AAA Handbook on Employment Arbitration and ADR - Third Edition
Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary , been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. This work begins with a general introduction to employment ADR, discussing such topics as where plaintiffs can better vindicate their rights, general employment law strategies, how to assess workplace disputes and conflicts, and options for resolution. Employers are offered valuable advice on how to implement a successful employment arbitration program, with real-life examples to work from. Mediation of employment conflicts and employment arbitration are explored and a comparison of the two is provided, including with respect to statutory employment conflicts.
Topics include respectfulness in the workplace, bullying, racial and cultural conflicts, sexual harassment, Disabilities Act disputes, airline disputes, weight discrimination, and discrimination based on marriage and pregnancy.
The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.
The American Arbitration Association (AAA), with its long history and experience in the field of alternative dispute resolution, provides services to individuals and organizations who wish to resolve conflicts out of court. The AAA, with a caseload of over 200,000 disputes administered, is the nation's largest full-service ADR provider.
Contributors:
Chapter 1: Michael Delikat and Morris M. Kleiner
Michael Delikat chairs the Employment Law Department at Orrick, Herrington & Sutcliffe LLP, an international law firm that represents employers in dispute resolution.
Morris M. Kleiner is a professor at the University of Minnesota. This chapter is adapted from a paper presented at a NYU Institute of Judicial Administration’s Research Conference on Arbitration.
Chapter 2: Paul Peter Nicolai
Paul Peter Nicolai is president of Nicolai Law Group. P.C., a firm that works with businesses on planning, ADR, and litigation matters. He holds a J.D. from Western New England College of Law and is admitted to the Massachusetts, New York, New Hampshire, Connecticut and Washington, D.C. Bars. Mr. Nicolai is also a member of the American Arbitration Association's national panel, has been recognized as a Best Lawyer in America for several years and has written many articles on business law issues, including Understanding Mass Claims Panels, which appeared in the DISPUTE RESOLUTION JOURNAL.
Chapter 3: Kirk Blackard, J.D.
Kirk Blackard, J.D., a Houston-based consultant and conflict resolution practitioner, serves on the panels of mediators of the U.S. Postal Service and the National Association of Securities Dealers, as well as on the Federal Mediation and Conciliation Service roster of arbitrators. He draws on thirty years' experience leading numerous business units at Shell Oil where he was instrumental in the development of Shell's internal conflict management system. He is author of Managing Change in a Unionized Workplace, and his articles have appeared in the DISPUTE RESOLUTION JOURNAL.
Chapter 4: Melissa Janis
Melissa Janis is President of Dovetail Solutions, LLC, a consulting practice specializing in workplace conflict resolution services. She provides organization development, mediation, and training services in the New York area.
Chapter 5: Michael Jedel, Helen LaVan and Robert Perkovich
Michael Jedel, D.B.A. is Professor Emeritus at Georgia State University.
Helen LaVan, Ph.D., is Professor of Management at DePaul University.
Robert Perkovich, J.D., is Assistant Professor of Management at DePaul University.
Chapter 6: Etty Liberman, Yael Foux Levy, and Peretz Segal
Etty Liberman heads the field of research at the National Center for Mediation and Conflict Resolution (NCMCR) in the Ministry of Justice, Israel. Her areas of research include programs for training mediators in small claims and labor courts, conflict management processes in organizations, community dispute resolution, and criminal restorative justice programs.
Yael Foux Levy is a Lawyer at the NCMCR. She heads the field of ADR in the workplace, in organizations and in business. She has established and operated practical experience programs and the applicable professional standards for mediators in courts throughout Israel.
Peretz Segal heads the Legal Advice and Legislation Department in the Ministry of Justice. In 1988, he established the NCMCR as an independently functioning unit within the Ministry. He works to advance the use of alternatives to the legal system.
Chapter 7: Bill Minick
Bill Minick is a Principal with PartnerSource, Inc., a human resource-consulting firm based in Dallas, which has implemented employment arbitration programs nationwide. Mr. Minick holds a J.D. from the Pepperdine University School of Law and a L.L.M. from the Southern Methodist University School of Law. He is the author of numerous articles in professional journals.
Chapter 8: Mary S. Elcano and Cynthia J. Hallberlin
Mary S. Elcano serves as General Counsel for the American Red Cross, the chief legal officer responsible for litigation and advice to the Red Cross corporate headquarters, chapters, and blood services regions for general corporate law, employment and labor law, ethics, ADR/mediation, federal regulatory matters, international law, estates and trusts and major Red Cross policy issues. She held successive senior management positions in Human Resources and culminated her career at the USPS as General Counsel and Executive Vice President of Human Resources in 2000. Ms. Elcano earned a B.A. from Lynchburg College and a J.D. from Catholic University.
