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Real Estate & Construction Mediation

MWI provides real estate and construction mediation services for private and court-referred cases from the Massachusetts Land Court. MWI has the distinction of being an approved provider by the Chief Justice of the Massachusetts Land Court Department to provide ADR services. During COVID-19, cases can be mediated online.


Select Mediators (click on photo for bio)

  • Lisa Pomerantz
    Lisa Pomerantz
  • Joseph Vrabel
    Joseph Vrabel
  • Rosemary Macero
    Rosemary Macero
  • Howard Gorney
    Howard Gorney
Lisa Pomerantz

Mediating & Arbitrating Land Court Cases
Case Manger: Josh Hoch,  617-895-4028 | jhoch@mwi.org 

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Dispute Resolution Experience

Lisa Pomerantz is an Arbitrator and Mediator with MWI’s Real Estate, Construction, and Land Use Panel. She also serves as a neutral on MWI’s workplace and employment Panel as well as on the American Arbitration Association’s Commercial,  Employment and Consumer Panels, the EDNY Mediation Panel,  and various New York State mediation panels. She is available for arbitrations and mediations in Boston, New York, and remotely.


Focus Areas

  • Construction, architectural services and interior design agreements and disputes
  • Real estate brokerage and management agreements
  • Commercial leasing
  • Property damage claims
  • Family and closely held business disputes

Honors, Memberships, and Professional Activities

  • Member, EDNY Advisory Council (2020-2022)
  • Past Co-Chair, Suffolk County Bar Association ADR Committee
  • Past Board Member, New York State Dispute Resolution Association (2011-2015)
  • Past Board Member, Association for Conflict Resolution (2014-2015)
  • Recipient, Long Island Business News Leadership in Law Award (2011 and 2017)
  • Recipient, Association for Conflict Resolution, Exemplary Leadership Award (2015)

Lectures and ADR Trainings Conducted

  • Adjunct Professor, Touro Law School, (2018 to date), Courses taught include: Interviewing, Negotiation, and Counseling, Arbitration,  and Employment Law
  • Visiting Instructor, University of Tartu, Estonia (2018, 2019), Negotiation and Conflict
    Resolution

Representative Speaking Engagements

  • “The Value of Transparency in Mediation”, 2020 Annual Conferences of Association for Conflict Resolution and New York State Dispute Resolution Association;
  • “Common Attributes and Challenges of High-Emotion Conflicts in the Workplace and Family Business Settings”, International Mediation Symposium (2019)
  • “Business Partnerships: The Good, The Bad and the Ugly” Stony Brook Small Business Development Center (2019)
  • “Making the Most of Real Estate and Commercial ADR”, New York State Bar Association (2016

Background and Education

  • Boston University (JD-1979)
  • Harvard University (BA, Economics and History, cum laude-1976)

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Joseph Vrabel

Arbitrating & Mediating Land Use and Construction Cases
617-895-4028 | Case Manager: Josh Hoch

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Dispute Resolution Experience

Joseph Vrabel joined MWI’s Real Estate and Construction Mediation & Arbitration Panel in 2014. His mediation and arbitration experience includes land use, business, real property, municipal and commercial disputes.  Mr. Vrabel currently serves as General Counsel to BlaisCo, LLC. He is also a Trustee of Massachusetts Continuing Legal Education Inc. (MCLE), where he served as its recent President, as well as the President of its Board of Overseers.

Mr. Vrabel is the author of numerous publications and a requested speaker before a variety of legal and non-legal groups. Additionally, Mr. Vrabel is a frequent speaker on Business Law, Commercial Finance, Land Use Planning, Development and Zoning, and Municipal Law topics. Mr. Vrabel currently teaches Public Law at the University of North Carolina, Chapel Hill, in the School of Government Master of Public Administration Program. As an adjunct faculty member, Mr. Vrabel also teaches the business law course at Babson College and has also taught the Business Law course in the Babson College MBA program.


Focus Areas

  • Land Use, Development and Zoning.
  • Commercial finance and commercial real estate, corporate governance, the formation of business entities and general corporate law.
  • Extensive experience in all varieties of commercial bank loans, bonds financings, health care financings, private placements, workout situations, mergers and acquisitions, joint ventures, and all types of business transactions.
  • Other areas of practice include general corporate representation, particularly situations including investment strategies, and business planning.

