Joseph J. Saltarelli
Mediator and Arbitrator
"Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser—in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough."
Abraham Lincoln
About Joe Saltarelli
During his 40 years of practice, Joe represented large and small clients in complex, commercial and civil litigation. He was trial counsel on numerous jury and non-jury trials, arbitrations, and administrative proceedings, and appellate counsel on more than 50 appeals.
Joe has been an active mediator for the past 15 years, and has mediated hundreds of cases, both privately and as a mediator for the United States District Court for the Southern District of New York and the Commercial Division of New York Supreme Court, New York County. He has trained and mentored new mediators and twice served on the Mediator's Advisory Committee of the Southern District of New York. Joe is also an Adjunct Professor of Mediation with the City University of New York School of Law.
Education & Credentials
Bar Admissions
Representative ADR Matters
My Philosophy
Mediation
My mediation philosophy is simple: I don't give up. So long as the parties are acting in good faith and prepared to continue with mediation, I'll be with them every step of the way until they reach agreement. Some disputes are not capable of being resolved short of litigation, but the vast majority can and should settle, if the parties are prepared to do what it takes. Mediators tend to be either facilitative or evaluative. I'm a mixture of both and maintain flexibility, depending on the parties, the nature of the dispute, and the complexity of the legal and factual issues. If I believe a more direct approach will be effective, that's the one I'll pursue. If the parties themselves are engaging productively, I'll step back and be more facilitative. Either way, I see my role as mediator as having a singular goal—getting the parties to "yes" and achieving a resolution of their dispute.
Contact to Discuss MediationArbitration
Arbitration doesn't have to be arbitrary. I take my oath as an arbitrator seriously. Parties can be sure their arguments will be fully considered and always addressed in a timely, reasoned manner consistent with the governing law selected by them and the terms of their agreement to arbitrate. Integrity of the arbitral process is paramount, and I do everything in my power to ensure that the proceeding results in a fair and efficient adjudication of the dispute within the parameters of the law and the authority granted by the parties. I have been counsel in too many arbitrations where the decision to arbitrate seemed, in retrospect, unwise if not a mistake. My goal is, and always will be, to perform my service as an arbitrator so, win or lose, the parties never feel that way.
Contact to Discuss ArbitrationExperience
Represented major multimedia entertainment venue in breach of contract action.
Represented sellers of solar power development company in dispute over earnout payments.
Represented leading South Korean molecular diagnostics company in breach of contract action.
Represented major news media company in consumer fraud and business tort action.
Represented major online news and media outlet in defamation action.
Represented defense contractor in contract and defamation dispute related to termination of former chief executive.
Obtained dismissal of defamation claims against major national bank.
As lead trial counsel, won a defense verdict for a biotechnology company in a federal court breach of contract action involving a patent license agreement.
As lead trial counsel, won a defense verdict for a major cruise line operator in a federal court jury trial seeking substantial damages under the Telephone Consumer Protection Act.
As lead trial counsel, won a defense verdict for a bottle manufacturer in a federal court jury trial seeking damages for breach of contract and unfair trade practices, and a verdict awarding full damages on his client's related breach of contract counterclaim.
As lead trial counsel, represented a major independent system operator in a Federal Energy Regulatory Commission administrative hearing involving complex tariff issues pertaining to cost allocation for the siting of new generation facilities.
As lead trial counsel, won a sizeable breach of contract arbitral award for a health services staffing franchisor.
As trial counsel, won a defense verdict for a major financial services company in a federal court breach of contract trial.
As trial counsel, obtained a permanent injunction and sizeable monetary judgment for an employment agency franchisor in a federal court breach of contract trial.
As trial counsel, won a defense verdict for a major consumer products company in a federal court employment discrimination trial; represented a foreign bank in a federal court employment discrimination jury trial and successful post-trial proceedings.
Acted as lead appellate counsel on more than 50 appeals before the US Supreme Court, the Second, Seventh, and DC Circuit Courts of Appeal, New York's Court of Appeals and First, Second, and Third Department Appellate Divisions, and the intermediate courts of appeal of Florida and Massachusetts.
Obtained dismissal of false labelling class action litigation in the Eastern District of New York on behalf of consumer products company.
Successfully represented manufacturer of diverse industrial products on appeal involving indemnification for Mexican tax liability arising out of stock purchase agreement.
Represented a cellular telephone carrier, an electronic appliance manufacturer, a national self-storage company, and other clients in numerous class actions involving claims of unfair trade practices, breach of contract, breach of warranty, and false advertising.
Represented a real estate investment trust in a securities fraud class action involving mortgage-backed securities, and a municipality in a securities fraud and breach of contract class action involving issuance of revenue bond anticipation notes.
Won pre-trial dismissal of a breach of contract action for one of the nation's largest electric utility companies in a billion dollar bond indenture case upholding the "separate entity" doctrine applicable to corporations and their subsidiaries.
Successfully represented an East African nation's development bank in international letter of credit litigation, obtaining a temporary restraining order barring payment of standby letters of credit on account of alleged fraud.
Successfully represented the government of a major African nation in Foreign Sovereign Immunities Act litigation; has represented and/or counseled private and foreign governmental clients in several other FSIA matters.
Obtained reimbursement of $4 million for an Ecuadorian bank client in international letter of credit litigation involving dual proceedings in New York and Switzerland.
Represented an international cruise line company in insurance-related litigation arising out of the September 11, 2001 terrorist attacks.
Successfully represented an international consumer products company in litigation involving pirate radio advertising on the High Seas in violation of international and English law.
Represented a journalist in First Amendment, contract, and defamation litigation, including several appeals and emergency stay petition to the US Supreme Court.
Represented a national advertising company in First Amendment challenges to state and local billboard advertising restrictions.
Successfully defended libel and slander claims asserted by former employees of a wholesale flower distribution client; successfully represented a major sports figure against defamation claims.
Successfully represented a major bank in complex state and federal multidistrict litigation involving loans secured by real estate limited partnership interests.
Successfully defended a chemical raw material importer in nationwide product liability litigation, obtaining a negotiated dismissal of all claims against his client.
Represented New York's independent system operator in civil litigation, federal and state regulatory proceedings, and appeals.
Represented corporate and individual clients in corporate governance, shareholder, corporate dissolution, employment, trade secret, and non-compete disputes.
Counsel Comments
"The parties reached a settlement resolving the entire case, which I am certain would not have been achieved without the hard and skillful work of Mr. Saltarelli. I have mediated a number of cases across nearly 30 years, and Mr. Saltarelli was the finest mediator I have encountered. He was thoroughly prepared, respectful to all and has a wonderful temperament for mediation. He managed some very emotional and blustery characters in the mediation with a perfect blend of patience and firmness. The parties started the day with little expectation of resolving the case, but Mr. Saltarelli efficiently hit all the right notes at the right moments and steered them to settlement in under 8 hours."
Partner, AmLaw Top 15 New York City Law Firm
"When I have a hopeless mediation . . . I think of you first."
Partner, New York City Litigation Firm
Contact
Ready to discuss your matter? Email me directly at joe@jjsadr.com or fill out the form below.