Employment Class Action Litigation

• Mr. Fincher has extensive experience in the mediation of class action litigation, first as a litigator while in private practice and more recently as a neutral.
• Mr. Fincher has given five CLE programs on mediating class cases, including at the 2011 State of Arizona Bar Convention.
• In 2011, Mr. Fincher resolved a major EEOC class matter involving gender discrimination
• In 2011, Mr. Fincher published an article: “Mediating class cases involving the EEOC. “

Special Master/Consent Monitor from Employment Litigation

• The use of ADR processes have become a major part of class action/mass claims litigation. Across the federal and state legal system, neutrals are being appointed by the court as Mediators or Special Masters, and are being selected by the litigants as Mediators, Arbitrators, Consent Monitors, or Liability Design Consultants.

Pre-Settlement Consulting

• General consulting to the parties/judiciary in the history and potential of ADR processes used to settle class action/mass claims litigation.
• Service as a court appointed neutral to opponents of the class or opponents to the settlement.
• Custom consulting on the design of the appropriate process and substantive criteria to determine liability and/or distribute the settlement proceeds.

Post -Settlement Consulting

• Service as a court-appointed Special Master or Consent Monitor to oversee the settlement process.
• Service as mediators/arbitrators/fact finders in assessing liability and remedies.
• Custom consulting in the selection and training of neutrals for the settlement process.
• Custom consulting in the selection of the administrative agency to administer the ADR process.

Commercial Class-Action Litigation

• Richard Fincher has significant experience in applying ADR processes to the settlement of commercial (non-employment) class action/mass claims litigation. Many class-action settlements result in a “stream of cases” to be resolved through a structured process determined by the parties.
  
  
• In 2004, he was selected as a mediator and arbitrator in the Prudential Life Insurance Settlement, the largest ADR settlement in American history. This national settlement was administrated by the American Arbitration Association. During this process, Mr. Fincher mediated over 185 cases and arbitrated over 150 cases.

Click here for the 2011 Class Action Press Release >>