Robin H. Gise, Esq. is a skilled mediator and arbitrator with extensive experience resolving complex employment and labor disputes, business/commercial, insurance, personal injury and public accessibility matters. She is known for her tenacity, empathy, patience and well-honed communication skills. Ms. Gise is also available to provide unbiased, confidential evaluations via neutral analysis and neutral facilitation.

Ms. Gise has handled virtually every type of labor and employment dispute, including discrimination claims (age, gender, race, religion, national origin, disability, sexual orientation, and pregnancy), hostile work environment, sexual harassment, wrongful termination and retaliation, whistleblower claims, non-compete agreements, executive compensation, and FLSA/wage and hour claims, as well as class and collective actions. She is also a member of the JAMS Title IX panel.

Ms. Gise is a sought-after writer and speaker in the ADR field. Her writings have been published in the New York Law Journal, Bloomberg BNA, the ABA Dispute Resolution Magazine, and many other publications. She is a frequent contributor to the JAMS ADR Insights blog. Previous speaking engagements include presentations at the ABA Section of Litigation, the New York City Bar Association, the Federal Bar Association, and the Practicing Law Institute. Ms. Gise serves on the Advisory Council for the Eastern District of New York ADR Program and has mentored many new mediators. Ms. Gise is an Adjunct Professor of Law at Cardozo Law School and teaches Negotiation Theory & Skills.

ADR Experience and Qualifications

• Business/Commercial: Breach of contract, fee disputes, partnership disputes and dissolutions in a variety of industries including financial services, manufacturing, technology, and entertainment
• Employment: Individual and multi-party claims of discrimination (race, gender, age, disability, national origin, and sexual orientation and gender identity), Pregnancy Discrimination Act (PDA), ADA failure to accommodate, retaliation and harassment, whistleblower claims, Family and Medical Leave Act (FMLA), executive compensation (bonuses, commissions, severance, equity valuation), wage and hour and Fair Labor Standards Act (FLSA) individual, class and collective actions (overtime, unlawful deductions, exemptions, off the clock, tip misappropriation, fluctuating work week) and non-compete and non-solicitation agreements
• Insurance: Complex coverage claims, claims under Directors & Officers (D&O) and other types of policies including Errors & Omissions (E&O), Commercial General Liability, excess coverage, and matters involving multiple insurance towers; claims by home and business owners for damage resulting from Storm Sandy
• Personal Injury: Asbestos claims pursuant to bankruptcy-court approved settlement trust procedures; wrongful death, assault, sexual assault, false imprisonment, injury from Legionella’s disease in apartment building, and product liability claims

Representative Matters

• Business Commercial
• Mediated dispute between high-end health food chain and an advertising firm over whether firm fulfilled its contractual obligations
• Mediated highly contentious dissolution of a family-held real estate business
• Arbitrated fee dispute between public relations firm and client involving issues of contract formation
• Arbitrated dispute involving commercial solar panel installation
• Arbitrated dispute involving purchase and sale of interests in development of housing project
• Served as Panel Chair in arbitration of highly contentious partnership dispute involving an 18-year relationship between software company executives (case settled just prior to the hearing)
• Employment

Ms. Gise has mediated and arbitrated hundreds of employment disputes involving Fortune 500 companies, government agencies, and small to mid-sized businesses in a wide range of industries including education, fashion, financial services, not-for-profit, retail and technology. Select examples include:

