Mediator Resume

Elliot H. Shaller Esq. - Independent Arbitrator & Mediator

Arbitrator, Mediator, Attorney

Arbitrator and Mediator, Elliot H. Shaller Esq., 2005 - Present; Member and Deputy Chairman, Foreign Service Grievance Board, 2009 - Present; Professorial Lecturer in Law, The George Washington University Law School, 2005 - 2008; Attorney, Krukowski & Costello S.C., 1996 - 2005; Shareholder, Littler, 1995 - 1996; Partner, Dow Lohnes & Albertson, 1989 - 1995; Associate, Dow Lohnes & Albertson, 1983 - 1989; Senior Attorney, Trans World Airlines, Inc., 1981 - 1983; Associate Attorney, Vedder Price, 1979 - 1981; Law Clerk, U.S. Court of Appeals D.C. Circuit, 1978 - 1979; University Fellow and Lecturer in Law, George Washington University Law School, 1977 - 1978.

More than 40 years’ experience specializing in labor and employment law. Worked for more than 25 years as a labor and employment attorney for major law firms. Served as counsel in hundreds of cases, involving the full gamut of employment, labor and benefit issues, in court, before administrative agencies, in arbitrations and mediations, and collective bargaining. Has also served as Adjunct Professor of Law at The George Washington University Law School and taught a course on Alternative Dispute Resolution.

Since 2005 has been a full-time arbitrator and mediator. Served as a mediator in about 60 employment cases, including in the following industries: construction, health care, manufacturing, fast food, sales and marketing, nuclear energy, banking, office workers/clerical, executives and professionals, retail and the public sector. Taught upper level course in mediation to law students as an Adjunct Professor at the George Washington University Law School.

Issues in employment disputes mediated include: discrimination, retaliation and/or harassment on the basis of race, sex, age, religion, national origin and disability; retaliation; wrongful discharge; breach of contracts including non-compete agreements; and employee benefits.

In my mediations I usually seek to steer the parties towards having direct, face-to-face, discussions of their perspectives on the dispute and of the needs and interests that any settlement should address. Once these are identified, and each party understands the other party's perspective, needs and interests, the parties are in a far better position to propose realistic solutions. I do not consider myself to be either a "facilitative" or "evaluative" mediator. Rather, I use a mix of approaches and techniques, depending on what I believe is most suitable in the particular case or at a particular phase of the mediation. For example, if the parties are unable or unwilling to engage in discussions conducive to settlement, are at or are approaching impasse, or if I am specifically so requested, I take an active role in proposing solutions, evaluating the parties' positions, and confronting them with the weaknesses of their cases along with the cost and risks of litigation. My mediations generally start with my making opening remarks geared toward ensuring that the parties understand the process. I always stress that the mediation is confidential and that I am not a decision-maker. I speak to the parties in a manner aimed at gaining their trust in me and in the process, and creating a climate conducive to frank and productive discussions. I then typically have a joint session. In most cases I will at some point end the joint session and meet separately with each party, as many times as appears necessary. However, in appropriate circumstances, such as when I determine that the parties are appreciating and acknowledging (although not necessarily agreeing) with the other side's position and view of the dispute, and/or are moving toward settlement, I might continue the joint session and limit or eliminate the caucuses. If an impasse develops, I use a variety of techniques to try to break it including, when appropriate, proposing solutions. Certain traits are critical to being an effective mediator. One must have an abundance of patience, persistence, and optimism that despite what might seem to be insurmountable differences, a settlement is still achievable. Of course, the mediator must use good judgment to determine the point at which continuing the mediation (at least at that stage in the litigation or of the dispute) is futile and the mediation should be brought to a close. A mediator must conduct him or herself in a manner consistent with the highest standards of professional conduct. Toward this end, unless other standards are applicable to the particular case, I adhere to the Model Standards of Conduct for Mediators developed by the American Arbitration Association in conjunction with other organizations.

Adept with virtual hearings.

The George Washington University, School of Law (L.L.M., Labor Law-1979; JD, with honors-1977); City University of New York, Brooklyn College (BA, Psychology, magna cum laude-1974).

Admitted to the Bar: Maryland (1996), District of Columbia (1977).

National Academy of Arbitrators; College of Labor and Employment Lawyers - Fellow: Labor and Employment Relations Association; Society of Federal Labor and Employee Relations Professionals (Past President, Vice President and Treasurer of D.C. Chapter); American Bar Association, Labor and Employment Section.

PUBLICATIONS: "Employment Arbitration," M. Lee Smith Publishers, LLC, 2006; Editor, "Washington, D.C. Employment Law Letter," monthly newsletter published by M. Lee Smith Publishers, 1999-2004; "The Family and Medical Leave Act - Key Provisions and Potential Problems," 19 EMPLOYEE RELATIONS LAW JOURNAL, 1993; "'Reasonable Accommodation' Under the Americans With Disabilities Act - What Does it Mean?," EMPLOYEE RELATIONS LAW JOURNAL, 1992; "A Guide to the EEOC's Final Regulations on the Americans with Disabilities Act," 17 EMPLOYEE RELATIONS LAW JOURNAL, 1992; "The Availability of Punitive Damages in Breach of Contract Actions Under Section 301 of the Labor Management Relations Act," GEORGE WASHINGTON UNIVERSITY LAW REVIEW, 1982; "The Constitutionality of a Federal Collective Bargaining Statute of State and Local Employees," CAPITAL UNIVERSITY LAW REVIEW and reprinted in the LABOR LAW JOURNAL, 1978. SPEAKING ENGAGEMENTS: "A Session for Advocates; How to be Successful at Arbitration," Society of Federal Labor and Employment Relations Professionals (2013); Workshop, "From the Arbitrators' Point(s) of View: Do's and Don'ts of Effective Advocacy Before/During/After the Arbitration Hearing," (2013); "Remedies in Arbitration," American Arbitration Association (2012); "Maximizing Efficiency and Economy in Arbitration," American Arbitration Association (2011); "Employment Arbitration," M. Lee Smith Publishers, LLC (2006); "Remedies in Federal Sector Arbitration," Society of Federal Labor and Employee Relations Professionals' Annual Symposium (2007); "Department of Labor's Final 'White Collar' Regulations," Health Care Council for the Washington Metropolitan Area; "Employment Arbitration," Advanced Employment Issues Symposium; "Violence in the Workplace," District of Columbia Hospital Association; "Alternative Dispute Resolution: Preparing the Workplace for the Twenty-First Century," National Capital Area Healthcare Human Resources Institute; "The Americans with Disabilities Act," Arthritis Foundation.

Hourly Rate: Not provided Daily Rate: $5,600.00 Study Rate: $700.00/hr Cancellation: $2,800.00/Day Cancellation Period: 14 Days Comment: If the day spent in mediation exceeds eight hours, additional pro rata charges for the excess time may be made. Hourly rate applied for all other services provided related to the mediation. Travel time and expenses charged for out-of-town travel. Cancellation policy: Five-hour minimum for any day on which session is scheduled to occur unless more than two weeks' written notice of cancellation is provided.

English

United States of America

Delray Beach, Florida