The Weinstein Group - The Team Approach

Judge Daniel Weinstein (Ret.) is one of the preeminent mediators of large, complex and high profile disputes in the United States and Europe. These disputes, by their very definition, involve numerous parties and issues. Managing these multi-faceted cases requires vigilant monitoring and constant attention to details that might otherwise cause delay. In order to deal with the sprawling nature of these matters, Judge Weinstein and the Weinstein Group have pioneered the use of a team approach in complex mediations. Judge Weinstein has led the Weinstein Group, mediating numerous multi-party complex disputes related to Enron, WorldCom, Adelphia, Parmalat, Broadcom, and recent subprime mortgage cases involving ABFS and New Century, as well as many others.

With Judge Weinstein in the lead, The Weinstein Group, like all good teams, is the product of the sum of its parts. Over the last 10 years, Jed Melnick, Lizbeth Hasse and Michelle Yoshida have, under the mentorship of Judge Weinstein developed into trusted and seasoned mediators, each having been a part of many hundreds of complex multi-party mediations with cumulative settlement values in the billions of dollars. The team approach also enables Jed, Lizbeth and Michelle to mediate their own disputes on a regular basis, handling a wide range of cases under the leadership of Judge Weinstein. Recently the team has added Judge Rebecca Westerfield (Ret.), a former trial court judge who is recognized nationally as a leading and respected mediator and arbitrator.

While Judge Weinstein is always available to the parties and intimately involved in every aspect of the case and strategic decision in any mediation, large complex matters call for a level of flexibility and responsiveness that can best be provided by the team approach. This approach gives us expertise in the mediation of a wide range of sophisticated areas of the law, including securities, anti-trust, intellectual property, international, entertainment and insurance law. Whether the Weinstein Group is working with carriers in advance of mediations, flying on a day's notice to Tuscaloosa, Alabama or Missoula, Montana, or overseeing an independent neutral economic evaluation, the members of the team are focused on your matter.

Typically, when a new case comes to the team, Judge Weinstein calendars the matter through his case manager Scott Schreiber and reviews a case description and counsel list. Judge Weinstein then selects and directs a team member to collect information about the case, set a briefing schedule, and talk to the parties to identify any issues that require advance work to ensure that all face-to-face sessions are productive. Judge Weinstein’s direction of pre-mediation efforts often leads to the resolution of issues in advance of the mediation that might otherwise impede progress.

For instance, through advance work it may become clear that the parties are divided by a "battle of the experts" on damages. In that situation, with the permission of the parties, we might consult with a neutral economist for the benefit of the parties. Or, perhaps the parties agree on the "universe" of damages, but a coverage dispute presents an obstacle to settlement. We frequently work with insurers and insured before the mediation to help facilitate an exchange of information, an airing of coverage issues and briefing to the mediators on insurance related issues. The team monitors the informal exchange of documents protected by the confidentiality of the mediation privilege, ensures that necessary parties will be at the table and addresses the concerns of the parties prior to the in-person sessions. Rather than closing a case once an agreement is reached, the team carefully monitors the settlement process to make sure it proceeds smoothly and efficiently. We frequently oversee the drafting and approval process of a settlement to help ensure a strong and lasting agreement.

The Weinstein Group offers the highest level of service and attention to each and every aspect of all matters and prides itself on responsiveness, efficiency and effectiveness. We believe that we set the standard that leads the industry.