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Donald A. Kessler
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Judge Kessler serves as a private arbitrator, mediator and trial consultant in complex commercial, employment, construction and healthcare disputes. He has chaired several three-arbitrator panels, has served as the sole arbitrator in more than 100 cases, and has mediated over 120 matters, many involving multimillion dollar claims. 

Judge Kessler’s experience in the resolution of business, construction and healthcare disputes includes the breach, enforcement and interpretation of complex commercial business contracts, corporate and partnership disputes, minority shareholder oppression cases, business dissolutions, claims of business fraud, breach of fiduciary duties, Stark and Anti-Kickback violations in medical contracts, real estate matters including title and specific performance issues, breach and enforcement of commercial leases, and legal malpractice and professional negligence matters.

In the area of employment disputes, his experience encompasses the breach, enforcement and interpretation of employment contracts, executive compensation issues, restrictive covenant and trade secret matters, employee misclassification disputes, wrongful termination claims, whistleblower and discrimination, harassment, and retaliation matters.

Prior to joining the firm, Judge Kessler served on the bench of the New Jersey Superior Court, Essex Vicinage from 2009-2019 in the Chancery Division. During his tenure as a Chancery Division judge, he presided over and oversaw complex business and employment non-jury trials and motions. He was frequently asked to lecture before bar and judicial groups on a variety of topics related to his areas of expertise and was also called upon to teach at the New Jersey Judicial College for six years and at new judge orientation.

Prior to his service in the New Jersey Judiciary, Judge Kessler spent 35 years in private practice representing corporate and individual clients on complex litigation and business counseling. He also represented Chilton Memorial Hospital in Pompton Plains for 27 years and several physicians, physician practices, lawyers and law firms with respect to a variety of legal matters. His clients also included several businesses including a real estate developer who owned an office park which contained more than one million feet of commercial and warehouse space and one of the largest drywall subcontractors in the United States. He also handled a number of employment claims for individual employees and represented one of the largest wholesalers of newspapers and magazines in the world in a variety of employment matters.

Results may vary depending on your particular facts and legal circumstances.

Bar Admissions

  • New Jersey, 1974
  • U.S. District Court, District of New Jersey, 1974
  • U.S. Court of Appeals, Third Circuit, 1979

Education

  • New York University School of Law, J.D., 1974
  • Union College, B.A., 1971

Clerkships

  • Former law secretary to The Honorable Harold Kolovsky, Presiding Judge, Superior Court of New Jersey, Appellate Division 
  • Qualified by the New Jersey Supreme Court as a R.1:40 mediator
  • New Jersey State Bar Association; Dispute Resolution Section; Business and Commercial Litigation  Special Committee; Equity Jurisprudence Special Committee
  • New Jersey Supreme Court; Committee on Complementary Dispute Resolution, Vice Chair; Committee on Women in the Courts Subcommittee on Judicial Education, Co-Chair; Subcommittee on Domestic Violence and Non-Dissolution Matters (past co-Chair)
  • Essex County Bar Association
  • Justice Marie L. Garibaldi American Inn of Court for Alternative Dispute Resolution 
  • New Jersey Board of Bar Examiners (Former Chairman and Member)
  • Boys and Girls Clubs of Newark Board of Trustees (former Member)
  • American Arbitration Association; Chair and Panelist, Commercial, Employment, and Healthcare Arbitration Panels; Commercial and Employment Mediation Panels
  • American Bar Association, Dispute Resolution Section

  • Served as corporate counsel to Chilton Memorial Hospital in Pompton Plains, NJ for over 25 years