Mediation

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.
  
  
• Richard Fincher is a full-time mediator of employment litigation. He has mediated over 750 matters involving age, race, and gender discrimination, wrongful discharge, sexual harassment, layoffs, failure to promote, and retaliation. In 2005, he was recognized as an “Advanced Practitioner in Employment Mediation” by the Association for Conflict Resolution. In 2007, he was certified as a Transformative Mediator by the Institute for the Study of Conflict Transformation.
  
  
• ADR resume
  
  
• Our mediators can provide significant references, but due to our confidential matters, we only provide references with permission. Please contact us and indicate if you would prefer plaintiff or defense references.

Disputes involving Highly Paid Executives

• Few mediators 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

Disputes involving Whistleblower/Retaliation Claims

• Richard Fincher and Rocco Scanza has a specialty in resolving complex litigation involving protected activity or retaliation under environmental laws, Sarbanes-Oxley Act, the Energy Reorganization Act, and Sarbanes Oxley. They are subject matter experts in disputes involving the National Regulatory Commission (NRC) and the Department of Energy (DOE).

Disputes involving federal employees

• Richard Fincher has a specialty in the mediation of disputes involving federal employees. He currently serves on the mediation panels of the Department of Energy, Nuclear Regulatory Commission, EEOC Resolve, Bureau of Land Reclamation, Federal Occupational Health, and the Department of Agriculture.

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Disputes Involving Family-Owned Businesses and Partnerships

• Richard Fincher has a specialty in the mediation of disputes involving family owned businesses. He has resolved numerous disputes between family members, between owner-parents and children, between the operating manager and non-family employees, and between operating siblings and non-involved siblings. He has substantial sensitivity to these family conflicts.
  
  
• Business people join as partners because they believe that they will be better off as a team than by themselves. Initially, they focus on business plans and financial targets. However, over one-half of business partnerships fail, mainly due to turf disputes and different work ethic. One tool to anticipate and prevent such disputes involves use of business covenants which define expectations of how they will work with each other and how they will raise disagreements.
  
  
• We have extensive experience mediating and arbitrating family and partnership matters.

Disputes Involving Allegations of Sexual Harassment

• Richard Fincher and Rocco Scanza have a specialty in the mediation of disputes involving allegations of sexual harassment. Both mediators are employment attorneys knowledgeable in the substantive law of equal employment opportunity. Both mediators have resolved dozens of such matters involving peers, supervisors and subordinates, employees and customers, and same sex disputes.