Honors, Memberships, and Professional Activities

  • Member, American Arbitration Association Panel of Arbitrators
  • Member, American Arbitration Panel of Mediators
  • Past President, Massachusetts Bar Association, 2002 – 2003
  • Trustee and Life Member, Massachusetts Bar Foundation, 2009 – 2012
  • Secretary, Massachusetts Continuing Legal Education, Inc.
  • Member, American Bar Association Standing Committee on Legal Education
  • Past President, Massachusetts City Solicitors and Town Counsel Association, 1989 – 1990
  • Board of Directors, Dispute Resolution Committee, Co-Chair, Massachusetts Conveyancers Association

Lectures and Publications

  • Municipal Law Manual” for MCLE: 2000 – 2002
  • Author, monthly “Legal Affairs” column for American Planning Association
  • Newsletter, Massachusetts and Rhode Island chapters; 1996 – 2006
  • Editor, Crocker’s Notes on Common Forms: Chapter on Foreclosure
  • Author, “Regulatory Takings: The case of Daddario v. Cape Cod Commission”, New
    England Real Estate Journal; October 1997
  • Author, “Zoning Freezes: Heritage Park v. Town of Southbridge”, Massachusetts
  • Conveyancers Association Publication, The Conveyancer; Fall 1997, Vol. 16, No. 4.
  • “Municipal Law Update” – MCLE; Yearly Programs from 1990 – 2000 – Chairman;
    Speaker on Land Use and Zoning Update
  • “Land Use & Zoning Update” – Annual Meeting of City Solicitors and Town Counsel
    Association, Yearly Programs from 1985 – 2000
  • “Land Use and Zoning Case Law Update” – Annual meeting of Massachusetts
  • Association of Planning Directors, Yearly Programs from 1990 – 2000
  • LLP’s and LLC’s: Practical Advice – MCLE; November 26, 1995 – Chairman

Background and Education

  • B.A., Lake Forest College, 1970
  • J.D., Boston College Law School, 1973
  • Mediator Certification, Harvard Law School, 1997
  • Adjunct Professor of Business Law, Babson College, Graduate – MBA Program, Wellesley, MA, 1987 – Present
  • Professor, University of North Carolina, School of Government Master of Public Administration Program, Chapel Hill, NC

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Rosemary Macero

Arbitrating & Mediating Land Use and Construction Cases
617-895-4028 | Case Manager: Josh Hoch

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Dispute Resolution Experience

Rosemary Macero is an Arbitrator and Mediator on MWI’s Real Estate and Construction Panel. Ms. Macero’s 34 years of legal experience have provided her with the foundation to adequately mediate and arbitrate cases that include land use, construction, and real estate matters. She currently is an arbitrator for the Better Business Bureau and volunteers as a mediator for MWI and the Lowell District Court.

Ms. Macero is licensed to practice law in Massachusetts, New York, New Hampshire, Vermont and Rhode Island. She has been published three times in Condo Media Magazine and is a member of the American Bar Association as well as the Massachusetts Bar Association. She is a former adjunct faculty member at four Massachusetts institutions and speaks fluent Spanish.


Focus Areas

  • Mediation and arbitration services related to:
    • General contractors
    • Design professionals
    • Specialty subcontractors
    • Construction safety regulations
    • Commercial finance and commercial real estate, corporate governance, the formation of business entities and general corporate law

Honors, Memberships, and Professional Activities

  • United States Bankruptcy Court Mediation list
  • Arbitrator with the Better Business Bureau
  • Former Special Assistant Attorney General charged with enforcing wage, labor and construction safety regulations
  • Frequent lecturer for Massachusetts Continuing Legal Education Inc
  • Member of Civil Litigation Council of Massachusetts Bar Association
  • Moderator – Massachusetts Bar Association Continuing Legal Education Program – Audio Visual Depositions
  • Adjunct Faculty Business Law Southern New Hampshire University and Cambridge College
  • Former Adjunct Faculty, Emmanuel College, Wentworth Institute of Technology, Bentley University, Middlesex Community College and Sanford Brown/formerly Gibbs College

Lectures and Publications

  • Condo Media Magazine
    • Employer Beware: Do You Have Insurance Coverage for Employment Claims, Introduction of Insurance Law, Understanding the ABC’s
    • Evaluation of Damages, The Defense Perspective, Massachusetts Continuing Legal Education, Personal Injury Basics
    • Junk Science: Truth or Witchcraft, Morrison, Mahoney and Miller, Seminar Article

