Joshua Fruchter
Josh brings a diverse background and toolkit to the table as a mediator – 28 years of negotiating settlements as a litigator, 17 years as the principal of a family business, and advanced commercial mediation training.
After graduating from New York University School of Law, Josh honed his dispute resolution skills as a bankruptcy litigator at Kaye Scholer LLP (now Arnold & Porter Kaye Scholer LLP). During his six years at the firm, Josh regularly helped negotiate resolution of disputes between debtors and their creditors.
More recently, as a partner at the securities class action firm of Wohl & Fruchter LLP, Josh has since 2011 participated in the negotiation of over $335 million in class action settlements, frequently through mediation.
As the principal of eLawMarketing, an online marketing agency for law firms, Josh gained insight into the dynamics of entrepreneurial family-owned businesses, including strategies for resolving conflicts related to ownership and management.
Recent Posts
- Free Webinar for Litigators and Mediators: July 21: The Top 7 Psychological Traps to Watch Out For in Litigation and Mediation - July 15, 2021
- Misuse of Probability in Decision Tree Analysis: Avoiding Garbage In, Garbage Out - July 15, 2021
- Why Sunk Costs Are Irrelevant to Decision Tree Analysis in Mediation - July 5, 2021
- Free Webinar for Litigators and Mediators: June 23: Using Decision Tree Analysis To Value Lawsuits and Negotiate Settlements - May 20, 2021
- NYCLE-Accredited Webinar: November 17: How Mediation Can Add Value to the Estate Planning Process - October 28, 2020
- Six Key Psychological Principles at Play in Mediations - July 23, 2020
- Coronavirus and Collaboration: Cooperating in a Time of Crisis - March 17, 2020
- What Does it Mean to Have “Settlement Authority” at a Mediation? - January 7, 2020
- Can Confidential Mediation Materials Start the 30-Day Clock Ticking for Removability Under the Class Action Fairness Act? - December 29, 2019
- Mediation Lessons from the Talmud: The Endowment Effect and Its Impact on Settlement Negotiations - October 16, 2019
- Is Your Pre-Litigation Mediation Clause Well-Drafted? A Cautionary Tale from Hawaii - October 6, 2019
- Mediation Lessons From the Talmud: The Components of an Effective Apology - September 26, 2019
- Revisiting the Insurer’s Decision Tree Analysis Discussed in Last Tuesday’s Blog Post - September 23, 2019
- 5 Ways Mediators Can Add Value to Hospital Communication and Resolution Programs - September 18, 2019
- Insurer That Relied On Flawed Decision Tree Analysis Hit With $7.2M Judgment For Rejecting Settlement Offers After Failed Mediation - September 17, 2019
- Is Your Pre-Litigation Mediation Clause Well-Drafted? A Cautionary Tale from California - September 9, 2019
- Imago Couple’s Dialogue: A Technique for Addressing Emotion During Mediation - September 5, 2019
- Does a Mediation Trigger the Duty to Defend Under a CGL Insurance Policy? - September 3, 2019
- When Pre-Litigation Mediation Fails Does it Become a Race to the Courthouse? - September 3, 2019
- Pros and Cons of Caucus Versus Joint Session in Business Dispute Mediation - August 22, 2019
- Should the Federal Mediation Privilege Only Apply to Court-Ordered Mediations? - August 20, 2019
- Does Mediation Confidentiality Protect Communications Between Two Parties on the Same Side of the Table? - August 19, 2019
- The Singapore Mediation Convention: Will It Fulfill Its Promise? - August 15, 2019
- Hospital Communication and Resolution Programs: Lessons for Mediating Workplace Disputes? - August 14, 2019
- Mediation Lessons From the Talmud: How Empathy and Curiosity Help Mediators Resolve Disputes - August 13, 2019
- I’m Sorry: The Power of Apology in Mediation - August 8, 2019
- Top Strategies for Preventing and Breaking Impasse in Mediation - August 6, 2019
