Mediator Resume

Bixenstine Resolutions LLC

Arbitrator and Mediator - Employment and Labor Litigation, Alternative Dispute Resolution, Employment and Commercial Contract Disputes, Non-Competition/Trade Secrete Litigation, and disputes involving complex statistical or financial issues.

Bixenstine Resolutions LLC, 2015 – Present; Partner, Vorys Sater Seymour and Pease LLP, 2011 – 2015; Shareholder, Ogletree Deakins Nash Smoak & Stewart P.C., 2008 – 2011; Partner, Ulmer & Berne LLP, 1995 – 2008; Duvin Cahn & Hutton, 1985 – 1995; Hahn Loeser, 1983 – 1985; Taft Stettinius & Hollister, 1981 – 1985; Assistant Professor (joint appointment in political science and statistics), Iowa State University, 1976 – 1978.

Arbitrator and mediator of employment and labor disputes, commercial and employment contract disputes, and non-competition/trade secrets disputes, with specialized expertise in analyzing complex statistical and financial issues. Has lectured and published on employment ADR, and actively promoted the use of ADR to resolve employment disputes, and drafted and negotiated employment, government and commercial contracts, and ADR agreements. Before becoming a pure neutral in 2015, litigated on behalf of employers in jury and bench trials, administrative hearings and arbitrations, and advocated for employees in resolving employment termination issues. Has provided preventive legal counsel to employers and employees covering the entire range of personnel issues, including contract administration, hiring, firing, mergers, relocations, force reductions and collective bargaining.

Mediator in over 120 commercial or employment-related disputes since 1998, involving employment contract disputes, commercial contract disputes, employment discrimination, employment-related tort claims, FLSA claims, FMLA claims and a variety of ERISA or benefits-related disputes, and 8th Amendment claims.

Employment discrimination (age, race, disability, gender, reverse gender, reverse race) issues of intent and measure of damages; ADA reasonable accommodation, breach of Ohio public sector employee statutory rights; breach of settlement agreement; common law wrongful discharge, promissory estoppel, FLSA off the clock work, FLSA training time, FLSA professional exemption, retaliation claims, scope of res judicata arising from arbitration award; Fair Housing Act; FMLA retaliation; defamation; interference with business relations; dispute regarding employer obligations to multi-employer benefit plan; legality and scope of assignment of entitlement to health care benefits; breach of employment contract; breach of commercial contract; breach of contract in denial of LTD/STD benefits; ERISA fiduciary duty claims, ERISA denial of benefits (health care, retiree), ERISA fiduciary duty (stock valuation); ERISA scope of obligations of stop loss insurer; impact of bankruptcy on assignment of entitlement to health care benefits; ERISA scope of review of administrative benefits determination; ERISA COBRA violations; ERISA recovery of overpayment: application of indemnity clauses in re-insurance contracts for health care reinsurance; scope of liability of third party group health plan fiduciary regarding reinsurance contracts; scope of fiduciary duties of health care benefits consultants; scope of fiduciary duties arising from profit sharing plans re segregation of assets; appropriate measure of damages after improper distribution of profit sharing plan assets, claims for restitution contribution and indemnification arising from disputes relating to distribution of profit sharing plan assets; prisoner Cruel and Unusual Punishment through deliberate indifferent to medical issues, Cruel and Unusual Punishment through harassment while in custody.

More than 95% of cases eventually settle, but very often on the court-house steps or after substantial expense that can be avoided through well-timed mediation. The mediator's challenge is to bring to life the full force of the factors that drive cases to eventual settlement - the parties' real interests, their financial and personal stakes, the risks of their litigation positions and the uncertainty of the litigation process. I do that by (i) learning from the parties in advance of the mediation about the dynamics of their dispute and then jointly developing a mediation plan, (ii) creating an setting where the parties can constructively voice their positions and interests with dignity, (iii) developing rapport with each side based on an honest respect for their views, and (iv) partnering with each side to productively weight the benefits of resolution against the risks and uncertainties of litigation.

University of Chicago (J.D.-1981); Indiana University (Ph.D., Political Science-1977; M.A., Statistics-1973); Kent State University (B.A., magna cum laude-1971).

Admitted to the Bar: Ohio (1981); U.S. District Court: Southern (1981) and Northern (1983) Districts of Ohio; U.S. Court of Appeals, Sixth Circuit (1981).

