“You’re Fired!” Resolving Workplace Disputes through Mediation and Other ADR Processes
Faculty: Tracy Allen and Eric Galton
Condition of enrollment: Participants should have completed at least a 40 hour basic mediation/mediator training and completed at least 10 commercial/civil mediations involving employment related disputes as a mediator, party representative and/or advocate..
Employment workplace disputes are growing in number and complexity. They often feature high emotional components on the part of both employer and employee. In the dispute resolution, conflict management arena, there is more the company representatives, advocates and mediators can do in employment dispute litigation that encompasses not only creative solutions, but management of the emotional and uncertain legalities of the judicial environment.
This course is designed to look more holistically at workplace conflict, the emotional and business environment in the mediation process, the general applicable laws, negotiation and potential mediation solutions, in addition to financial compensation.
What You Will Learn:
- Identifying critical dynamics of conflict in the workplace
- Working with the prima facie elements of employment discrimination, retaliation, ADA, FLSA and harassment claims in litigated case
- Understanding the role and value added benefits that a neutral can provide
- Recognizing and working with the emotional and personal dynamics of participants in the dispute
- Recognizing the key legal elements of wrongful discharge, sexual harassment, discrimination, retaliation, and wage and hour litigation
- Setting up and succeeding in negotiating livable outcomes for the participants in mediation
Tracy L. Allen is a full-time mediator, arbitrator and ADR trainer. She teaches and practices internationally, providing conflict management, prevention, and training services worldwide. A former tax and business attorney, Allen mediates and arbitrates complex and highly emotional commercial, business, probate, securities, and employment cases. She is a Distinguished Fellow, Dame, and a past president of the International Academy of Mediators. She has written numerous articles and is a contributing author in several books on ADR, with emphasis on mediation and negotiation strategies. She received the State Bar of Michigan ADR Section Distinguished Service Award in 2008 and currently serves on several specialty ADR provider panels nationally and internationally. Allen is an adjunct professor in the College of Leadership and Public Service at Lipscomb University and the Institute of Continuing Legal Education at the University of Michigan. Allen is the owner of her Detroit-based resolution firm, Global Resolutions, PLLC.
Eric R. Galton is a full-time mediator, arbitrator, and lecturer. Galton's book, Mediation: A Texas Practice Guide, received the Center for Public Resources Annual Book Award. He has since authored four more books with his most recent work, Ripples from Peace Lake. Galton is a Distinguished Fellow of the International Academy of Mediators and the Texas Academy of Attorney-Mediators. He is a member of the Texas State Bar ADR Section and has served on the American Bar Association Dispute Resolution Section, and the board of directors for the Texas Association of Mediators. He has practiced law for 30 years, and is currently a partner in the mediation firm Lakeside Mediation and the law firm of Galton, Cunningham & Bourgeois, a purely dispute resolution and mediation firm in Austin, Texas.