- Documenting the Remedy for Breach of a Mediated Settlement - August 5, 2019
- Reforming a Mediated Settlement Agreement When It Contains a Mistake - August 1, 2019
- Mediation Lessons From the Talmud: Is Mediation of Disputes a Moral Duty or a Utilitarian Exercise? - July 31, 2019
- When Does Evaluative Mediation Cross the Line from Neutral Analysis to Legal Advice? - July 28, 2019
- Using Mediation to Prevent Family Business Disputes from Escalating into Litigation - July 25, 2019
- Can a Failed Insurance Mediation Trigger the Start of a Statute of Limitations? - July 22, 2019
- Using Mediation Preemptively to Resolve Workplace Disputes - July 18, 2019
- Mediation Lessons From the Talmud: How to Manage High Conflict Personalities in Mediations - July 17, 2019
- Can Mediators Add Value in the Transactional Context by Rescuing Deals at Risk of Falling Apart? - July 15, 2019
- Should Fee Shifting Provisions Condition Recovery of Attorneys’ Fees on Participation in Mediation Before a Lawsuit is Filed? - July 11, 2019
- Bracketing in Mediation: When to Use It and Why It Works - July 10, 2019
- The Benefits of Preventative Workplace Mediation: Resolving Discrimination Complaints Internally Before a Charge is Filed - July 8, 2019
- Mediation Lessons From the Talmud: Making Peace in Mediation by Giving Others the Benefit of the Doubt - July 7, 2019
- Texas Court Says Express Consent is Key if You Want Your Mediator to Arbitrate Disputes That Arise When Memorializing a Settlement - June 30, 2019
- New Jersey Court Enforces Agreement to Mediate Workplace Disputes - June 27, 2019
- Recognizing and Addressing Confirmation Bias in Mediation - June 26, 2019
- How Mediators Can Add Value to the Estate Planning Process - June 24, 2019
- Mediator Proposal Best Practices - June 21, 2019
- When Memorializing a Mediated Settlement, Empower the Mediator to Resolve Any Disputes Over Language - June 20, 2019
- Mediation Lessons From the Talmud: Leveraging Reciprocation Bias in Mediation - June 19, 2019
- Oral Class Action Settlement Reached Through Mediation Unenforceable Because Parties Did Not Agree on Attorneys’ Fees and Other Material Terms - June 17, 2019
- How Mediators Can Help Family Business Attorneys Avoid Professional Risk by Playing the Role of Neutral Peacemaker - June 14, 2019
- The Mediator’s Proposal: If Both Sides Say Yes, Make Sure It’s Binding - June 14, 2019
- The Social Network: Lessons from the Mediation That Resolved the Dispute Over the Founding of Facebook - June 12, 2019
- Using Charitable Donations to Resolve Disputes in Mediation - June 11, 2019
- Mediation Lessons From the Talmud: How Can a Mediator Turn Emotional Outbursts Into Opportunities for Resolution? - June 5, 2019
- Are Negotiations Between Parties During the Mediation Process Without the Mediator’s Participation Protected by the Mediation Privilege? - June 4, 2019
- The Merits of Med-Arb: If Mediation Fails to Resolve a Dispute, Should Parties Let the Mediator Arbitrate? - June 3, 2019
- Mediation Lessons From the Talmud: Four Lessons From the Disputes of the Academies of Hillel and Shammai - May 30, 2019
- Why Didn’t Amazon and New York City Mediate? A Pitch for Transactional Mediation - May 29, 2019
- Principles of Cognitive Dissonance at Play in Mediation - May 28, 2019
- New Federal Court Decision Illustrates the Use of High-Low Agreements in Mediation - May 24, 2019
- Can a Mediation Party Who is an Attorney Speak With a Non-Attorney Counterparty Outside the Presence of the Counterparty’s Counsel? - May 21, 2019
- Does a Prior Relationship With a Party Impair a Mediator’s Neutrality? California Says No - May 20, 2019
- IBM and Groupon Settle Their Patent Litigation by “Expanding the Pie” Mediation Style - May 16, 2019
- Encouraging Empathy in Mediation: Just Because You Are Right Does Not Mean I Am Wrong - May 9, 2019