Michael Jonah Altschuler, AIA, Architecthourly Rate $300 Current Michael J

Michael Jonah Altschuler, AIA, ArchitectHourly Rate $300 Current Michael J. Altschuler, AIA, Architect – Principal Practice 19 Cases 103 Languages English

Current Employer-Title Michael J. Altschuler, AIA, Architect – Principal

Work History Principal, Michael J. Altschuler Architect, 1969 – Present; Project Manager, Davis Brody & Associates Architects, 1966 – 1969; Draftsman and Detailer, Eero Saarinen & Associates Architects, 1964 – 1965; Junior Planner, Greater Bridgeport Regional Planning Association, Summers 1963 – 1959; Architect, Lester Balstad; Mason's Laborer; Morse Landscaping, Gardener.

Experience as a Mediator American Arbitration Association mediation construction panel, 2009 – Present, (28) two-party mediations; New York City School Construction Authority "NYCSCA" Panel of Mediators 1997 – Present, (70) multi-party mediations. NY School Construction Authority.

Representative Issues Handled as a Mediator Contract termination for cause / convenience, standards of care, performance expectations, interpretations of: contract terms and conditions, contract documents, conflicts between plans, specifications, addenda, grey areas of trade jurisdiction in architect's and engineer's drawings, errors and omission, unclear/unsigned and change orders, unknown sub-surface, allowances, shop drawings, change orders, evaluation of: workmanship and conformance to contract documents, billings, overtime calculations, substantial completion claims and remediation costs, culpability for delays / time extensions, staging conflicts and construction scheduling, quantum meruit, fraud, fiduciary responsibility, defects in structural, mechanical, electrical, finish trades and product.

Years of Practice as a Mediator 19

Total Number of Cases Mediated 103

Mediation Philosophy Early in a construction arbitration there are pivotal questions an experienced arbitrator would like to but cannot ask. By contrast, in mediation -- based on the mediation statements and exhibits -- I ask those questions. With permission I follow-up, with counsel and a few key people for a brief discussion. When the major component of the dispute is a construction issue rather than a contract interpretation, I recommend meeting at the construction site with drawings. 80% of my mediation hours are spent clarifying what transpired.

Initially both sides believe they will prevail if the dispute goes to court/arbitration. The question I pose is, will the financial costs, non- productive time, and aggravations justify the possible net outcome for the prevailing party?

My approach during mediation is straightforward. I encourage opposing sides to listen closely because it affords the least expensive discovery and often modifies expectations and demands. The mediation begins with each side presenting its position followed by the opposing side’s questions limited to clarifying what has been presented. Next, I caucus to discuss any modification to positions. When we reconvene, I suggest possible paths to compromise. Then I shuttle-caucus, transmitting settlement offers and options.

If asked to predict the possible outcome of arbitration, I am prepared with an analysis of the strengths and weaknesses of a side’s position, the key witnesses and documents that will be expected, and a spreadsheet of the probable financial costs. I identify variable risks.

Twenty-three years at the AAA has taught me that to reach a settlement I need counsels’ buy in and I work to achieve that.

Confidentiality is absolute in all of the above.

Mediation References Neal Eiseman,Esq. (212) 695-7455, [email protected]; Ira M. Schulman,Esq., (212) 808-2718, [email protected]; Larry F Gainen, Esq, (212)907-9600, [email protected];Vincent G. Riverso,P.E., (914) 723-3474, [email protected]; Michael Szabaga, NYCSchool Construction Authority, (718) 472-8302, [email protected].