Cynthia J. Hallberlin was formerly associated with the U.S. Postal Service as chief counsel of ADR.
Chapter 9: David A. Dilts
David A. Dilts is an arbitrator and mediator, and a Professor of economics at the School of Business andManagement Sciences at Indiana-Purdue University-Fort Wayne, Indiana.
Chapter 10: Kirk Blackard, J.D.
Kirk Blackard, J.D., a Houston-based consultant and conflict resolution practitioner, serves on the panels of mediators of the U.S. Postal Service and the National Association of Securities Dealers, as well as on the Federal Mediation and Conciliation Service roster of arbitrators. He draws on thirty years experience leading numerous business units at Shell Oil where he was instrumental in the development of Shell's internal conflict management system. He is author of Managing Change in a Unionized Workplace, and his articles have appeared in the DISPUTE RESOLUTION JOURNAL.
Chapter 11: James H. Keil
James H. Keil is founder of Adaptive Consulting Team--a dispute management consulting firm. He is a former professional football player and commissioned naval officer who served honorably during the Vietnam era. He was a corporate sales and marketing manager for three Fortune 500 Companies in a number of regions of the United States and has served as a major policy-making official in Maine State government. He is on the American Arbitration Association’s commercial mediation and arbitration panels, and is a member of the AAA's New England Construction Advisory Council.
Chapter 12: Ira B. Lobel
Ira B. Lobel currently has a private practice devoted exclusively to arbitration and mediation. He is a member of the National Academy of Arbitrators and the Association for Conflict Resolution. When this chapter was initially written, he was a mediator with the Federal Mediation and Conciliation Service (FMCS), a position he held from 1973 to 2003. He holds a B.S. from the New York State School of Industrial and Labor Relations at Cornell University and a J.D. from the Catholic University of America.
Chapter 13: Rosemary A. Townley
Rosemary A. Townley is a full-time arbitrator and mediator based in the New York City area and was a former adjunct Professor of law St. John's University Law School. She is a member of the National Academy of Arbitrators Board of Governors and the AAA's National Employment, Labor, Commercial and Int'l Tribunals. She is also the past Chair of the Labor and Employment Law Section of the New York State Bar Association and serves on its Executive Committee. Ms. Townley is a contributing author to HOW ADR WORKS (BNA, 2002).
Chapter 14: Vivian Berger
Vivian Berger is the Nash Professor of Law Emerita at Columbia Law School. An active mediator since the mid-1990s, Prof. Berger specializes in employment mediation. She mediates privately, serves on the AAA mediation panel and mediates employment disputes for the Equal Employment Opportunity Commission and the U.S. District Courts for the Southern and Eastern Districts of New York. She has met the criteria for the designation Advanced Practitioner in employment mediation by the Association for Conflict Resolution.
Chapter 15: Stephen B. Goldberg
Stephen B. Goldberg is a Professor of Law at Northwestern University School of Law in Chicago. He is a co-author (with William L. Ury and Professor Jeanne M. Brett) of Getting Disputes Resolved: Designing Systems to Cut the Costs of Conflict (Jossey- Bass, 1988; Program on Negotiation at Harvard Law School, 1993).
Chapter 16: Johnnie Scott Jr.
Johnnie Scott Jr. is a San Francisco-based mediator and arbitrator who serves on the American Arbitration Association's roster of neutrals. Previously, Mr. Scott served as an administrative judge with the Equal Employment Opportunity Commission and as a commissioner of mediation with the Federal Mediation and Conciliation Service. He also has worked as a mental health specialist and counselor.
Chapter 17: Matthew W. Daus and Jason R. Mischel
Matthew W. Daus is a Partner at Windels Marx Lane & Mittendorf, LLP, and a member of its Employment Law practice. He previously served as Commissioner and Chairman of the New York City Taxi and Limousine Commission (“TLC”) for eight and one half years, appointed by Mayors Giuliani, Bloomberg and the New York City Council. Prior to his tenure as the TLC's longest serving Chief Executive Officer, Mr. Daus served as General Counsel to the Commission and Deputy Commissioner for Legal Affairs since 1998, and before that, as Special Counsel to the TLC Chair, supervising over 75 lawyers and Administrative Law Judges. Mr. Daus received a Master of Laws in Employment Law from the New York University School of Law.
