Frequently Asked Questions
Mediation, arbitration, and working with Mark J. Bunim, Esq.
Mediation & Arbitration Basics
Mediation is a voluntary, confidential process in which a neutral third party — the mediator — facilitates negotiation between disputing parties to help them reach a mutually acceptable settlement. The mediator does not impose a decision. Arbitration, by contrast, is an adjudicative process in which a neutral arbitrator (or panel) hears evidence and arguments from both sides and renders a binding decision, much like a private judge. Both processes are typically faster, less expensive, and more private than litigation.
Mark J. Bunim focuses on two primary practice areas: Insurance Disputes and Commercial Disputes. His insurance practice encompasses coverage disputes, bad faith claims, Rep & Warranty matters, and construction- and employment-related coverage issues. His commercial practice covers contract disputes, business torts, and partnership and shareholder disagreements.
The duration varies considerably by case complexity. A mediation session may be completed in a single day or may require multiple sessions over several weeks. An arbitration hearing for a straightforward commercial matter might conclude in one to two days, while complex multi-party disputes may require a longer hearing schedule. Mark works efficiently and is focused on achieving resolution without unnecessary delay.
If mediation does not produce a settlement, the parties remain free to pursue arbitration, litigation, or any other available remedy. Nothing said or offered during mediation may be used against a party in subsequent proceedings — the process is confidential. In many cases, even an unsuccessful mediation narrows the issues and reduces the cost of any subsequent proceeding.
Mediation — A Closer Look
A mediation session typically begins with a joint opening session in which the mediator explains the process and establishes ground rules. The mediator then usually moves the parties into separate private sessions — called caucuses — where each side can speak candidly about their interests, concerns, and settlement range without the other party present. The mediator shuttles between the rooms, exploring options and testing proposals, until a settlement is reached or the parties conclude that further discussion will not be productive.
Yes. Mediation is confidential by agreement and, in New York, is protected by statute. Nothing said, offered, or disclosed during the mediation process may be used as evidence in any subsequent legal proceeding. This confidentiality is one of mediation's greatest advantages — it allows parties to speak frankly and explore creative solutions without fear that their candor will be used against them later.
A mediated settlement is binding once the parties reduce it to a written settlement agreement and sign it. The agreement is then enforceable as a contract. In some cases, the parties may also choose to have the agreement entered as a consent order or judgment by a court, which provides additional enforcement mechanisms. Until a written agreement is signed, either party may withdraw from the mediation.
You are required to have a lawyer, as Mark does not do pro se mediation. Counsel can help you prepare for the session, evaluate settlement proposals against the likely outcome of litigation or arbitration, and ensure that any settlement agreement is properly drafted and enforceable. Mark J. Bunim's practice is focused on business and insurance disputes where the parties are typically represented by counsel.
A mediator has no authority to impose a decision. The mediator's role is entirely facilitative — to help the parties communicate, understand each other's perspectives, and find common ground. A judge or arbitrator, by contrast, hears evidence and arguments and then renders a binding decision that the parties must accept. Mediation preserves party autonomy: the parties themselves control the outcome.
Mark typically requests that each party submit a confidential mediation statement in advance — a concise document summarizing the facts, the legal and factual issues in dispute, the party's settlement history, and their goals for the session. This allows Mark to arrive at the mediation fully informed and to use the session time productively. He may also conduct pre-mediation calls with counsel to discuss logistics, identify key issues, and ensure that the right decision-makers will be present.
Working with Mark J. Bunim
Mark J. Bunim brings nearly five decades of legal experience to every matter. He holds a B.A. summa cum laude from New York University (1971) and a J.D. from Rutgers School of Law (1975), and has been licensed in New York courts since 1976. He founded Case Closure, LLC. in 2005. He is a Fellow of the College of Commercial Arbitrators, a Diplomate of the National Academy of Distinguished Neutrals (inducted 2012), and was named 2013 Top Rated Lawyer in Insurance Law by the American Lawyer and the New York Law Journal. He has mediated over 450 matters domestically and internationally.
You may reach Mark J. Bunim by telephone at (212) 683-0083. His office is located at 250 Park Avenue, 7th Floor, New York, NY 10177. Selection interviews via video conferencing are also available. Please visit the Contact page for full details.
For an initial consultation, it is helpful to bring a brief summary of the dispute, any relevant contracts or agreements (particularly any arbitration or mediation clauses), a timeline of key events, and a sense of the relief or outcome you are seeking. The more context you can provide, the more productive the initial conversation will be.
Yes. Mark's practice is both domestic and international in scope. He is available to serve as a mediator or arbitrator in matters throughout the United States and internationally.
Insurance Disputes
Mark handles a broad range of insurance disputes, including first-party and third-party coverage disputes, bad faith claims, Rep & Warranty matters, excess and surplus lines matters, directors and officers liability, professional liability, property damage claims, and insurance coverage issues arising from construction and employment matters.
Yes. Mark J. Bunim has substantial experience in Rep & Warranty (M&A insurance) arbitration and is well-versed in the customs and practices of the industry. He is available to serve as a party-appointed arbitrator or as umpire in Rep & Warranty panel arbitrations.
Mediation is particularly well-suited to bad faith insurance claims because it allows the parties to explore settlement in a confidential setting before the costs and risks of litigation escalate. A skilled mediator with deep insurance law experience — like Mark J. Bunim — can help both sides assess the strengths and weaknesses of their positions and identify a resolution that avoids the uncertainty of a jury verdict.
Yes. Construction-related insurance coverage disputes — including wrap-up insurance programs (OCIPs and CCIPs), additional insured disputes, and coverage issues arising from construction defect claims — are within Mark's insurance practice.
Commercial Disputes
Mark handles a wide range of commercial disputes, including contract disputes, business torts, partnership and shareholder disagreements, real estate and construction matters, employment-related commercial claims, and disputes arising from mergers, acquisitions, and business transactions.
Commercial arbitration offers several advantages over litigation: it is typically faster, less expensive, and more private. The parties have greater control over the selection of the decision-maker, the schedule, and the procedural rules. The arbitrator's award is final and binding, with very limited grounds for appeal, which provides certainty and finality that litigation often cannot.
Arbitration costs typically include the arbitrator's fees (charged at an hourly or daily rate), administrative fees if the arbitration is conducted under institutional rules (such as AAA or JAMS), and the parties' own legal fees. While arbitration is generally less expensive than litigation, costs vary significantly based on the complexity of the dispute, the length of the hearing, and the applicable rules. Mark is happy to discuss fee arrangements during an initial consultation.
Yes. Construction-related insurance coverage disputes — including wrap-up insurance programs (OCIPs and CCIPs), additional insured disputes, and coverage issues arising from construction defect claims — are within Mark's insurance practice.
Process & Logistics
Mediations are held at the office of one of the law firms that represent one of the parties or at AAA office, or a mutually agreed upon location. I may not do video mediations or arbitrations, but I do have hybrid sessions where counsel is in person, and the client or witness may be remote.
Mark J. Bunim is a Fellow of the College of Commercial Arbitrators (CCA), a Diplomate of the National Academy of Distinguished Neutrals (NADN), and a member of the New York State Bar Association. These affiliations reflect his standing as a recognized neutral in the dispute resolution community.
Mark J. Bunim is available for consultations by telephone or video conferencing. Reach out to discuss your matter directly.