Alternative Dispute Resolution Training ACE20 Cyber Security: A Shared Responsibility, 2020; AAA ACE19 Case Finances: What Arbitrators Need to Know, 2019; Arbitrator Performance and Demeanor ~ Meeting Participant Expectations, 2018; AAA 10 Essential Tips to Succeed in ADR, 2017; AAA How to Increase Your Chances of Reaching a Successful Mediation Settlement Agreement, 2016; AAA Enough Already! Striking the Right Balance of Discovery in Arbitration, 2014; AAA The Extent (or Limit) of Mediator Influence, 2013; AAA Advanced Mediator Training Series: The Extent (or Limit) of Mediator Influence to Effect Settlement, 2012; AAA Webinar, Muscular Arbitration Series: Using Mediation Concurrent With Arbitration, 2012; AAA Webinar, Controlling Chaos in Mediation: Navigating the Behavioral Paradigm, 2012; AAA Webinar, Why Construction Mediations Fail: Avoiding Common Mistakes, 2009; AAA Advanced Mediator Training, 2009; The Center for Mediation in Law, Mediation Intensive Training, 2007; AAA Neutrals Conference, 2006, 2005; AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics ACE05, 2005; AAA Dealing with Delay Tactics in Arbitration ACE04, 2005; AAA Minimizing Challenges to Arbitration Awards Seminar, 2002; AAA Mock Mediation, 2001; AAA Construction Arbitrator II Training: Advanced Case Management Issues, 2001; AAA Construction Arbitrator Training, 1997; New York School Construction Authority, Mediation Training, 1997

Professional Licenses Registered Architect: New York, New Jersey, Connecticut (retired) Certified, National Council of Architectural Registration Boards.

Professional Associations American Institute of Architects.

Education Yale University (Yale B. Architecture-1965; M. Architecture-1965); Wesleyan University (in collaboration with Yale University, 1960-1963).

Awards and Honors Profile, Michael J. Altschuler, "NYC Newsday," April 29, 2005; New York Presbyterian Weill Cornell Hospital, 2001-2011. United Hospital Fund Volunteer Achievement Award, 2005; Volunteer of The Year, 2004. NYC Dept. Parks licensed Street Tree Pruner, also Central Park.

Publications and Speaking Engagements Engagements: "Seeing Is Believing," AAA HANDBOOK ON CONSTRUCTION ARBITRATION AND ADR, Chapter 13, Janis Press, 2010; "Weekend Retreats," OCTAGONAL INSPIRATION, Rizzoli Publication, 2009; "Arbitrating Before a Non-Attorney Construction Industry Neutral," DISPUTE RESOLUTION JOURNAL, November 2008/January 2009; "The Classic Box, Well Rounded," NEW YORK TIMES, HOUSE & HOME, July 19, 2007; "Seeing is Believing: The Importance of Site Visits in Arbitrating Construction Disputes," DISPUTE RESOLUTION JOURNAL, August/October 2003; retail store INTERNATIONAL HERALD TRIBUNE, December 1998; furniture designed and crafted by Michael Altschuler in various journals Columbia County NY, winter 1995; Speaker: "Everything you Always Wanted to Know About Arbitration But Were Afraid to Ask," American Institute of Architects New York Chapter, 1995; illustrator, THE INTERIOR DESIGN HANDBOOK, Roundtable Press, 1994; "Bringing Loft Living in a Riverdale Home," RIVERDALE PRESS, April 1990; "Compassionate design-community center," INTERIORS MAGAZINE, December 1989; "residence," GARDEN STATE HOME AND GARDEN, March 1989; THE RECORD, October 1988; STOREFRONTS & FACADES, BOOK 1, 1986; residences for developer, NEW JERSEY MONTHLY, April 1983; BOARD OF EDUCATION NEWS, vol. 2, 1975; ARCHITECTURAL FORUM, May 1973; ARCHITECTURAL RECORD, December 1972, October 1972; ART WORKERS NEWSLETTER, Playground, Vol. 2, no. 8, 1972; "office building," WESTPORT NEWS, June 18,1971; Playground s-DESIGNS FOR PLAY, Van Nostrand-Reinhold, 1970; HOUSE AND GARDEN, May 1969; UNITED NATIONS INTERNATIONAL RECREATION NEWSLETTER, January 1969; NEW YORK NEWS, August 26, 1968; BAUWELT MAGAZINE, July 1968; CHELSEA CLINTON NEWS, January 25, 1973, January 24, 1972, September 1, 1971, June 3, 1971, June 25, 1968, May 23, 1968; COUNCIL FOR PARKS AND PLAYGROUNDS, Fall 1969, Fall, 1967; THE NEW YORK TIMES, July 27, 1976, February 2, 1972, February 2, 1969, May 10, 1967.

Compensation $300 Per Hour

Languages English

Citizenship United States of America

Locale New York, NY

The AAA provides mediators to parties on cases administered by the AAA under AAA mediation procedures. Mediations that proceed without AAA administration are not considered AAA mediations, even where parties select a mediator who is a member of an AAA mediation roster.