Mediator Resume

HunterADR

Owner, HunterADR, 2015 - Present; Adjunct Professor University of Virginia Law School, 2015 - Present, Partner, Rogers & Hardin LLP, 1978 - 2015; Counsel, Delta Air Lines Inc., 1975 - 1978; Lieutenant, U.S. Navy, 1965 - 1967.

Practiced as an employment and commercial litigator for the past 45 plus years. Served as lead trial counsel for both plaintiffs and defendants in numerous litigated matters, including nationwide class and mass actions before various state and federal courts and agencies as well as in private arbitrations. Has been lead counsel in the trial/settlement of more than 1,000 individual discrimination and/or ERISA cases, scores of commercial/business dispute cases and more than 30 class/collective actions. In August 2015, retired from the practice of law and now serves as a full time neutral.

Has served as a mediator in a high percentage of the employment discrimination class action nationwide cases brought over the past 10 years. These include discrimination cases for a number of Fortune 500 companies as well as many others. Has also mediated nationwide collective actions also involving Fortune 500 and Fortune 1000 companies along with many others.

Discrimination cases (generally age, race, national origin, and gender cases) typically involve pattern and practice, as well as disparate impact claims under state and federal law. Cases of this type, if settled, more often than not result in voluminous consent decrees that require multiple mediation sessions over one or more months. Collective actions do not usually have injunctive provisions and take as a rule one or two days of mediation.

I like to first receive from the parties mediation statements and pleadings such as certification motions, expert reports, and dispositive motions. After reviewing this material, I prefer to have separate calls with the parties to explore various issues they or I may raise. In the mediation I initially follow the lead of the parties on how to proceed. Generally early on in the mediation I try a facilitative approach and then turn to an evaluation approach later in the process.

University of Virginia School of Law (JD - 1970); University of Virginia (BA - 1965).

Admitted to the Bar: Georgia (1970); U.S. District Court: Northern (1971), Middle (1979) Districts of Georgia; U.S. Court of Appeals: 11th Circuit (1981), 9th Circuit (1982), 5th Circuit (1986) 6th Circuit (1993), 8th Circuit (1996); U.S. Supreme Court (1989).

American Bar Association; State Bar of Georgia; American Employment Law Council; American College of Civil Trial Mediators; Georgia Arbitrators' Forum.

PUBLICATIONS; "Instinct or Logic in Action: How Our Instinctive Thinking Affects Negotiations and Settlements," American Employment Law Council Conference, Greensboro, GA, October 19, 2012 "Developments in Equal Employment Opportunity," National Employment Law Institute, Employment Law Conference, New Orleans, LA, December 8, 2011 "Creative Solutions Dealing With Class And Collective Actions, Including Approaching Potential Class Arbitration Based On ATT Mobility v Concepcion," The American Employment Law Council Annual Conference, Ojai, CA, October 21, 2011 "The Impact of Dukes on Class Certification and the Settlement Value of Cases," Littler Mendelson’s Class Action Summit, Carlsbad, CA, September 26, 2011 “Litigating Employment Class Actions,” Neutral land Litigator Perspectives on Preempting Class Actions Through Alternative Dispute Resolution; Innovative Structures for Negotiated Settlements, Law Seminars International, Madrid, SPAIN, May 2009 “Growth and Potential of ADR and Mediation in the U.S. and Europe,” American Bar Association, Labor & Employment Committee on International Employment Issues, Employment Lawyers Association: Special One-Day Transatlantic Event, LONDON, UK, May 18, 2009 “Emerging Trends in Arbitration,” August 21, 2009, Institute on Continuing Legal Education in GA (ICLE) “Heuristics and the Mediation Process: How Our Subconscious Bias Impacts Negotiations,” Chartis Claims, Inc., New York, NY, October 12, 2009 “Lilly Ledbetter Fair Pay Act and Compensation,” National Employment Law Institute, Employment Discrimination Law Update, December 10, 2009 “Update on Arbitration in the Employment Setting,” December 11, 2009, Institute on Continuing Legal Education in Georgia (ICLE) SPEAKING ENGAGEMENTS: The 7th Annual Arbitration Institute, Dispute Resolution Section, State Bar of Georgia, ICLE, August 9, 2013, "Instinctive Behavior and Arbitrations: How Our Subconscious Bias Impacts Judgments;" (2) The American Employment Law Council, 19th Annual Conference, "Creative Solutions Dealing with Class and Collective Actions, Including Approaching Potential Class Arbitration Based on ATT Mobility v. Concepcion," Ojai, CA.; Oct. 19-22, 2011; and (3) the 4th Annual Arbitration Institute, Dispute Resolution Section, State Bar of Georgia, ICLE, "Arbitrator Disclosure Requirements: What is the Standard?" August 20, 2010.

Hourly Rate: Not provided Daily Rate: $22,000.00 Study Rate: Not provided Cancellation: Not provided Cancellation Period: Not provided Comment: Mediation rate increases to $25,000/day if travel outside of the San Diego area is required.

English

United States of America

Rancho Santa Fe, California