Patricia Nemeth

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Mediation Profile

Patricia Nemeth is a mediator specializing primarily in the areas of labor and employment litigation but also handles mediations in the commercial and contract areas. In the traditional labor law area (collective bargaining) mediated matters entail wrongful discharge (absenteeism, fighting, workplace violence, theft) and contractual interpretation (overtime). In the employment litigation area, issues involve all types of federal and state laws (FMLA, ADA, ADEA, PDA, TITLE VII, ELCRA, PWDA, Whistleblowers, sexual harassment, wage and hour, public policy, discrimination (gender, disability), harassment, emotional distress, etc.) Commercial/other disputes mediated have involved exclusive franchise rights for cable company, medical malpractice, attendant care benefits, drunk driving, fire loss, and breach of contract. Multi party mediations have involved exclusive franchise rights, medical malpractice claims brought against multiple parties.

Employment/Labor disputes have involved workplace violence, sexual harassment, disability discrimination, discharge for theft, discharge for fighting, contractual interpretation of overtime issues, contractual interpretation of compensation issues, discharge for absenteeism, and discharge for embezzlement. Commercial/other disputes have involved exclusive franchise rights for cable company, medical malpractice, attendant care benefits, drunk driving, fire loss, and breach of contract. Multi party mediations have involved exclusive franchise rights, medical malpractice claim where one party brought a claim against the pharmacy and physician, a personal injury claim where one party brought a claim against the insurance company and the drunk driver individually.

The mediation process is an extremely useful settlement tool for all of us. This was not my opinion when the process first came into vogue some years ago. However, from witnessing the mediation process firsthand and becoming responsible for its successes as a mediator, my opinion has changed. The participating parties are in the best position and have the best insight for determining the type of process which will work best for resolving their dispute (i.e., whether to have a joint session or when such a session would be beneficial during the process). It is my job to creatively guide the parties toward a resolution. No mediation is the same and therefore no approach to the mediation process can be the same. The techniques used depend on the nature of the issues and the parties involved. At times I use a facilitative method and at times I use an evaluative method. I may use both throughout the course of one mediation. It depends on the circumstances and the parties involved.

Specialty Areas of Mediation Include: Traditional Labor (collective bargaining) Employment Other Areas of Experience Include: Commercial Contract Medical malpractice Personal Injury Multi Party Franchise

$375 Per Hour Includes pre-mediation conference call, preparation time for hearing and travel time, if any. Will travel outside of the metropolitan Detroit area; will bill from Detroit address. Cancellation Policy: No charge if mediation is cancelled at least 7 days prior to mediation although time spent prior to cancellation will be billed. If mediation is cancelled less than 7 days prior, cancellation charge will be equal to the number of days for which the mediation was scheduled to occur.

American Bar Association (Member, ADR International Committee; Member, Labor and Employment Law Section, Insurance Law Section; Alternative Dispute Resolution Section; Litigation Section); State Bar of Michigan (Member, Labor and Employment Section; Alternative Dispute Resolution Section; International Law Section); American Arbitration Association Task Force for Employment Arbitrations; Attorney Workplace Investigators (2013 to present); Illinois Bar Association; NAWBO-Personnel Committee (1995-1998), Board Member and Public Policy Committee Chair (2000-2002); Executive Board Member and Treasurer (2001), Executive Board Member and Secretary (2002), Chair of Joint Conference, National Association of Women Business Owners and Women’s Economic Club (2004); National Association of Women Business Owners (Executive Board Member Secretary, 2001-2002); Health Care Association of Michigan (Legal Services Committee 2000-2003); Women's Economic Club (Member, Strategic Planning Committee, 2003-2004); Former Vista Maria Advisory Board Member, 2000, Board Member, 2002-2003; Executive Board Member, Vice-Chair (2003-present) Chair of Development Fund Committee, 2003-2008; Capital Campaign Committee (2007-2012); Former Member, Girl Scouts of Detroit (Personnel Committee, 2003-present); Class Member, Leadership Detroit XXVI, Detroit Regional Chamber of Commerce, 2004-2005; Member, Detroit Economic Club (2008-present); Member Inforum (2000-present); Member Detroit Regional Chamber of Commerce (2000-present); Labor and Employment Law, Delegate to China (2006); Mediator since 2003; Board Member, Mosaic Youth Theatre of Detroit (2014-present).