Background and Education

  • B.A., Tufts University, 1981
  • J.D., Case Western Reserve University School of Law
  • Adjunct Professor of Business Law, Southern New Hampshire University, Manchester New Hampshire, 2015-present
  • Adjunct Professor of Business Law, Cambridge College, Cambridge, Massachusetts, 2012-present
  • Adjunct Professor of Business and Sports Law, Emmanuel College, Boston, Massachusetts, 2010-2015
  • Adjunct Professor of Business Law, Bay Path College, Longmeadow, Massachusetts, 2011
  • Adjunct Professor of Legal Specialties and Business Law, Gibbs College, Boston, Massachusetts, 2009-2010
  • Adjunct Professor of Paralegal Studies, Bentley University, Waltham, Massachusetts, 1996-2003

 

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Howard Gorney

Mediator and Arbitrator
617-895-4028 | Case Manager: Josh Hoch

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Dispute Resolution Experience

Howard Gorney combines over forty years as a commercial attorney with his mediation and arbitration skills to assist parties in reaching resolution of land use, consumer automotive, real estate, franchise, and construction disputes. He has mediated over 150 commercial matters since becoming a mediator in 2006. In addition, Mr. Gorney’s mediation and arbitration experience ranges from resolution of complex business issues to matters involving construction, general real estate disputes, franchise and bankruptcy in amounts extending into multi-millions of dollars. He has served on the MWI mediation and arbitration panels for the resolution of franchise contract disputes, including several for General Motors LLC and BMW of North America. Mr. Gorney has arbitrated over 40 construction cases for the Commonwealth of Massachusetts and presently serves as an arbitrator for FINRA, the regulatory arm of the financial services industry pertaining to allegations of broker misconduct. Drawing upon his vast experience as a commercial and bankruptcy attorney, he also mediates cases involving complex Chapter 11 cases in both the New York and Delaware bankruptcy courts, as well as the recently-formed mediation program in the Massachusetts bankruptcy court, which Mr. Gorney helped to formulate. A lecturer and author of many articles on bankruptcy, commercial law and franchising, Mr. Gorney received a Bachelor’s Degree from the U. of Vermont, a Master’s Degree from U. of Pennsylvania and a J.D. from Suffolk U. Law School, MA. He is admitted to the Bar in Massachusetts; U.S. District Court (District of MA); United States Court of Appeals, First Circuit, and The United States Supreme Court.


Focus Areas

  • Mediator, General Motors Dealer/Factory Disputes involving, among other issues SFE, bonus disputes, sale for resale and franchise termination.
  • Arbitrator, Construction Disputes, Commonwealth of Massachusetts, Office of Consumer Affairs and Business Regulation. Disputes include allegations of faulty construction, change orders and overcharges.
  • Arbitrator, FINRA (formerly known as NASD), disputes include allegations of broker misconduct, churning of accounts and unauthorized investment.

Honors, Memberships, and Professional Activities

  • Law Firm of Nixon Peabody LLP, Boston, MA 1988‐2006
  • Partner 1988‐2004
  • Senior Counsel 2003‐2006
  • Chairman of Commercial Law Dept. 1996‐1998
  • Chairman and Member of Executive Committee 1992‐1999
  • Executive Director, Home Builders Assoc. of Greater Lowell, Lowell, MA 1974‐1976

Background and Education

  • Member, Mediation Panels: U. S. Bankruptcy Court, Southern District of NY,
  • Panel Arbitrator, Mass. Office of Consumer Affairs and Business Regulation
  • Suffolk University, Boston, MA, Juris Doctor 1974
  • University of Pennsylvania, Philadelphia, PA, Master of Arts 1965
  • University of Vermont, Burlington, VT, Bachelor of Arts 1964

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Massachusetts Land Court Mediation

MWI’s experienced mediators are available to assist you in resolving real estate and construction cases. While many cases are referred from the Massachusetts Land Court, MWI also provides services and receives referrals from attorneys, architects, and those involved with construction projects with multiple parties and stakeholders. Additionally, MWI offers a free Screening Conference where people learn more about participating in mediation. Screening Conference are free and are conducted online via Zoom during COVID-19.


Types of Disputes

MWI provides experienced and effective mediators with expertise in: Real Estate, Breach of Contract, Adverse Possession, Disruption/Impact, Equitable Adjustment, Boundaries, Constructive Acceleration, Delay, Homeowner / Contractor, Condo Associations, Environmental Disputes, Easements, Titles, Zoning Variances, Jointly Owned Property, Design and Construction, Petition for Partitions, and more.


For More Information

Contact Josh Hoch at jhoch@mwi.org or 617-895-4028 for a no-fee consultation to learn more about MWI’s Real Estate & Construction Mediation Services.