Jason R. Mischel is Counsel to Windels Marx Lane & Mittendorf, LLP, and a member of its Employment Law practice. He previously served as Commissioner and General Counsel of the New York City Mayor's Office for People With Disabilities, serving as an Advisor to Mayor Michael Bloomberg on all disability-related issues for nearly a decade.
Chapter 18: Richard D. Fincher
Richard D. Fincher is a full-time Attorney-Mediator of workplace disputes, commercial claims, and employment class action litigation. He has resolved over 1500 matters during his career. His latest class settlement alleged pregnancy discrimination of private security guards. He regularly teaches at the Scheinman Institute on Conflict Resolution at Cornell University, has presented over fifty CLEs on various themes of employment ADR, and is an elected member of the National Academy of Arbitrators.
Chapter 19: Samuel H. DeShazer and Judy Cohen
Samuel H. DeShazer is a Shareholder with the Louisville office of Hall, Render, Killian, Heath & Lyman, PSC where his primary practice areas are management, labor relations and personnel law. Mr. DeShazer holds a B.A. from Western Kentucky University and a J.D. from the University of Louisville. He is on several arbitration/mediation panels, and has served as neutral in a number of disability cases.
Judy Cohen is Executive Director of Access Resources, a New York City-based mediation firm concentrating in workplace and disability-related disputes. Ms. Cohen is a neutral on many mediation rosters, including the United States District Court, Eastern District for the State of New York She has published and presented extensively on the topic of Americans with Disabilities Act and ADR.
Chapter 20: Arnold M. Zack
Arnold Zack is a Mediator and Arbitrator of labor-management disputes, a teacher at the Labor and Worklife Program at Harvard Law School, and author of 12 books on dispute resolution and international labor issues. He is a member of the Visiting Committee on Human Resources at Harvard University, and he chairs the Executive Committee of the Alliance for Education in Dispute Resolution. Mr. Zack, a former president of the National Academy of Arbitrators, has been appointed to four Presidential Emergency Boards. He co-chaired the Due Process Task Force which produced the Due Process Protocol for the Mediation and Arbitration of Statutory Employment Disputes. He has received numerous awards, including the Distinguished Service Award for Labor Management Arbitration, the Whitney North Seymour Medal of the American Arbitration Association, and the Cushing Gavin Award of the Archdiocese of Boston.
Chapter 21: Edward E. Shumaker, III
Edward E. Shumaker, III is a former U.S. ambassador to Trinidad. He currently serves as executive director and general counsel of the New Hampshire Education Association. He is a Fellow of the College of Labor and Employment Lawyers and chairs a subcommittee of the American Bar Association's Section of Dispute Resolution. He serves as a neutral on the rosters of the American Arbitration Association for commercial and employment disputes.
Chapter 22: Andrew W. Violin
Andrew W. Volin, a member of Sherman & Howard L.L.C., has practiced in the firm's labor and employment law department since 1989. Mr. Volin earned a B.A. from the University of Virginia and a J.D. from the University of Virginia, School of Law. This article was originally drafted in 1998, and revised in 2015 to incorporate intervening Supreme Court decisions.
Chapter 23: Claudio Orr
Claudia Orr is a Senior Attorney at Plunkett Cooney in Detroit Michigan. She focuses her practice primarily in the area of labor and employment law but she has as Best Lawyers in America® for Labor & Employment has received Martindale-Hubbell’s highest rating- AV Preeminent™ Peer Review Rated (AV Preeminent is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell® certification procedures, standards and policies); and is listed as a Top Lawyer in Labor & Employment, Business Magazine, 2010.
Chapter 24: Clarence R. Deitsch
The late Clarence R. Deitsch (d. 2015) was a labor arbitrator and Professor of Economics at Ball State University in Muncie, Indiana.
Chapter 25: Benjamin Wolkinson and Mark Roehling
Benjamin Wolkinson is a Professor on the faculty at the Michigan State University's School of Labor and Industrial Relations. Dr. Wolkinson is a member of the National Academy of Arbitrators.
Mark Roehling is on the faculty at Michigan State University's School of Labor and Industrial Relations. Dr. Roehling holds the title of Associate Professor.
