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Mediator Resume

Jerome A Diekemper, Esq.

Jerome A Diekemper, Esq.

Professional Summary

Represented unions and employees for 34 years in federal and state courts and administrative agencies, in 250 arbitrations, before becoming a full time neutral. Started mediating in 1993 and became a full time neutral doing arbitrations and mediations in 2006. Has conducted over 1800 mediations and over 200 arbitration hearings as arbitrator.

Current Employer-Title

Jerome A. Diekemper, LLC - Arbitrator, Mediator

Profession

Attorney, Mediator, Arbitrator

Work History

Principal, Jerome A. Diekemper LLC, 2006 - Present; President, Diekemper Hammond Shinners Turcotte & Larrew P.C., 1979 - 2006; Partner/Attorney, Private Practice, 1972 - 1979; Field Examiner and Field Attorney, St. Louis Regional Office of the National Labor Relations Board, 1971 - 1972.

Experience

Represented unions and employees for 34 years in federal and state courts and administrative agencies and in 250 arbitrations before becoming a full time neutral. Started mediating in 1993 and became a full time neutral doing arbitrations and mediations in 2006. Has conducted over 1800 mediations and over 200 arbitration hearings as arbitrator.

Mediator Experience

Selected as a mediator in over 1,800 disputes, approximately two-thirds of which involve employment related disputes in court cases involving statutory claims of all types of employment discrimination, retaliation and whistle blower claims, and one-third of which involve a multitude of other types of disputes. Employers involved range from Fortune 500 companies to smaller privately held companies and governmental bodies. Other issues mediated include medical and legal malpractice, personal injury, ERISA benefit denial, civil rights, real estate, and business.

Representative Issues Handled as a Mediator

Issues in employment cases include race, handicap, gender, sex harassment, age and national origin discrimination, as well as employment contract disputes involving compensation and non-competition. Civil rights cases have involved retaliation for exercise of free speech rights and police misconduct. Labor mediations include issues related to collective bargaining, NLRB charges, and grievance processing governed by federal, state and local law. Estate and trust cases include breach of fiduciary duty and intra-family disputes. In addition to mediating the economic and non-economic terms of a collective bargaining agreement renewal, labor mediation has also included cases involving discipline and discharge, contract interpretation, employment discrimination (including race, gender, age, religion, and disability issues), FMLA, FLSA and overtime.

Mediator Style & Process Preferences

Helps all parties decide whether a settlement is a better resolution to their dispute than their BATNA (Best Alternative to a Negotiated Agreement). Uses a caucus-style approach and expects parties and their representatives to participate actively in the joint and caucus sessions. Generally, requires parties to exchange draft settlement agreements in advance of the mediation and seeks to have a complete settlement agreement executed at the conclusion of the mediation.

Technology Proficiency

Since COVID epidemic has conducted numerous Zoom mediations and arbitrations. More recently over 50% of mediations and arbitrations are done on Zoom. In one case, a military lawyer represented his client while on TDY in New Zealand.

Education

St. Louis University (JD, cum laude-1971; AB, cum laude-1968).

Professional Licenses

Admitted to the Bar: Missouri (1972); U.S. District Court: Eastern (1972) and Western (1972) Districts of Missouri; U.S. Court of Appeals: Eighth Circuit, Federal Circuit; U.S. Supreme Court (1977). Certified Neutral, U.S. District Court: Eastern District of Missouri (1994). Southern District of Illinois.

Professional Associations

National Academy of Arbitrators (2010); Association of Attorney Mediators; National Academy of Distinguished Neutrals; College of Labor and Employment Lawyers; American Bar Association (Labor Law Section), ; Missouri Bar Association (Labor Law Section); Bar Association of Metropolitan St. Louis; St. Louis County Bar Association.

Recent Publications & Speaking Engagements

Numerous contributions to law journal articles, CLE materials and presentations including chapter on ADR in Missouri Bar Employment Discrimination Handbook, and papers for presentation at attorneys' conferences. Faculty, "Arbitration Prep and Presentation," Utility Workers Union of America Region IV Conference, 2010.

Locations Where Parties Will Not be Charged for Travel Expenses

Now offering virtual arbitration hearings and mediations. No time or travel expenses will be charged for cases in the St. Louis, Missouri metropolitan area.

Compensation

Hourly Rate: $450.00 Daily Rate: Not provided Study Rate: $450.00/hr Cancellation: $900.00/Day Cancellation Period: 10 Days Comment: Two hours charged if cancelled with less than ten (10) business days' notice. Travel time billed for travel outside the St. Louis, Missouri, metropolitan area. Charges will be billed for out-of-pocket expenses. Labor mediations are charged at a daily rate of $1,750.00/day. Cancellation fee is one day's rate of $1,750.00 if cancelled within 30 days of the scheduled mediation. Travel and out of pocket expenses will be charged as stated above.

Languages

English

Citizenship

United States of America

Locale

St. Louis, Missouri