Bette J. Roth, Esq.
Mediator v Arbitrator
Box One
Newton Highlands, MA 02461
www.rothadr.com Tel. 617.795.2425
ADR services
Mediation, arbitration, teaching, training/lecturing, facilitation, conciliation, case evaluation, fact-finding, consulting
- Lecturer on Mediation, Boston University School of Law (since 2007)
- Mediator since 1996 of 700+ cases
Substantive areas
- Employment (discrimination, wrongful termination, non-compete, severance, wage/hour)
- Securities (customer /broker, transfer agent, individual and class action, shareholder, ERISA, trusts, hybrid insurance products)
- Commercial (contracts, partnerships, banking, UCC, closed corporations, insurance)
- Land use (real estate sales, zoning, environmental, housing, possession, title)
- Construction (commercial, residential, municipal)
- Professional liability (negligence, breach of fiduciary duty, malpractice, fraud)
- Community (family, neighbors, CHINS)
- Agency (state and federal regulatory and enforcement)
- Mediator, Arbitrator: CPR’s Panel of Distinguished Neutrals
- Mediator, Arbitrator: American Arbitration Association
- Mediator, Arbitrator: REBA (Real Estate Bar Association)
- Mediator: FINRA (formerly National Association of Securities Dealers)
- Mediator, Arbitrator: Case Closed Dispute Resolution Services
- Mediator, Arbitrator: Resolute Systems, Inc.
- Special Master, Receiver & Arbitrator: Massachusetts Superior Courts
- “Super Lawyer” in ADR: New England 2011, 2010, 2009, 2008, 2007, Massachusetts 2006 (Boston Magazine/ Law & Politics Magazine)
- Certified as a mediator by the International Mediation Institute (IMI) in the Hague
- John Dunlop Dispute Resolution Award for mediation (Commonwealth of MA 2001)
- Primary editor, The Alternative Dispute Resolution Practice Guide (national 2-volume set & updated annually (copyright © 1993-2009 Thomson/West) (CPR book award finalist 1994)
- Author: "Ten Tips for an Ethical and Effective Negotiation" (Mass. Lawyer's Weekly July 2011; Rhode Island Lawyer's Weekly, July 2011)
- Contributing author, ADR and the Law (MCLE 2009)
- Co author, “Class Action Arbitrations: A First Circuit Update” (Boston Bar Journal, March/April 2008)
- “Litigation Tactics in Mediation: Are They Ethical?” (Mass. Lawyer’s Weekly, Feb. 2005)
- Co-editor & contributing author, Court Mandated Basic Training for Arbitrators (MCLE 2005)
- Editor & contributing author, What Every Lawyer Should Know About Arbitration (MCLE 2004)
- “Ethical Considerations for Advocates in Mediation” (Boston Bar Association 2004)
- “Ten Suggestions for Negotiation in Employment Mediation” (The Practical Lawyer, ALI-ABA, Oct. 2004)
- Co-author, “Maximizing the Potential of Mediation” (Mass. Lawyers Weekly, Apr. 2004)
- “Mediating Your Securities Disputes Successfully” (NSCP Currents, Winter 2004)
- “Selecting the Right Organization and Arbitrator” (Mass. Lawyers Weekly, Feb. 2003)
- Editor & contributing author, Arbitration Practice and Update 2002 (MCLE 2002)
- Co-author, "Per Se Legality of Some Naked Restraints: A [Re]Conceptualization of the Antitrust Analysis of Cartelistic Organizations” (The Antitrust Bulletin, July 2000)
- Co-author, Securities Arbitration: Special Report (Wiley Law Publications 1989)
- Contributing author, Securities Litigation-State and Federal (CCLE 1988)
- Speaker, “Negotiation Techniques for Business Lawyers” (faculty ABA 2011 Business Law Spring Meeting)
- Speaker, MBA “Resolving Closely Held Corporation Disputes” (January 2011)
- Speaker, MCLE “Negotiation Ethics” in “ADR & the Law” (December 2010)
- Speaker, Securities Arbitration and Mediation, BBA (December 2009)
- Speaker MCLE “Hybrids Forms of ADR” (November 2009)
- Speaker, AAA Advanced Mediator Training (November 2009)
- Speaker, MCLE ADR Program (October 2009)
- Speaker, MCLE, “Resolving neighbor Disputes” (February 2009)
- Speaker, MBA “Resolving Closed Corporation Disputes” (November 2008)
- Chairperson & faculty member, MCLE arbitration seminar (October 2007)
- Speaker, ALI-ABA 32nd Annual Advanced Course of Study “Securities Litigation Planning and Strategies” (June 2007)
- Moderator and/or speaker, numerous Brown Bag Lunch series on Mediation and Arbitration, Boston Bar Association ADR Committee (2005-2007)
