carol Wittenberg and Susan T. MacKenzie, New York State Bar Association, Dispute Resolution Section, January 2011

Background and Education

• Mediator and Arbitrator, JAMS, Inc., 2004 – present 
• Principal, ADR Associates, LLC, 2000 – 2004
• Principal, Wittenberg & Shaw, LLC, 1995 – 2000 
• M.S., Hunter College
• B.S., Cornell University's New York State School of Industrial & Labor Relations