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 the NYU Institute of Judicial Administration’s Research Conference on Arbitration, Sept. 19-20, 2002.
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: David Benck
David Benck is a corporate attorney with a special emphasis in employment law. He has been involved in developing employment policies, training and counseling, implementing procedures, conducting internal investigations, company reductions in force, and mediations and negotiations with the Equal Employment Opportunity Commission, the U.S. Department of Labor, and state counterparts. Mr. Benck is currently associated with Momentum Business Solutions in Birmingham, Alabama.
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 and Management Sciences at Indiana-Purdue University-Fort Wayne, Indiana.
Chapter 10: William L. Bedman
William L. Bedman is Assistant General Counsel of Human Resources, specializing in labor and employee relations, for Halliburton Company and has been with that company for the past twenty-five years. He is the legal architect for the Halliburton Dispute Resolution Program and is involved with the administration of the Program. He received a B.A. from Tulane University and earned his law degree from the University of Texas School of Law.
Chapter 11: 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 12: 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 13: 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 14: 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 15: 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 16: Lamont E. Stallworth and Larry Rute
Dr. Lamont Stallworth is a Professor at the Institute of Human Resources and Industrial Relations, Loyola University Chicago. He is also the founder and chair of the Center for Employment Dispute Resolution (CEDR) in Chicago, and a member of the National Academy of Arbitrators. CEDR is an IRS 501(c)3 ADR public policy and education organization.
Larry Rute, Esq. is a Partner and co-founder of Associates in Dispute Resolution. He served as Executive Director of the Midland Mediation and Settlement Services, Inc. (Topeka, Kansas) and as General Counsel and Litigation Director of Kansas Legal Services.
Chapter 17: 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 18: 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 19: Matthew W. Daus
Matthew W. Daus is the commissioner/chairperson of the New York City Taxi & Limousine Commission. He is the former general counsel to the Commisssion and the New York City Community Development Agency and a former prosecutor with the New York City Commission on Human Rights. Mr. Daus received a J.D. from Tuoro School of Law and a Masters of Law from New York University School of Law. This chapter is solely the work of the author in his private capacity and should not be construed to represent the official views of the City of New York.
Chapter 20: Carrie Bond
Carrie Bond is a graduate of Northern Arizona University and Fordham University Law School. She has worked at the New York Society for the Prevention of Cruelty to Children where she was involved in custody mediation. Ms. Bond is the author of Shattering the Myth: Mediating Sexual Harassment Disputes in the Workplace, FORDHAM LAW REVIEW 65 (1997).
Chapter 21: Dr. Lamont Stallworth
Dr. Lamont Stallworth is a Professor at the Institute of Human Resources and Employment Relations, Loyola University Chicago. He is also the founder and chair of the Center for Employment Dispute Resolution (CEDR) an IRS 501C(3) not for profit ADR public policy research and education organization.
Chapter 22: Samuel H. DeShazer and Judy Cohen
Samuel H. DeShazer practices 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 the faculty and planning committee of the ADA Mediation Institute, a program of the Access Center partnership and the University of Louisville Labor-Management Center.
Judy Cohen is Executive Director of Access Resources, a New York City-based mediation and consulting firm concentrating in Americans with Disabilities Act and other disability-related disputes and is a neutral in the mediation programs of the U.S. Department of Justice, the New York State Division of Human Rights Downstate, and the Victim Services Human Rights program. She is on the labor arbitration panels of the American Arbitration Association, the New York State Employment Relations Board, and the New Jersey State Board of Mediation. She has published and presented extensively on the topic of Americans with Disabilities Act and ADR.
Chapter 23: Arnold 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 24: 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 25: Samuel Estreicher
Samuel Estreicher is the Dwight D. Opperman Professor of Law, Co-Director of the Institute of Judicial Administration, and Director, Center for Labor and Employment Law at New York University School of Law. He was co-counsel for petitioner in Circuit City Stores v. Adams. Mr. Estreicher earned an A.B. from Columbia College, a M.S. in Industrial Relations from Cornell University and a J.D. from Columbia Law School. He is the author of FOUNDATIONS OF LABOR AND EMPLOYMENT LAW (Foundation Press, 2000) (with Stewart J. Schwab).
Chapter 26: Andrew W. Volin
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. He is a former member of the editorial review board of The Colorado Labor Letter and has written extensively in the area of employment issues.
Chapter 27: Clarence R. Deitsch
Clarence R. Deitsch is a Professor of Economics at Ball State University in Muncie, Indiana. He is also a labor arbitrator.
Chapter 28: 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 29: Alfred G. Feliu
Alfred G. Feliu is a Partner in Vandenberg & Feliu, L.L.P. in New York City. He serves on the Employment, Commercial, and Class Action Panels of the American Arbitration Association. Mr. Feliu received a B.A. and J.D. from Columbia University. The author acknowledges the valued assistance of Christine Bashian, a third year law student at Brooklyn Law School, in the preparation of the revision of this chapter.
Chapter 30: 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 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 31: Andrea Fitz
Andrea Fitz is currently an attorney at Bloomberg LP, managing the Labor & Employment analyst group of BLAW. The author practiced as an Assistant Corporation Counsel with the City of New York’s Law Department, specializing in labor and employment litigation brought against the City, and as a former associate of Epstein, Becker & Green P.C., specializing in traditional labor, arbitration, compliance, human resources training, and employment litigation.
Chapter 32: 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, and is a fellow of the College of Labor and Employment Lawyers.
Chapter 33: Martin J. Oppenheimer and Cameron Johnstone
Martin J. Oppenheimer is the past co-chair of Proskauer Rose LLP's Labor Department with a national reputation for representing employers in labor relations. He holds an A.B. degree from the University of Pennsylvania, a LL.B. degree from Yale Law School, and was a Fulbright Scholar at Goethe University, Frankfurt, Germany. Mr. Oppenheimer has lectured extensively on various aspects of labor relations before many professional associations and has given seminars on labor relations problems in the performing arts at Columbia, Yale, NYU and other major universities. Martin has also published articles in a variety of legal publications.
Cameron Johnstone is a former associate in Proskauer’s Labor and Employment Law Department and has experience in a wide range of employment and labor matters.
Chapter 34: 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 35: Suzy Fox and Lamont E. Stallworth
Suzy Fox is an associate Professor at the Institute of Human Resources and Employment Relations, Graduate School of Business, Loyola University, Chicago, Illinois.
Dr. Lamont E. Stallworth is a Professor at the same Institute. He is also the founder and chair of the Center for Employment Dispute Resolution (CEDR) in Chicago, and a member of the National Academy of Arbitrators.
Chapter 36: 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 37: Benjamin Wolkinson and Russell Ormiston
Benjamin Wolkinson is a Professor of Industrial Relations at the School of Labor and Industrial Relations (SLIR) at Michigan State University. He is a member of the National Academy of Arbitrators.
Russell Ormiston is a Ph.D. candidate at the SLIR. The authors acknowledge the many helpful contributions of Cynthia Bullock and Nancy Barkey Young, librarians at the SLIR, as well as the research support provided by Lori Tomeny, a graduate assistant at the SLIR.
Chapter 38: 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.
Chapter 39: Stuart L. Bass
Stuart L. Bass is a Professor of Business Law/Legal Studies in Business at the Frank G. Zarb School of Business at Hofstra University. Professor Bass also serves as a mediator and arbitrator on numerous panels including the New York Public Employment Relation Board, New York State Employment Relations Board, FINRA (formerly NASD Dispute Resolution), Federal Mediation & Conciliation Service and several local and state civil service and law enforcement panels.