Chapter 26: Alfred G. Feliu and Sara Sheinkin Kula
Alfred G. Feliu is a Partner in Vandenberg & Feliu, L.L.P. in New York City, and is the former chair of the Labor & Employment Law Section of the New York State Bar Association. He is also the Editor-in-Chief of ADR in Employment Law (Bloomberg BNA Books 2015) and serves on the Employment, Complex Commercial, and Class Action Panels of the American Arbitration Association.
Sara Sheinkin Kula is an employment attorney and mediator in New York City. She currently works as the Assistant General Counsel for Town Sports International, LLC. Ms. Kula received her J.D. from the University of Pennsylvania.
Chapter 27: Stephen K. Huber and Susan C. Zuckerman
Stephen K. Huber is the Foundation Professor of Law at the University of Houston Law Center. He has law degrees from the University of Chicago and Yale University, and has also taught law at the University of Texas, Pepperdine University, Rice University, and the University of East Africa (Dar es Salaam, Tanzania). Professor Huber is the author of many articles and several books, including The Bank Officer's Handbook of Government Regulation (2d ed. 1989); Arbitration: Cases and Materials (2d ed. 2006) (with Maureen Weston); and Mediation and Negotiation: Reaching Agreement in Law and Business (2d rev. ed. 2007) (with Wendy Trachte-Huber). He is the editor of Alternative Resolutions, the quarterly journal of the Dispute Resolute Section of the State Bar of Texas.
Susan C. Zuckerman, an attorney, is the former editor of ADR CURRENTS and author of numerous articles on Alternate Dispute Resolution topics, including SDNY Declines Enforcement of NY Convention Award, DISPUTE RESOLUTION JOURNAL, 2/1/04; Construction: Who may serve as arbitrator, DISPUTE RESOLUTION JOURNAL, 5/1/02; Employment: Modified standard of review, DISPUTE RESOLUTION JOURNAL, 5/1/02; Oil and gas: Removal jurisdiction and the New York convention, DISPUTE RESOLUTION JOURNAL, 5/1/02; and Health care: Equitable estoppel, DISPUTE RESOLUTION JOURNAL, 5/1/02.
Chapter 28: Robert L. Arrington, Aaron Duffy and Elizabeth Rita
Robert L. Arrington is Chairman of Wilson Worley Moore Gamble & Stout PC in Kingsport, Tenn., where he has practiced law for 40 years. His law practice includes labor and employment law and business litigation. He serves on the American Arbitration Association’s roster of neutrals for commercial and employment cases.
Aaron Duffy is the Vice President of Legal Affairs at Appalachian Community Federal Credit Union. Among other duties, Aaron leads Human Resources, oversees all dispute resolutions, and drafts policies for the credit union.
Elizabeth Rita is a Partner in the boutique employment law practice, Kelly Stacy & Rita, LLC in Denver, Colo. She is also owns In-House Investigations, LLC, and in that capacity has provided neutral third-party investigations of workplace complaints, EEOC charges and related issues. Elizabeth has spoken and written on social networking for the American Arbitration Association, the Colorado Bar Association, and NAFSA, an association of international educators.
Chapter 29: Evan J. Spelfogel
Evan J. Spelfogel is a member of Epstein Becker & Green, P.C., specializing in labor and employment and employee benefits law. After graduating from law school, Mr. Spelfogel served five years with the United States Department of Labor, Office of the Solicitor and the National Labor Relations Board. He is a co-founder and past chair of the New York State Bar Association's Section of Labor and Employment Law, was a long-time member of the governing Council of the American Bar Association's Labor & Employment Law Section, is an adjunct professor at Columbia Law School, and is a fellow of the College of Labor and Employment Lawyers. Judah L. Rosenblatt, Georgetown Law School '2016, a summer associate at Epstein Becker & Green, assisted in the update of this chapter.
Chapter 30: Joseph D. Garrison
Joseph D. Garrison is Managing Shareholder in Garrison, Phelan, Levin-Epstein & Penzel, P.C., New Haven, Conn., where he focuses his practice on employee rights and labor law. Mr. Garrison received a B.A. from Wesleyan University and a J.D. from Cornell Law School. He has extensive successful experience on both state and federal trial and appellate courts with employment law and discrimination cases and has been listed in The Best Lawyers in America since 1989.
Chapter 31: H. David Kelly, Jr.
H. David Kelly, Jr. has been a Partner in the Washington, D.C. law firm of Beins Axelrod, P.C. since 2003 and continues to practice in the areas of labor, employment and employee benefits. Mr. Kelly received his LL.M. in Labor from Wayne State University, his J.D. from the Northeastern University School of Law, and his B.G.S. from the University of Michigan. He is the author of several articles on Arbitration and United States Supreme Court action.
