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From 1988 - 2008, an employment law practitioner representing management in litigation, mediation, arbitration and administrative proceedings arising under federal and state discrimination and civil rights statutes, and related employment laws. Received mediation training in 2004 and began providing mediation services until completing transition to full-time neutral work.
Since 2009, a full-time neutral in the field employment law and labor relations disputes exclusively, providing mediation and arbitration services through Travis ADR Services, LLC. Also from 2009 - 2013, served as Director of the Tennessee Labor-Management Center, providing education, training and services in the field of alternative dispute resolution and workplace conflict management. In addition to independent neutral work, serve on the panels of the Equal Employment Opportunity Commission, the Federal Mediation and Conciliation Service, the American Arbitration Association, and the National Mediation Board.
Individual attorney rating of “AV”® (Very High to Preeminent) by Martindale-Hubbell Attorney Peer Review Rating System™
Since 2004, have mediated over 1000 cases in litigation or administrative proceedings, in both public and private sector. Specifically, matters include discrimination, harassment, and/or retaliation claims arising under Titles VII and IX of Civil Rights Act of 1964, Section 1983 of Civil Rights Act of 1871; Age Discrimination in Employment Act, and Americans with Disabilities Act. Mediation of charges of discrimination under contract with Equal Employment Opportunity Commission and state human rights agency. Other statutory claims mediated have involved violations of Equal Pay Act, Fair Labor Standards Act, Family and Medical Leave Act, Employee Retirement Income Security Act, and Uniformed Services Employment and Reemployment Rights Act. In addition to federal statutory claims, have mediated state common law and statutory claims relating to defamation, retaliatory discharge, whistleblowing; unfair trade practices and disclosure of trade secrets; and breach of employment agreements and related non-competition and non-solicitation agreements. Cases have involved both represented and unrepresented parties, as well as both single employer-employee cases and multi-party cases. Representative matters have included several six-figure cases. Mediation practice also includes serving service on mediation panels for federal district courts and grievance mediation arising under labor-management collective bargaining agreements.
Mediation philosophy is initially based upon thorough and complete understanding of the underlying facts of the causes of the dispute, and familiarity with relevant legal principles. Pre-mediation conferences are considered essential. Process approach is to begin mediation in facilitative style by establishing rapport with parties and counsel, gathering additional facts, exploring interests of the parties, and brainstorming potential creative alternatives for settlement. Patience is considered paramount. Evaluative approach generally utilized in the event real or perceived impasse approaches, including reality testing, risk analysis, and suggestion of potential proposals for settlement.
Claims arising under Titles VII and IX of Civil Rights Act of 1964; Section 1983 under Civil Rights Act of 1871; Age Discrimination in Employment Act; Americans with Disabilities Act; Fair Labor Standards Act; Family and Medical Leave Act; Equal Pay Act; Employee Retirement Income Security Act; and Uniformed Services Employment and Re-Employment Rights Act. In addition to federal and state statutory discrimination claims, mediate state common law and statutory claims relating to defamation; retaliatory discharge; whistleblowing; unfair trade practices and disclosure of trade secrets; and breach of employment agreements and related non-competition and non-solicitation agreements.
$350.00 per hour
Tennessee Bar Association (Sections: Labor and Employment Law; Dispute Resolution, Chair 2008-2009); American Bar Association (Sections: Labor and Employment Law; Dispute Resolution); Labor and Employment Relations Association; Society of Federal Labor and Employment Relations Professionals; International Mediation Institute; National Academy of Distinguished Neutrals (Tennessee Chapter); International Academy of Mediators; National Academy of Arbitrators.