Stanley Pitts, Honigman Miller, [email protected], (313) 465-7516; Joni Fixel, [email protected], (517) 332-3390; Richard Kraus, [email protected], (517) 336-7824, James Perry, Dickinson Wright, [email protected] (313) 223-3096; James Statham, Federal Mediation and Conciliation Service, (313) 226-2112

Training and Education

Arbitration Certification

• American Arbitration Association – Certified Arbitrator – (Employment)

• American Arbitration Association – Certified Arbitrator – (Commercial)

Mediation Certification

• American Arbitration Association – Certified Mediator (2007 – present)

• International Mediation Institute – Certified Mediator (2008 – present)

• State of Michigan, Certified Mediator (2004 – present)

Workplace Investigation Certification

• Title IX Investigator – Certified (ATIXA) (2016 – present)

• Association of Workplace Investigators – Certified Workplace Investigator (2015 – present)

Alternative Dispute Resolution Specialty Training

• State Bar of Michigan, ADR Section – Making the Unusual Usual (2019)

• State Bar of Michigan, ADR Section – Negotiation, Persuasion & High Stakes Decision-Making----What the Research Teaches Us (2018)

• State Bar of Michigan, ADR Section – Harnessing the Power of the Master Mediator (2018)

• American Arbitration Association – Arbitrator Performance and Demeanor – Meeting Participant Expectations (2018)

• American Arbitration Association – 34 Annual Joint Colloquium on International Arbitration (2017)

• American Arbitration Association – Pro-Se Managing Cases with Self-Represented Parties (2017)

• American Bar Association, Section of Dispute Resolution Annual Conference (2016, 2017, 2018)

• American Arbitration Association – Advance Training in Health Care Mediation (2016)

• American Arbitration Association – Dispositive Motions in Arbitration: Best Practices for Advocates and Arbitrators (2016)

• American Arbitration Association – Impasse: Mediating in the “Red Zone” (2015)

• American Arbitration Association – Litigant Psychology (2015)

• American Arbitration Association – Arbitration Fundamentals and Best Practices for Arbitrators(2014)

• Advanced Negotiation and Dispute Resolution Institute, ICLE (2004 – 2014)

• Advanced Mediation and Advocacy Skills Institute, American Bar Association (2010, 2012, 2015)

• Master Class, Advanced Mediation Training (2008 – 2012)

• ADR in Bloom, Washington, DC, American Bar Association (2007)

• Master Class, Mediation Training (2007)

• 40 Hour Civil Mediation Training, ICLE (2003)

Alternative Dispute Resolution Teaching Experience

• Enforcing Employment (Not Labor) Arbitration Awards, American Arbitration Association (2009)

• Advanced Negotiation and Dispute Resolution Institute, Speaker, ICLE (2008)

Publications

“The Sticky Question of Salary History,” Crain's Detroit Business, Blog – May 2018

“Grit, the Secret to Advancement: Stories of Successful Women Lawyers,” Contributor, American Bar Association – October 2017

“Uber's Sexual Harassment House-Cleaning a Reminder of Need for Visible Policies, Disciplinary Measures,” Crain’s Detroit Business Blog – June 2017

“The On-Demand Workforce: Spotlight on Employee Misclassification,” Co-author, Michigan Defense Quarterly – May 2016

“Employment and Labor Law,” Co-author, Wayne Law Review 2002-2015

"The On-Demand Workforce: Spotlight on Employee Misclassification," Co-author, Michigan Defense Quarterly - May 2016

“When a Vague Claim of ‘Hostile Work Environment’ is A Discrimination Complaint,” Co-author, Michigan Defense Quarterly – November 2015

“Opinion: Tragedy in Virginia Opens New Chapter for Employers,” Crain’s Detroit Business, Blog – August 2015

“‘Digital Native’ Recruiting Term Can Raise Concerns of Age Discrimination,” Detroit Legal News – July 2015