Chapter 32: David A. Dilts and Hedayeh Samavati
David A. Dilts is a Professor and Hedayeh Samavati is an Associate Professor in the Department of Economics, School of Business & Management Sciences, at Indiana University--Purdue University--Fort Wayne.
The American Arbitration Association (AAA), with its long history and experience in the field of alternative dispute resolution, provides services to individuals and organizations who wish to resolve conflicts out of court. The AAA, with a caseload of over 200,000 disputes administered, is the nation's largest full-service ADR provider.
Contributors:
Chapter 1: Michael Delikat and Morris M. Kleiner
Michael Delikat chairs the Employment Law Department at Orrick, Herrington & Sutcliffe LLP, an international law firm that represents employers in dispute resolution.
Morris M. Kleiner is a professor at the University of Minnesota. This chapter is adapted from a paper presented at a NYU Institute of Judicial Administration’s Research Conference on Arbitration.
Chapter 2: Paul Peter Nicolai
Paul Peter Nicolai is president of Nicolai Law Group. P.C., a firm that works with businesses on planning, ADR, and litigation matters. He holds a J.D. from Western New England College of Law and is admitted to the Massachusetts, New York, New Hampshire, Connecticut and Washington, D.C. Bars. Mr. Nicolai is also a member of the American Arbitration Association's national panel, has been recognized as a Best Lawyer in America for several years and has written many articles on business law issues, including Understanding Mass Claims Panels, which appeared in the DISPUTE RESOLUTION JOURNAL.
Chapter 3: Kirk Blackard, J.D.
Kirk Blackard, J.D., a Houston-based consultant and conflict resolution practitioner, serves on the panels of mediators of the U.S. Postal Service and the National Association of Securities Dealers, as well as on the Federal Mediation and Conciliation Service roster of arbitrators. He draws on thirty years' experience leading numerous business units at Shell Oil where he was instrumental in the development of Shell's internal conflict management system. He is author of Managing Change in a Unionized Workplace, and his articles have appeared in the DISPUTE RESOLUTION JOURNAL.
Chapter 4: Melissa Janis
Melissa Janis is President of Dovetail Solutions, LLC, a consulting practice specializing in workplace conflict resolution services. She provides organization development, mediation, and training services in the New York area.
Chapter 5: Michael Jedel, Helen LaVan and Robert Perkovich
Michael Jedel, D.B.A. is Professor Emeritus at Georgia State University.
Helen LaVan, Ph.D., is Professor of Management at DePaul University.
Robert Perkovich, J.D., is Assistant Professor of Management at DePaul University.
Chapter 6: Etty Liberman, Yael Foux Levy, and Peretz Segal
Etty Liberman heads the field of research at the National Center for Mediation and Conflict Resolution (NCMCR) in the Ministry of Justice, Israel. Her areas of research include programs for training mediators in small claims and labor courts, conflict management processes in organizations, community dispute resolution, and criminal restorative justice programs.
Yael Foux Levy is a Lawyer at the NCMCR. She heads the field of ADR in the workplace, in organizations and in business. She has established and operated practical experience programs and the applicable professional standards for mediators in courts throughout Israel.
Peretz Segal heads the Legal Advice and Legislation Department in the Ministry of Justice. In 1988, he established the NCMCR as an independently functioning unit within the Ministry. He works to advance the use of alternatives to the legal system.
Chapter 7: Bill Minick
Bill Minick is a Principal with PartnerSource, Inc., a human resource-consulting firm based in Dallas, which has implemented employment arbitration programs nationwide. Mr. Minick holds a J.D. from the Pepperdine University School of Law and a L.L.M. from the Southern Methodist University School of Law. He is the author of numerous articles in professional journals.
Chapter 8: Mary S. Elcano and Cynthia J. Hallberlin
Mary S. Elcano serves as General Counsel for the American Red Cross, the chief legal officer responsible for litigation and advice to the Red Cross corporate headquarters, chapters, and blood services regions for general corporate law, employment and labor law, ethics, ADR/mediation, federal regulatory matters, international law, estates and trusts and major Red Cross policy issues. She held successive senior management positions in Human Resources and culminated her career at the USPS as General Counsel and Executive Vice President of Human Resources in 2000. Ms. Elcano earned a B.A. from Lynchburg College and a J.D. from Catholic University.
Cynthia J. Hallberlin was formerly associated with the U.S. Postal Service as chief counsel of ADR.