Charles J. Mataya, (615) 252-2324, cmataya@bradley.com.; Joseph Shelton, (615)488-2901, jshelton@fisherphillips.com; Joseph B. Harvey, (423)378-8854, jharvey@hsdlaw.com;
"Ethics in ADR",Scheinman Institute on Conflict Resolution, Cornell University, 2012; "Facilitating Negotiations", Scheinman Institute on Conflict Resolution, Cornell University, 2011; "Mediations Involving High Conflict Personalities", Tennessee Association of Professional Mediators, 2009; "Workplace Mediation", Mediation Training Institute International, 2008; "Specialized Mediation", Straus Institute, Pepperdine School of Law, 2008; "Managing Conflict and Litigation in Corporations and Organizations", Straus Institute, Pepperdine School of Law, 2008; "Workplace Dispute Resolution Systems", Straus Institute, Pepperdine School of Law, 2007; "National Grievance Mediation Workshop", Mediation Research and Education Project, Northwestern School of Law, 2007; "Advanced Issues in Mediation", Scheinman Institute on Conflict Resolution, Cornell University, 2007; "Advanced Mediation", Center for Dispute Resolution, Southern Methodist University, 2007; "Employment Law Mediator Training", Scheinman Institute on Conflict Resolution, Cornell University, 2006; "Advanced Mediation Skills Institute", American Bar Association, 2005; "Mediating the Litigated Case", Straus Institute, Pepperdine School of Law, 2005; "General Civil Mediation", Resolution Resources Corporation, 2005.
Adjunct Professor, Tennessee Technological University, Conflict Management and Negotiation, Labor and Employment Law, 1999-2013.
Adjunct Professor, Straus Institute for Dispute Resolution, Pepperdine University School of Law, Employment Dispute Resolution, 2008-2020.
"Mediation and Arbitration in Federal Practice", Tennessee Bar Association, Federal Practice Section, July, 2016; "Psychological Barriers to Settlement in Employment Mediation", Tennessee Bar Association, Labor and Employment Law Section, April 2014; "Workplace Conflict Management as a Strategic HR Initiative", Tennessee Society for Human Resource Management, October, 2013; "Top Ten Keys to Mediation Success", University of Tennessee College of Law, October, 2013; " A Road Less Traveled: Implementation of State Government Employment Mediation Programs, American Bar Association, Dispute Resolution Conference, April, 2013; "Effectively Mediating Employment Disputes", Tennessee Human Rights Commission, Employment Law Discrimination Conference, March, 2013; "Changing Focus: Complying With the New ADA", Tennessee School Boards Association, March, 2012; "Special Considerations in Employment Mediation Advocacy", Tennessee Bar Association, March, 2012; "Negotiation, Mediation, and Resolution of Cases under the New ADA", Tennessee Bar Association, April, 2011; "Conflict Resolution: Employer Challenges and Best Practices", Tennessee Human Rights Commission, Employment Discrimination Law Seminar, June, 2010; "Effective Advocacy: Mediation to the Courtroom", Knoxville Bar Association, April, 2010; "Alternative Dispute Resolution: Novel Mediation Issues", EEOC Training Institute, August, 2009; "Improving the Grievance Process: Grievance Mediation as an Alternative to Arbitration", Thirtieth Annual International Industrial Relations and Human Resources Conference, November, 2009; "New Approaches to Dispute Resolution: Mediation and Arbitration Strategies for Neutrals and Advocates", Tennessee Bar Association, April, 2009; "Creative Ways to Resolve Discrimination Claims from an Experienced Advocate-Mediator's Perspective", Tennessee Human Rights Commission, Employment Discrimination Law Conference, March, 2009.
"Tennessee's 'T.E.A.M.' Act: A New Day in Public Sector Employment Law", Tennessee Bar Journal, Tennessee Bar Association, Vol. 48, No. 10 (October, 2012); "A Change in Focus: Mediation of Claims under the ADA Amendments Act", Dispute Resolution Magazine, American Bar Association, Vol. 18, No. 3 (April, 2012); "A New Direction: Amendments Put Americans with Disabilities Act Back on Path of Tackling Discrimination", Tennessee Bar Journal, Tennessee Bar Association, Vol. 47, No. 6 (June, 2011); "The Top Ten Things You Need to Ask Yourself Before Going to Mediation", Dicta, Knoxville Bar Association (December, 2010); "Have a Smart Strategy: Successful Mediations of Employment Litigation", Tennessee Bar Journal, Tennessee Bar Association, Vol. 46, No. 5 (May, 2010).
AAA/ABA/ACR Model Standards of Conduct for Mediators
IMI Professional Conduct Assessment Process
Coverage through Association for Conflict Resolution, Columbia Casualty Company, with policy limits of $500,000/$1,000,000.