Employment Dispute Resolution

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Mediation of Employment Litigation

• Mediation is a facilitated dialogue between disputants, their representatives, and a mediator for the purpose of achieving a binding settlement. The mediator's role is to assist disputants to explore issues, needs, and settlement options.

• Mediation works. Statistics show that 85% of employment and commercial matters conclude in written settlements. The advantage of mediation over litigation is privacy, informality, reduced legal cost, creativity of settlement terms, and interest-based solutions developed by the parties.

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Arbitration of Employment Litigation

• Arbitration is an adjudicative process in which disputing parties empower an Arbitrator to issue a final and binding award based on evidence submitted in a hearing. Employment arbitration involves statutory, policy and “for cause” disciplinary matters not involving collective bargaining Agreements.

• The advantage of arbitration over litigation is privacy, informality, reduced legal cost, time to resolution, and resolution by a subject-matter expert in the field of the dispute.

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Disputes involving Highly Paid Executives

• Few mediators and arbitrators understand the law and nuances of disputes involving corporate executives. Typically, these disputes arise from employment agreements or severance agreements. Richard Fincher has a specialty in resolving complex executive litigation concerning termination, stock options, long-term incentive compensation, non-compete clauses, and enforceability of employment agreements. He is a subject matter expert in executive compensation. In 2005, he was selected an “Advanced Practitioner in Employment Mediation” by the Association for Conflict Resolution.

Disputes involving Whistleblower / Retaliation Claims

• Few mediators understand the law and nuances of disputes involving corporate or government whistleblowers covered by various federal laws. Richard Fincher has a specialty in resolving complex litigation involving protected activity or retaliation under environmental laws, Sarbanes-Oxley Act, the Energy Reorganization Act, etc. He is a subject matter expert in disputes involving the National Regulatory Commission (NRC) and the Department of Energy (DOE). In 2005, he was selected an “Advanced Practitioner in Employment Mediation” by the Association for Conflict Resolution. In 2007, Rocco Scanza and Richard Fincher taught a course at the Institute for Conflict Resolution at Cornell University on “Mediating in the Federal Sector.” This course focused on resolving retaliation disputes.

Investigations / Fact-Finding

• Organizations are often required to retain external support in the conducting of a fair and impartial investigation. Working with in-house or external counsel, we have conducted over 250 complex investigations involving EEO/harassment, financial wrongdoing, and other ethical violations. Rocco Scanza and Richard Fincher have demonstrated skills in planning, interviewing, fact-finding, assessing credibility, and report writing.

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