Chapter 9: David A. Dilts
David A. Dilts is an arbitrator and mediator, and a Professor of economics at the School of Business andManagement Sciences at Indiana-Purdue University-Fort Wayne, Indiana.
Chapter 10: Kirk Blackard, J.D.
Kirk Blackard, J.D., a Houston-based consultant and conflict resolution practitioner, serves on the panels of mediators of the U.S. Postal Service and the National Association of Securities Dealers, as well as on the Federal Mediation and Conciliation Service roster of arbitrators. He draws on thirty years experience leading numerous business units at Shell Oil where he was instrumental in the development of Shell's internal conflict management system. He is author of Managing Change in a Unionized Workplace, and his articles have appeared in the DISPUTE RESOLUTION JOURNAL.
Chapter 11: James H. Keil
James H. Keil is founder of Adaptive Consulting Team--a dispute management consulting firm. He is a former professional football player and commissioned naval officer who served honorably during the Vietnam era. He was a corporate sales and marketing manager for three Fortune 500 Companies in a number of regions of the United States and has served as a major policy-making official in Maine State government. He is on the American Arbitration Association’s commercial mediation and arbitration panels, and is a member of the AAA's New England Construction Advisory Council.
Chapter 12: Ira B. Lobel
Ira B. Lobel currently has a private practice devoted exclusively to arbitration and mediation. He is a member of the National Academy of Arbitrators and the Association for Conflict Resolution. When this chapter was initially written, he was a mediator with the Federal Mediation and Conciliation Service (FMCS), a position he held from 1973 to 2003. He holds a B.S. from the New York State School of Industrial and Labor Relations at Cornell University and a J.D. from the Catholic University of America.
Chapter 13: Rosemary A. Townley
Rosemary A. Townley is a full-time arbitrator and mediator based in the New York City area and was a former adjunct Professor of law St. John's University Law School. She is a member of the National Academy of Arbitrators Board of Governors and the AAA's National Employment, Labor, Commercial and Int'l Tribunals. She is also the past Chair of the Labor and Employment Law Section of the New York State Bar Association and serves on its Executive Committee. Ms. Townley is a contributing author to HOW ADR WORKS (BNA, 2002).
Chapter 14: Vivian Berger
Vivian Berger is the Nash Professor of Law Emerita at Columbia Law School. An active mediator since the mid-1990s, Prof. Berger specializes in employment mediation. She mediates privately, serves on the AAA mediation panel and mediates employment disputes for the Equal Employment Opportunity Commission and the U.S. District Courts for the Southern and Eastern Districts of New York. She has met the criteria for the designation Advanced Practitioner in employment mediation by the Association for Conflict Resolution.
Chapter 15: Stephen B. Goldberg
Stephen B. Goldberg is a Professor of Law at Northwestern University School of Law in Chicago. He is a co-author (with William L. Ury and Professor Jeanne M. Brett) of Getting Disputes Resolved: Designing Systems to Cut the Costs of Conflict (Jossey- Bass, 1988; Program on Negotiation at Harvard Law School, 1993).
Chapter 16: Johnnie Scott Jr.
Johnnie Scott Jr. is a San Francisco-based mediator and arbitrator who serves on the American Arbitration Association's roster of neutrals. Previously, Mr. Scott served as an administrative judge with the Equal Employment Opportunity Commission and as a commissioner of mediation with the Federal Mediation and Conciliation Service. He also has worked as a mental health specialist and counselor.
Chapter 17: Matthew W. Daus and Jason R. Mischel
Matthew W. Daus is a Partner at Windels Marx Lane & Mittendorf, LLP, and a member of its Employment Law practice. He previously served as Commissioner and Chairman of the New York City Taxi and Limousine Commission (“TLC”) for eight and one half years, appointed by Mayors Giuliani, Bloomberg and the New York City Council. Prior to his tenure as the TLC's longest serving Chief Executive Officer, Mr. Daus served as General Counsel to the Commission and Deputy Commissioner for Legal Affairs since 1998, and before that, as Special Counsel to the TLC Chair, supervising over 75 lawyers and Administrative Law Judges. Mr. Daus received a Master of Laws in Employment Law from the New York University School of Law.
Jason R. Mischel is Counsel to Windels Marx Lane & Mittendorf, LLP, and a member of its Employment Law practice. He previously served as Commissioner and General Counsel of the New York City Mayor's Office for People With Disabilities, serving as an Advisor to Mayor Michael Bloomberg on all disability-related issues for nearly a decade.
