For 30 years, I helped judges decide cases.
I will decide your case like a court would without the delay and expense!

Biography

I was a judicial law clerk for the New York State Court System for 30 years, negotiating and successfully settling cases, and drafting decisions on motions in thousands of commercial, consumer and personal-injury cases. Prior to that, I had been an attorney in private litigation practice.I haveover 200 hours of mediation training, both in New York and Florida. As a mediator, I have a facilitative style, in which I listen actively, I maintain an empathetic tone towards the parties. I ask probing, open-ended questions, and I try to lead them towards a consensus. I help them identify and …

Publications

I am a prolific scholarly author of publications on the subject to alternative dispute resolution in the domestic and international arenas. I do not write the sellf-promotive “fluff” pieces that other authors publish in bar association journals. I write well-researched pieces that are pubished in industry reviews and journals. My recent publications include the following: 

  • A Proposal to Establish an International Commercial Arbitration Ethics Panel and Hotline to Resolve Disclosure and Conflicts Issues, Volume 24, 2, Cardozo Journal of Conflict Resolution (Spring 2023).

Presentations

I appear on panels to train others in the crafts of mediation and arbitration. These are learning experiences that teach those who are prospective mediators and arbitrators and those who are already engaged in the profession. I share techniques and tips on how to conduct mediations and arbitrations. A partial list of my recent appearances is contained below:

In choosing a mediator, you need an empathetic person who will assist the parties in reaching a solution to their problems by listening and suggesting creative solutions.

You need someone serious, well-trained, and well-prepared.

In choosing an arbitrator, you need a person who listens, and will resolve the case like a judge would, without the expense and delays of litigation.

You need someone serious, well-trained, and well-prepared.

Nelson Edward Timken , J.D., LL.M Meeting

Bio of Nelson E. Timken

I was a judicial law clerk for the New York State Court System for 30 years, negotiating and successfully settling cases, and drafting decisions on motions in thousands of commercial, consumer and personal-injury cases. Prior to that, I had been an attorney in private litigation practice.

I haveover 200 hours of mediation training, both in New York and Florida. As a mediator, I have a facilitative style, in which I listen actively, I maintain an empathetic tone towards the parties. I ask probing, open-ended questions, and I try to lead them towards a consensus. I help them identify and understand the best alternatives to a negotiated agreement. I create an atmosphere conducive to settlement by being respectful, patient, calm and persistent; by helping each side effectively, and without hostility, communicate its interests, and range of acceptable outcomes. When needed depending on the desires of the parties, I can use my litigation experience to help each side better assess the evidentiary and discovery obstacles to success at trial. This makes settlement without trial the more realistic and beneficial alternative. My goal is not to help the parties achieve their preconceived idea of a “good” settlement, but to achieve resolution that is, all things considered, a better alternative than continuing to litigate. By earning the trust of the parties, my goal is to raise the parties’ consciousness of what negotiation strategies are most likely to achieve acceptable responses from the other party and as to what is realistically achievable from the other party at that particular.

I mediate commercial and business disputes, along with consumer and other assorted disputes. I mediate and arbitrate attorney-client fee disputes involving some of New York’s most prestigious law firms.I also mediate client grievances in the First Department for the NYC Bar’s Complaint Mediation Program.I am a member of the FINRA Roster of Mediators.

I arbitrate travel-related claims for a panel in London, UK. While working full-time in the courts, I earned an LLC in International Dispute Resolution from Fordham School of Law. My LLM thesis was published in the Cardozo Journal of Conflict Resolution and reprinted in other international journals. I earned the prestigious title of Fellow of the Chartered Institute of Arbitrators. I currently serve as Co-Chair of the New York County Lawyers Association Alternative Dispute Resolution Committee and as a Director of NYCLA’s Board of Directors.I am also a member of the NY American Inn of Court and Co-Chair of its ADR team. I speak Spanish, some French, and am learning Ukrainian.

Nelson Edward Timken , J.D., LL.M ANNOUNCED AS 2021 BEST MEDIATOR/ARBITRATOR IN NEW JERSEY

In October 2021, the New Jersey Law Journal announced that Theo had been voted as the 2021 Best Mediator/Arbitrator by its readers.

