Kenneth J. Balkan, Esq. has more than 50 years of experience as a litigator. As a neutral and legal practitioner, he has handled a wide variety of matters including insurance coverage, complex business and partnership disputes, multi-party tort litigation, legal fee issues and professional liability lawsuits. As a litigator, arbitrator, Court Appointed Referee, and mediator, Mr. Balkan has a wealth of knowledge in handling, counseling, supervising, resolving, and mediating complex claims and lawsuits throughout the United States including business and commercial disputes such as construction, corporate management agreements, legal fee disputes, partnership disputes, professional liability inclusive of disciplinary proceedings, insurance matters concerning disability and life insurance claims, subrogation liability transfer, and indemnification. Mr. Balkan’s vast experience also consists of hearing complex construction matters involving defects, change orders, and contract disputes, as well as personal injury matters involving construction accidents, property damage, real estate matters, including foreclosure issues, and employment matters such as wrongful termination of employment.

Mr. Balkan’s vast experience in handling construction disputes spans over many years in his capacity as either a litigator, supervisory counsel on catastrophic matters throughout the country (including, for example purposes: (i) the largest municipal bond default in U.S. history at the time involving nuclear projects allegedly flowing from cost overruns caused by a variety of professionals including engineers leading to first a judgment against two insurers and then a confidential settlement upon appeal; and (ii) mediation in a lawsuit brought by a municipality for cost overruns allegedly caused by architects/engineers leading to a confidential settlement), as well as acting as a consultant for a large insurance brokerage insuring real estate developers and professionals involving a variety of construction and insurance related claims, and as a Mediator for the Southern and Eastern District courts. These cases involved issues such as liability transfer through additional insured provisions and indemnification/hold-harmless contractual provisions; Labor Law/OSHA violations causing bodily injury claims; foundation/excavation work causing property damage to adjoining real estate properties; project cost overruns; change order issues; unforeseen project conditions (underground or otherwise) causing increased cost/property damage/bodily injury; and improper approval of project progress payments.

Mr. Balkan was an early advocate of Alternative Dispute Resolution (“ADR”). He was first appointed as an Early Neutral Evaluator by the United States District Court for the Eastern District of New York during the initial stages of its court-annexed ADR procedure, where he mediated a variety of commercial, contract, and tort disputes. Mr. Balkan currently serves on the Mediation Panel in the United States District Courts for both the Southern and Eastern Districts of New York. He was also regularly appointed as sole or lead arbitrator on arbitration panels for the 10th Judicial District of Nassau County, Part 137 Attorney/Client Fee Dispute Resolution Program, and was selected as a Court Appointed Referee in a complex corporate family dispute in which he addressed continuing interim disputes while shepherding the parties through a satisfactory corporate sale.

Mr. Balkan has received high praise from counsel from both sides of the bar who have appeared before him at mediations and arbitrations. He has been described as “an extraordinary, capable mediator,” “his considerable experience in legal fee disputes was masterful in bringing parties to a settlement agreement,” “thorough and well-prepared,” “extremely fair and unbiased and was able to neutrally point out each party’s strong and weak points of their case.”

Mr. Balkan was a founding and managing partner of a prestigious New York firm and has been in the position of Counsel to the firm since 1999. He has been awarded an AV Preeminent Peer Rating by Martindale-Hubble, the highest rating available, and a distinction given only to those possessing the highest ethical standards and professional ability. Mr. Balkan has taught Lawyers’ Ethics as a Special Professor of Law as part of the Adjunct Faculty of the Hofstra University School of Law between 2008 and 2013. In addition to having authored articles on professional liability, Mr. Balkan has lectured at the New York State Bar Association and Nassau County Bar Association on Ethics & Professionalism and Professional Liability. He also served as the former Chair of the Ethics Committee of the Bar Association of Nassau County.

Mr. Balkan has handled matters in all the counties and venues in the metropolitan and surrounding area including New York, Kings, Queens, Bronx, Richmond, Nassau, Suffolk, Westchester, Rockland, and Orange County.

Mr. Balkan is available to arbitrate and mediate cases throughout the N.Y. Metro area and nationwide.