Chapter 18: Richard D. Fincher
Richard D. Fincher is a full-time Attorney-Mediator of workplace disputes, commercial claims, and employment class action litigation. He has resolved over 1500 matters during his career. His latest class settlement alleged pregnancy discrimination of private security guards. He regularly teaches at the Scheinman Institute on Conflict Resolution at Cornell University, has presented over fifty CLEs on various themes of employment ADR, and is an elected member of the National Academy of Arbitrators.
Chapter 19: Samuel H. DeShazer and Judy Cohen
Samuel H. DeShazer is a Shareholder with the Louisville office of Hall, Render, Killian, Heath & Lyman, PSC where his primary practice areas are management, labor relations and personnel law. Mr. DeShazer holds a B.A. from Western Kentucky University and a J.D. from the University of Louisville. He is on several arbitration/mediation panels, and has served as neutral in a number of disability cases.
Judy Cohen is Executive Director of Access Resources, a New York City-based mediation firm concentrating in workplace and disability-related disputes. Ms. Cohen is a neutral on many mediation rosters, including the United States District Court, Eastern District for the State of New York She has published and presented extensively on the topic of Americans with Disabilities Act and ADR.
Chapter 20: Arnold M. Zack
Arnold Zack is a Mediator and Arbitrator of labor-management disputes, a teacher at the Labor and Worklife Program at Harvard Law School, and author of 12 books on dispute resolution and international labor issues. He is a member of the Visiting Committee on Human Resources at Harvard University, and he chairs the Executive Committee of the Alliance for Education in Dispute Resolution. Mr. Zack, a former president of the National Academy of Arbitrators, has been appointed to four Presidential Emergency Boards. He co-chaired the Due Process Task Force which produced the Due Process Protocol for the Mediation and Arbitration of Statutory Employment Disputes. He has received numerous awards, including the Distinguished Service Award for Labor Management Arbitration, the Whitney North Seymour Medal of the American Arbitration Association, and the Cushing Gavin Award of the Archdiocese of Boston.
Chapter 21: Edward E. Shumaker, III
Edward E. Shumaker, III is a former U.S. ambassador to Trinidad. He currently serves as executive director and general counsel of the New Hampshire Education Association. He is a Fellow of the College of Labor and Employment Lawyers and chairs a subcommittee of the American Bar Association's Section of Dispute Resolution. He serves as a neutral on the rosters of the American Arbitration Association for commercial and employment disputes.
Chapter 22: Andrew W. Violin
Andrew W. Volin, a member of Sherman & Howard L.L.C., has practiced in the firm's labor and employment law department since 1989. Mr. Volin earned a B.A. from the University of Virginia and a J.D. from the University of Virginia, School of Law. This article was originally drafted in 1998, and revised in 2015 to incorporate intervening Supreme Court decisions.
Chapter 23: Claudio Orr
Claudia Orr is a Senior Attorney at Plunkett Cooney in Detroit Michigan. She focuses her practice primarily in the area of labor and employment law but she has as Best Lawyers in America® for Labor & Employment has received Martindale-Hubbell’s highest rating- AV Preeminent™ Peer Review Rated (AV Preeminent is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell® certification procedures, standards and policies); and is listed as a Top Lawyer in Labor & Employment, Business Magazine, 2010.
Chapter 24: Clarence R. Deitsch
The late Clarence R. Deitsch (d. 2015) was a labor arbitrator and Professor of Economics at Ball State University in Muncie, Indiana.
Chapter 25: Benjamin Wolkinson and Mark Roehling
Benjamin Wolkinson is a Professor on the faculty at the Michigan State University's School of Labor and Industrial Relations. Dr. Wolkinson is a member of the National Academy of Arbitrators.
Mark Roehling is on the faculty at Michigan State University's School of Labor and Industrial Relations. Dr. Roehling holds the title of Associate Professor.
Chapter 26: Alfred G. Feliu and Sara Sheinkin Kula
Alfred G. Feliu is a Partner in Vandenberg & Feliu, L.L.P. in New York City, and is the former chair of the Labor & Employment Law Section of the New York State Bar Association. He is also the Editor-in-Chief of ADR in Employment Law (Bloomberg BNA Books 2015) and serves on the Employment, Complex Commercial, and Class Action Panels of the American Arbitration Association.