Nelson Edward Timken , J.D., LL.M SPEAKS AT NYSBA LABOR & EMPLOYMENT LAW SECTION FALL MEETING

Theo was a featured presenter at a plenary session entitled “Using Alternative Dispute Resolution to Address Intellectual Property Rights in the Employment Context” at the New York State Bar Association Labor & Employment Law Section Fall Meeting, which took place at the Saratoga Hilton on October 16, 2021.

Nelson Edward Timken , J.D., LL.M SPEAKS AT ABA LABOR & EMPLOYMENT LAW CONFERENCE

Theo will be moderating and speaking on a panel program entitled “Mass Arbitration of Wage Theft Claims: Panacea or Plague?” at the 14th Annual ABA Labor & Employment Law Conference, which is taking place virtually on November 11-13, 2020.

This conference is the largest, most widely attended professional event in labor and employment law in the country. Between 1,100 and 1,200 attorneys attend the conference each year.

Nelson Edward Timken , J.D., LL.M PRESENTED WITH 2020 ADR PRACTITIONER OF THE YEAR AWARD

The New Jersey State Bar Association Dispute Resolution Section has presented Theo with the 2020 James B. Boskey ADR Practitioner of the Year Award.

Theo concentrates his ADR practice on the resolution of commercial, intellectual property, entertainment, technology, and employment disputes. He is a member of Resolute Systems’ Employment and Commercial panels of arbitrators and mediators. He has also been appointed to the commercial and employment rosters of the American Arbitration Association and the CPR Institute, as well as the American Intellectual Property Law Association’s List of Arbitrators and Mediators and the Silicon Valley Arbitration & Mediation Center’s List of the World’s Leading Technology Neutrals. He was inducted into the National Academy of Distinguished Neutrals in 2019. The National Law Journal named him a 2017 ADR Champion.

Theo is also the Immediate Past Chair of the New York State Bar Association Dispute Resolution Section, the President of the Justice Marie L. Garibaldi American Inn of Court for ADR, and the Treasurer of the Copyright Society.

For more information, contact Mike Weinzierl at (800) 776-6060, x125 or mweinzierl@resolutesystems.com.

Nelson Edward Timken , J.D., LL.M NAMED CHAIR OF NY STATE BAR DISPUTE RESOLUTION SECTION

Theo Cheng became the new Chair of the New York State Bar Association’s Dispute Resolution Section effective June 1, 2019. With a membership of nearly 1,500 attorneys across New York State, the Section is an active participant in the ADR field. Among its many activities, the Section hosts substantive training programs in both arbitration and mediation; sponsors numerous ADR-related CLE programs; educates the bench, bar, and the public on ADR issues; and publishes a first-class journal on various dispute resolution topics.

As the first person of color to serve as Chair of this Section, increasing the presence and participation of women and minorities in the ADR field is one of Mr. Cheng’s principal priorities.  Additionally, Mr. Cheng will focus on expanding the reach and brand of the Section by diversifying its leadership structure and activities to include greater geographic diversity across the State, as well as encompass more practice areas where ADR can be utilized.

Mr. Cheng concentrates his ADR practice on on the resolution of commercial, intellectual property, entertainment, technology, and labor/employment disputes. He is a member of Resolute Systems’ Employment and Commercial panels of arbitrators and mediators, the Commercial and Large, Complex Case mediation and arbitration rosters of the American Arbitration Association, the Panel of Distinguished Neutrals of the CPR Institute, a FINRA arbitrator, and an arbitrator and mediator for several federal and state courts. He was also appointed to the Silicon Valley Arbitration & Mediation Center’s List of the World’s Leading Technology Neutrals.

He has conducted over 500 arbitrations and mediations involving commercial and business disputes, breach of contract and negligence actions, trade secret theft, employment discrimination claims, wage-and-hour disputes, and intellectual property infringement contentions. The National Law Journal named him a 2017 ADR Champion.

For more information contact Mike Weinzierl at 800.776.6060, x125 or mweinzierl@resolutesystems.com

 

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