Cleveland Metropolitan Bar Association, Trustee, Cleveland Metropolitan Bar Foundation; Ohio Bar Association, American Arbitration Association (formerly Labor Advisory Committee member and Chair, and Program Committee Chair); Member, Kent State University National Alumni Board of Directors; Advisory Board, Kent State University Honors College.

Alternative Dispute Resolution: -Chapter author, "Implementing a Program of Employment Alternative Dispute Resolution Under the American Arbitration Association June 2009 Employment Arbitration Rules and Mediation Procedures," CORPORATE COUNSEL'S GUIDE TO ALTERNATIVE DISPUTE RESOLUTION TECHNIQUES, Thomson Reuters, December 2009; -Chapter author, "A Detailed Look at ADR Program Construction," chapter 6, INSIDE THE MINDS: ALTERNATIVE DISPUTE RESOLUTION CLIENT STRATEGIES, Aspatore Books, April 2007; -"Implementing a Program of Employment Alternative Dispute Resolution Under the American Arbitration Association 2001 National Rules for the Resolution of Employment Dispute," Business Laws, Inc., Thompson-Reuters, May 2004; -"Employment Dispute Resolution Procedures (DRP)," EMPLOYMENT LAW COUNSELOR, April 2004; -"Policy on Resolving Employment-Related Disputes," EMPLOYMENT LAW COUNSELOR, April 2004; -"Implementing a Program of Employment Alternative Dispute Resolution Under the American Arbitration Association 1999 National Rules for the Resolution of Employment Dispute," Business Laws, Inc., January 2003, January 2002, November 2000, May 2000; -"An Alternative Dispute Resolution (ADR) Primer," COUNCIL ON EDUCATION IN MANAGEMENT, December 2003; -"Sample ADR Program and Arbitration Clause (Employment Context)," MODELS OF AGREEMENTS FOR CORPORATE COUNSEL, Business Laws, Inc., February 2002; -"Complete ADR Program (as Agreement or Policy)," Business Laws, Inc., March 2002; March 2001; Substantive Law: -"Employer FMLA Survival Kit," Thompson Reuters, for publication in 2012; -"Last Chance Agreements," The 2010 FMCS Arbitrator & Advocate Symposium, 2010; -"Immigration Compliance Watch 2009," BEST OF LABOR AND EMPLOYMENT LAW, Ohio State Bar Association, 2010; -"Avoiding Misclassifications and Improper Salary Deductions for Exempt Employees Under the Revised FLSA White-Collar Exemption Regulations," Chapter for Employment Law Update 2006, Council on Education in Management; -"Avoiding a Failure to Properly Follow the Medical Certification and Recertification Process," Chapter for FMLA Update 2005, Council on Education and Management; -"Solutions to the Never-Ending FMLA Conundrums: Recent Legal Developments and Answers to Your Most Pressing Compliance Questions," Chapter for FMLA Update 2005, Council on Education and Management; -"Employer FMLA Survival Kit," THE LAWYER'S BRIEF, July 2004; -"The Coolidge Decision: What Employers Should Do Now," CLEVELAND BAR JOURNAL, April 2004; -"Employment Verification Presents Challenges in the Aftermath of 9-11," Ohio State Bar Association, FINE PRINT, Fall 2002; -"High Tech Discovery Issues," BEST OF LABOR & EMPLOYMENT LAW: UPDATES, OVERVIEWS AND SOLUTIONS, Ohio CLE Institute, March 1999; -"Fair Credit Reporting Act," Business Laws, Inc., March 1998.

Hourly Rate: Not provided Daily Rate: $2,600.00 Study Rate: $325.00/hr Cancellation: $325.00/hr Cancellation Period: 4 Days Comment: No charge for all pre-meeting communications. Up to 4 hours of any post-meeting communications at no charge. Study Time billed at hourly rate; expenses at cost. Travel time within 2.5 hours without charge, otherwise at agreed upon rate. If a scheduled mediation is cancelled within less than four business days of the mediation conference, the parties will be assessed for time incurred in preparation for the mediation (but not pre-mediation communications time) (to be paid by the party requesting the cancellation or, if jointly requested, proportionately by each requesting party).

English

United States of America

Shaker Heights, Ohio