Dustin Hecker
Commercial Mediator & Arbitrator
Associate Mediator · JD
Litigation of disputes often is necessary. Often, however, it really isn’t. That’s where I can help. I litigated and tried many kinds of commercial cases for 40 years before retiring from “the active practice of law” in 2023. I began my legal practice in NYC at what was then known as Kaye Scholer (now a part of Arnold & Porter) before moving to Boston in 1986. In Boston, I was an associate of and then a partner in McDermott Will & Emery before joining Posternak Blankstein & Lund in 1994. After Posternak merged with ArentFox (now ArentFox Schiff) in 2019, I continued to handle business matters until my retirement. In addition to mediating private disputes, I volunteer as a mediator in the Massachusetts state courts through MWI Inc. I am on the American Arbitration Association’s panel of mediators as well as its Commercial and Construction arbitration panels. My other (current) volunteer activities include as a member of the board of directors and the finance and governance committees of Communities for Restorative Justice, Inc., a Legal Fellow and member of the Massachusetts Advisory Council of the New England Legal Foundation, and a member of the Massachusetts attorney network for the Foundation for Individual Rights and Expression.
Experience
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Specialties
Focus areas
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Approach
How we collaborate
I like to understand the people involved in the dispute (which includes counsel) and how their needs (money, pride, recognition, being understood/heard, not “wasting” more time on the dispute, etc.) can be satisfied in ways that traditional litigation cannot really meet. So, I invest – and expect that counsel and the parties will also invest- time in advance of the mediation to explore what drives the dispute, how ready the parties really are to compromise, and where we might be able to narrow and ultimately bridge the gap between the parties’ respective positions. I am always willing to explore the merits of the parties’ respective cases to understand the legal and factual issues that precipitated the dispute and which will dictate the result — if there is no settlement. But I try to focus the parties and counsel on the benefits of ending their dispute now or, to put it differently, on the opportunity costs of continuing to fight.
Commercial Litigation, Business Disputes, Construction, and Intellectual Property
Pricing
Transparent plans
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Hourly rate
$400
| Format | Duration | Amount | Notes |
|---|---|---|---|
| IN_PERSON | HOURLY | $400 | $400 per hour for preparation, pre-mediation calls/emails, and for the mediation itself and any follow-up. |
Related programs
- Commercial Contracts
- Construction Disputes
- Landlord-Tenant Disputes
- Securities Litigation