“Starting Your Own Law Firm: Advice from Women Who’ve Done It,” Michigan LELS – June 2015

“Employment Practices Liability: Minimizing Exposure and Risk,” MBDA – June 2015

“Legal Trends: Employer Criminal Background Check Policies,” Co-author, Michigan Defense Quarterly – April 2015

“How Mandated Paid Sick Leave Would Impact Michigan Employers,” Crain's Detroit Business, Blog-Other Voices – January 2015

“Five Qs: Patricia Nemeth on Employment Law Changes,” DBusiness Daily News – January 2015

“Legal Implications of Employer-Sponsored Wellness Programs,” Co-author, SHRM – January 2014

“Not Always Black and White,” Co-author, Michigan Lawyers Weekly – March 2013

“Small Firm, Big Opportunities: Discover the Advantages of a Small/Medium Firm,” Wayne State Law School – February 2013

“The Debate Over Michigan’s Right-To-Work Law,” Co-author, Employment Law 360 – February 2013

“Minimize Risks While Hosting a Holiday Part at Work,” Corp! Magazine – December 2012

“Employer Issues Before and After a Disaster: Is Your Company Prepared,” Detroit Chamber – November 2012

“Don’t Let Election Politics Disrupt Your Workplace,” Corp! Magazine – October 2012

“Starting Your Own Law Practice,” Young Lawyers Section of State Bar of Michigan – June 2012

“What’s your Facebook Password? NoneOfYourBu5ine55,” Michigan Lawyers Weekly – April 2012

“Don’t be Blind-Sided by GINA,” Co-author, Executive Counsel, October/November 2011

“How the NLRB Views Social Media Disciplinary Issues,” Co-author, Law.com, October 14, 2011

“The Road to Independence: 101 Women's Journey to Starting Their Own Law Firms,” Contributor, American Bar Association – 2011

“Seeking Clarity on Michigan Medical Marijuana Law,” Co-author, Employment Law 360 – June 2009

“Genetic Discrimination in Employment,” Co-author, The Michigan Bar Journal – January 2009

“Employment Firms Impacted by Labor History, Other Factors,” Detroit Legal News – January 31, 2007

“To Blog or Not to Blog: Employee and Employer Guidelines,” Co-author, Michigan Lawyer’s Weekly, May 23, 2005

“What You Need to Know About Employment Laws in the United States,” Women Entrepreneurs of Canada and National Association of Women Business Owners, 2003

“ADR Under Michigan’s Uniform Arbitration Act and Court Rules,” Michigan Defense Quarterly – Summer 1997

“What You Don't Know Can Land You In Court,” Crain's Small Business – April 1997

“Leased Employees - What Protections from Employment Claims Do Employers Have?” Michigan Defense Quarterly – Summer 1996

"Defending Claims Filed by a Disabled Employee Still Employed with the Company,” Michigan Defense Quarterly – Fall 1995

“Race, Gender and Age Discrimination,” Michigan Public Employer Labor Relations Association Manual – 1994

“Civil RICO and the Labor Law Practitioner,” Michigan Bar Journal, July 1989

“Federal and State Prohibition of the Lie Detector,” Michigan Restaurateur – November/December 1988

“Providing Notice to Employees for Business Closings and Layoffs,” Michigan Restaurateur – September/October 1988

“Minors in Michigan - Employment and Minimum Wage,” Michigan Restaurateur – July/August 1988

“Criminal Activity - What Duty Do You Owe Your Customers to Prevent It or to Intervene?” Michigan Restaurateur – May/June 1988

“Grooming Policies: Do Employers Lose All Power When They Require Grooming and Other Standards?” Michigan Restaurateur – March/April 1988

“The Revenue Act of 1987: A Preview of What Tips Will Cost You at the Next Boston Tea Party,” Michigan Restaurateur – January/February 1988

“Significant Labor Relations Doctrines Established by MERC Case Law and the Courts,” Michigan Public Employer Labor Relations Association Manual – 1987.

Compliance

IMI Code of Professional Conduct

IMI Professional Conduct Assessment Process

None

Contact
Patricia
Nemeth
Patricia Nemeth
3135675921
3135675928
Detroit
48207