Sara Sheinkin Kula is an employment attorney and mediator in New York City. She currently works as the Assistant General Counsel for Town Sports International, LLC. Ms. Kula received her J.D. from the University of Pennsylvania.
Chapter 27: Stephen K. Huber and Susan C. Zuckerman
Stephen K. Huber is the Foundation Professor of Law at the University of Houston Law Center. He has law degrees from the University of Chicago and Yale University, and has also taught law at the University of Texas, Pepperdine University, Rice University, and the University of East Africa (Dar es Salaam, Tanzania). Professor Huber is the author of many articles and several books, including The Bank Officer's Handbook of Government Regulation (2d ed. 1989); Arbitration: Cases and Materials (2d ed. 2006) (with Maureen Weston); and Mediation and Negotiation: Reaching Agreement in Law and Business (2d rev. ed. 2007) (with Wendy Trachte-Huber). He is the editor of Alternative Resolutions, the quarterly journal of the Dispute Resolute Section of the State Bar of Texas.
Susan C. Zuckerman, an attorney, is the former editor of ADR CURRENTS and author of numerous articles on Alternate Dispute Resolution topics, including SDNY Declines Enforcement of NY Convention Award, DISPUTE RESOLUTION JOURNAL, 2/1/04; Construction: Who may serve as arbitrator, DISPUTE RESOLUTION JOURNAL, 5/1/02; Employment: Modified standard of review, DISPUTE RESOLUTION JOURNAL, 5/1/02; Oil and gas: Removal jurisdiction and the New York convention, DISPUTE RESOLUTION JOURNAL, 5/1/02; and Health care: Equitable estoppel, DISPUTE RESOLUTION JOURNAL, 5/1/02.
Chapter 28: Robert L. Arrington, Aaron Duffy and Elizabeth Rita
Robert L. Arrington is Chairman of Wilson Worley Moore Gamble & Stout PC in Kingsport, Tenn., where he has practiced law for 40 years. His law practice includes labor and employment law and business litigation. He serves on the American Arbitration Association’s roster of neutrals for commercial and employment cases.
Aaron Duffy is the Vice President of Legal Affairs at Appalachian Community Federal Credit Union. Among other duties, Aaron leads Human Resources, oversees all dispute resolutions, and drafts policies for the credit union.
Elizabeth Rita is a Partner in the boutique employment law practice, Kelly Stacy & Rita, LLC in Denver, Colo. She is also owns In-House Investigations, LLC, and in that capacity has provided neutral third-party investigations of workplace complaints, EEOC charges and related issues. Elizabeth has spoken and written on social networking for the American Arbitration Association, the Colorado Bar Association, and NAFSA, an association of international educators.
Chapter 29: Evan J. Spelfogel
Evan J. Spelfogel is a member of Epstein Becker & Green, P.C., specializing in labor and employment and employee benefits law. After graduating from law school, Mr. Spelfogel served five years with the United States Department of Labor, Office of the Solicitor and the National Labor Relations Board. He is a co-founder and past chair of the New York State Bar Association's Section of Labor and Employment Law, was a long-time member of the governing Council of the American Bar Association's Labor & Employment Law Section, is an adjunct professor at Columbia Law School, and is a fellow of the College of Labor and Employment Lawyers. Judah L. Rosenblatt, Georgetown Law School '2016, a summer associate at Epstein Becker & Green, assisted in the update of this chapter.
Chapter 30: Joseph D. Garrison
Joseph D. Garrison is Managing Shareholder in Garrison, Phelan, Levin-Epstein & Penzel, P.C., New Haven, Conn., where he focuses his practice on employee rights and labor law. Mr. Garrison received a B.A. from Wesleyan University and a J.D. from Cornell Law School. He has extensive successful experience on both state and federal trial and appellate courts with employment law and discrimination cases and has been listed in The Best Lawyers in America since 1989.
Chapter 31: H. David Kelly, Jr.
H. David Kelly, Jr. has been a Partner in the Washington, D.C. law firm of Beins Axelrod, P.C. since 2003 and continues to practice in the areas of labor, employment and employee benefits. Mr. Kelly received his LL.M. in Labor from Wayne State University, his J.D. from the Northeastern University School of Law, and his B.G.S. from the University of Michigan. He is the author of several articles on Arbitration and United States Supreme Court action.
Chapter 32: David A. Dilts and Hedayeh Samavati
David A. Dilts is a Professor and Hedayeh Samavati is an Associate Professor in the Department of Economics, School of Business & Management Sciences, at Indiana University--Purdue University--Fort Wayne.