• Employment Discrimination
• Mediated whistleblower retaliation claim against major pharmaceutical company involving allegations of Medicare and insurance fraud
• Mediated sexual harassment and sexual assault claims occurring over many years brought by employee of software company against company executive
• Mediated age discrimination claims of several long-time employees of accounting firm who alleged they were misclassified as independent contractors and replaced by younger employees hired into newly created positions
• Mediated class action against well-known delivery service involving allegations of discrimination on the basis of past criminal history
• Mediated race discrimination claim brought by diversity and inclusion executive of major banking institution
• Mediated disability discrimination claim arising from non-profit executive's concerns about COVID-19 vaccination.
• Mediated claims concerning requests for accommodation related to COVID-19 by employee with respiratory issues who requested to work from home
• Mediated disability discrimination and failure to accommodate claims brought by junior associate at major consulting firm with ADHD, anxiety and depression
• Mediated whistleblower and retaliation claims brought by board member of non-for-profit foundation who complained about improper financial practices
• Served as arbitrator in highly contentious pregnancy, gender discrimination and retaliation claims brought by executive against digital advertising company (case settled just prior to the hearing)
• FLSA/Wage and Hour
• Mediated and co-mediated numerous overtime and misclassification claims, including claims brought by insurance claims managers, shipping company service managers, financial portfolio managers, field technicians, and tennis professionals 
• Mediated numerous overtime and minimum wage claims brought by hourly employees including claims brought by car dispatchers, building workers, and restaurant employees (including tip misappropriation), home care attendants (including 24-hour care rule), and nail salon technicians
• Breach of Employment Contract
  • Arbitrated multi-million-dollar compensation dispute between executive and family-held conglomerate arising from the sale of a portion of the business
  • Mediated dispute between financial analyst and bank concerning analyst’s termination, including allegations that analyst breached the bank’s employment policies with defamatory statements
  • Arbitrated dispute between sales employee and seller of financial software over calculation of commission payments
  • Mediated claim by financial analyst seeking to expunge defamatory material from U-5 termination notice
  • Arbitrated claw back claim between real estate broker and prominent brokerage firm seeking funds from departing broker
  • Arbitrated breach of employment contract claim brought by executive of a major hotel chain challenging a termination for cause
  • Arbitrated hundreds of labor-management disputes, including contract interpretation questions and grievances, in the education, healthcare and transportation industries, and in municipal workforces
• Higher Education & Title IX
• Selected to serve on the Title IX panel of a prestigious University to adjudicate sexual assault, sexual abuse and sexual harassment claims
• Served as hearing officer in appeal of sexual assault case involving multiple complainants and respondents
• Mediated sexual assault claim brought by college athlete against university for conduct occurring on a bus to a tournament
• Insurance
• Mediated complex D&O coverage claim by former officer of sports federation charged with various financial crimes including money laundering
• Mediated complex coverage claim involving falsification of life insurance application
• Mediated numerous insurance coverage disputes involving claims for property damage and business interruption brought by home and business owners affected by Storm Sandy, including claims for damage caused by flood, wind, water, and mold
• Public Accessibility
• Mediated claims seeking ADA compliance for wheelchair accessibility against well-known supermarket chain
• Mediated claims of disability discrimination against several municipalities brought by deaf individual during arrest and detention for failure to provide sign language interpreters
• Mediated dispute between wheelchair-bound tenant and co-op board over accessibility of the building’s common areas
• Mediated ADA claim by wheelchair-bound patient who alleged that she was refused treatment by oral surgery practice

Honors, Memberships, and Professional Activities

• Interviewee, “My Story” Featuring Robin H. Gise, Esq. An interview with Ms. Gise about her journey to becoming a neutral as part of an initiative of JAMS Diversity, Equity and Inclusion, July 2022
• Author, “Reasonable Accommodations for Mental Health in the Time of COVID,” The American Lawyer, May 2022
• Author, “And Just Like That . . . I Mediated in Person: My Journey Back to the Office,” ABA Dispute Resolution Magazine, March 2022
• Author, “Omicron and Ongoing Pandemic: Accepting the Virtual Future of ADR,” JAMS ADR Insights, Dec. 2021
• Interviewee, "Spotlight On Higher Education: Robin H. Gise, Esq.," JAMS Higher Education Insights, July 1, 2021
• Author, "Behind the Screens: Challenges for Working Mothers During the Pandemic and the Impact on ADR," JAMS ADR Insights, March 8, 2021
• Author, "Effective Virtual Mediation: 10 Lessons After 10 Months," JAMS ADR Insights, February 4, 2021
• Interviewee, "Q&A with Robin H. Gise, Esq.," JAMS ADR Insights, August 2020
• Author, "Effective Mediation by Videoconference: A Neutral’s Use of Zoom During the Coronavirus (COVID-19) Crisis," JAMS ADR Insights, April 2, 2020
• Author, “Employment Mediation: Special Considerations When the Employee is Staying on the Job,” New York Law Journal, July 17, 2017
• Author, “Best Practices for Advocates in Wage and Hour Mediation,” JAMS Employment Matters, Summer 2017
• Commentator, "The Next Generation of Neutrals," Bloomberg BNA, August 13, 2016
• Author, "Maximizing Your Client's Effectiveness In Mediation," New York Law Journal, March 28, 2016
• Author, "Joint Sessions in Employment Cases: Should Parties Make Opening Statements?," JAMS Employment Matters, Vol. II, Fall 2015
• Co-Author with R. Wayne Thorpe and Michael Young: "Talking Across Generations: Mediation and Mentoring", ABA Dispute Resolution Magazine, Spring 2015
• Co-Author with Jed D. Melnick, Vivien B. Shelanski, and John Wilkinson: "Mediation Starts From the First Phone Call - Practice Pointers and Helpful Hints for Lawyers Going to Mediation," Cardozo Journal of Conflict Resolution, Vol. 11, No. 2 (2010)

Background and Education

• Mediator and Arbitrator, JAMS, 2015-present
• Independent Mediator and Arbitrator, 2009-2015
• Litigation Attorney, Cohen, Weiss and Simon LLP, 2002-2009; Kaiser, Saurborn & Mair, P.C., 2000-2002
• J.D., Dean’s List, Fordham University School of Law, 2000
• B.A., Oberlin College, 1994