- Guest Lecturer, “Mediator Confidentiality and Liability”, MWI (May 2005)
- Guest lecturer, “Mediation Ethics”, B.U. School of Law (March 2005)
- Co-chairperson & trainer, 8-hour MCLE arbitrator training (Feb. 2005)
- Faculty member, CLE program, “Mediating Employment Cases”, BBA (Nov. 2004)
- Guest speaker, “American ADR”, Tipperary Bar Association, BBA (Oct. 2005) and Chinese Judicial representatives, MMDC (Jan. 2003)
- Chairperson & faculty member, MCLE arbitration seminars (2002, 2004)
- Peer mediator trainer, FCMS (1998-2000)
- Case screener & dispute resolution consultant, MMDC (since 2000)
- Moderator & instructor, arbitration seminar & workshops, Brobeck, Phleger & Harrison (1989)
- Hundreds of employment discrimination disputes
- Dozens of securities disputes involving customer accounts
- Commercial disputes involving contracts, licenses, commissions, premiums, or other transactions
- Construction disputes involving residential and commercial properties
- Employee disputes involving benefits, termination, non-compete, raiding, severance
- Stockholder disputes with dealers, issuers, and transfer agents
- Closed corporation disputes involving freeze-outs, share valuation, severance
- Share holder class action litigation over stock valuation; market manipulation
- Disputes involving ownership, use, and sale of real property
- Housing & public accommodation discrimination disputes
- Separation of CEO from publicly-traded company
- Cases involving multi-national parties
- Family disputes involving businesses, partnerships, wills, trusts, and real estate ownership
- Attorney malpractice cases
- Personal injury disputes
- Disputes between neighbors
Representative cases decided as arbitrator
- Dozens of securities disputes involving customer accounts
- Employment disputes involving claims of wrongful termination
- Injunctive cases involving former sales representatives and non-compete agreements
- Cases involving commercial transactions between securities firms, transfer agents, commercial sellers, or banking firms
- Construction disputes involving the renovation or construction of residential and commercial property
- Personal injury disputes
- Partnership disputes
- Franchise, leasing, sale of business disputes
- Music leasing/royalty disputes
- Arbitrator trainings I, II, Advanced (American Arbitration Association 2007, 2006, 2005, 2003, 1991)
- Conciliation training (Middlesex Superior Court 2005)
- Advanced mediator training: housing disputes (FCMS 2001)
- Discrimination prevention trainer certification (MCLE/MCAD 2000)
- Peer mediation trainer training (Attorney General’s Office 1998)
- Advanced mediator training: family systems, employment, ADA disputes (FCMS 1997)
- Basic 35 hour mediator training & certification (FCMS 1997)
- Mediation training and mentoring with Randall Wulff, San Francisco (1995)
- University of Wisconsin Law School (J.D. 1984). Editor, Wisconsin International Law Journal (1984)
- University of Massachusetts, Amherst (B.A. economics cum laude 1981)
- University of Paris, Sorbonne (“Certificat de Langue Français” 1981)
Bar and Professional memberships
- Co-chair, ADR Committee (Boston Bar Association Litigation and International Law Sections 2005-2008)
- Massachusetts Bar (1985), California Bar (1985), Wisconsin Bar (1984)
- Member, Women’s Bar Association
- Member, New England Chapter for Association of Conflict Resolution
- Mediation training coach, Newton North High School Peer Mediation training (2010, 2009, 2008, 2007, 2006)
- Communication/mediation training coach, John Hancock & Boston Police Dept. Youth Violence Strike Force “Summer of Opportunity” (2008, 2007, 2006)
- Judge, Moot Court/Negotiation Competitions, Northeastern, Boston University law schools (2005-2007)
- Co-president, Zervas Elementary School Council (2001-2002)
- Elected member, Zervas Elementary School Council (1999-2002)
- Elected member, Board of Directors, Hyde Community Center (1997-2003)
- Pro-bono mediator /community disputes, FCMS (1997-2002)
- Elected member, Newton Highlands Neighborhood Area Council (1998-2001)
- Co-chair, Community project that funded, designed, and built memorial playground (1998)
- Newton Highlands Village Day and/or Newton Serves yearly volunteer (since 1997)
Foreign language: French