Mediator Resume

Member of the National Academy of Arbitrators, practicing as a full-time arbitrator and mediator in the private and public sectors. Experience includes discipline and discharge, contract interpretation, EEO claims, wage and hour disputes, and employee benefits disputes under ERISA and MPPAA. Mediation of hundreds of employment disputes involving discrimination, retaliation, and wage and hour violations under Title VII, ADEA, ADA, FLSA, FMLA, and state and local laws, as well as disputes involving non-compete agreements. Service as neutral Chairman of the International Monetary Fund's Grievance Committee. Extensive experience with videoconference proceedings and technology in ADR.

Impartial Arbitrator and Mediator

Impartial Arbitrator and Mediator, Keith D. Greenberg, Esq., 2012 - Present; Associate Attorney, Duane Morris LLP, 2010 - 2012; Research Assistant, Scheinman Institute for Conflict Resolution, Cornell University, 2006 - 2007; Intern, Nassau County Office of Labor Relations, 2005 - 2005.

More than a decade in practice as a full-time neutral resolving labor and employment disputes. Prior to establishing a neutral practice, several years in practice as an attorney in labor and employment law. Member of the National Academy of Arbitrators. Full-time practice resolving labor, employment, and benefits disputes in the private, public, and federal sectors through grievance arbitrations, interest arbitrations, employment arbitrations, MPPAA withdrawal liability arbitrations, and grievance and employment mediations. Experience includes service as sole arbitrator and as the neutral member of tripartite panels. Extensive experience with in-person as well as videoconference arbitration and mediation proceedings. Arbitration and mediation of employment disputes involving discrimination, retaliation, and wage and hour violations under Title VII of the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Fair Labor Standards Act (FLSA), the Equal Pay Act (EPA), the Family and Medical Leave Act (FMLA), the Genetic Information Nondiscrimination Act of 2008 (GINA), and state and local civil rights and wage and hour laws, as well as disputes involving non-compete agreements. Service as Chairperson for the Grievance Committee of the International Monetary Fund, chairing a panel of neutrals hearing claims of workplace disputes, including pay disputes, discrimination, and benefits issues, for staff members of the IMF. Previous service as a Member of the Personnel Appeals Board for the United States Government Accountability Office (GAO). **MPPAA and Employee Benefits Experience** Extensive experience working with Ira F. Jaffe, Esq., Impartial Arbitrator and Mediator, on a variety of employee benefits issues; mediations and arbitrations of Taft-Hartley plan trustee disputes; claims for benefits under retirement and welfare plans; plan claims appeals, including questions regarding the appropriate standard of review applicable to those claims; variety of withdrawal liability disputes under MPPAA, including calculational challenges (including interest rates and whether certain benefits were nonforfeitable), questions as to whether there has been a complete or partial withdrawal, questions related to the claimed application of the building and construction industry exemption, questions concerning the Section 4219 payment schedule, questions regarding the controlled group, and others; and, employee benefits claims of various types.

Mediation of hundreds of employment disputes in the public and private sectors involving claims under Title VII of the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Fair Labor Standards Act (FLSA), the Equal Pay Act (EPA), the Family and Medical Leave Act (FMLA), and state and local civil rights and wage and hour statutes, as well as numerous disputes involving non-compete agreements. Mediation experience includes disputes involving allegations of discrimination (including disability, sexual orientation, and other protected statuses); retaliation (under whistleblower protection statutes, for protected Equal Employment Opportunity (EEO) complaint activity, and other matters); wage and hour violations; and other labor and employment matters. Clients have been in private sector, public sector, and federal sector. Experience includes highly sensitive disputes involving prominent organizations. Service as EEO hearing examiner addressing claims of hostile work environment on basis of sex as well as retaliation for engaging in protected activity. Service as Neutral Vice-Chair of the Annual Section Conference Planning Committee of the American Bar Association's Section of Labor and Employment Law. Elected Fellow of the American Bar Foundation. Current service as President of the Society of Federal Labor and Employee Relations Professionals and as a member of the National Academy of Arbitrators' Artificial Intelligence Study Group. Previous service as President of Maryland Labor and Employment Relations Association from 2021 to 2022 and as Co-Chair of the Steering Committee of the D.C. Bar's Labor and Employment Law Community from 2016 to 2018. Member of the Cuban American Bar Association; fluent in Spanish. Several years in practice as an attorney in New York City in the labor and employment practice group of Duane Morris LLP prior to establishing a full-time neutral practice in the Washington, D.C. area in 2012. Graduate of the Cornell University School of Industrial and Labor Relations and of the University of Michigan Law School. Co-taught a seminar on labor and employment arbitration and mediation in the fall of 2013 at the George Washington University Law School.

**Employment Mediation** Mediation of hundreds of employment disputes involving federal, state, and local claims, including: • Discrimination claims based on race, sex, national origin, religion, age, disability, sexual orientation, and other protected statuses under Title VII of the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and state and local civil rights statutes • Retaliation claims, including retaliation for protected Equal Employment Opportunity (EEO) complaint activity, whistleblower protection matters, and other protected activities • Hostile work environment claims based on sex and other protected characteristics • Wage and hour disputes under the Fair Labor Standards Act (FLSA), the Equal Pay Act (EPA), and state and local wage and hour laws • Family and Medical Leave Act (FMLA) disputes • Non-compete agreements • Wrongful termination and constructive discharge claims • Reasonable accommodation disputes under the ADA and state disability laws **Labor Mediation** Mediation of labor disputes arising under collective bargaining agreements in the private, public, and federal sectors, including: • Discipline and discharge matters • Contract interpretation disputes • Bargaining impasses

I typically start with a joint session to make sure everyone is on the same page about process and confidentiality expectations. My use of further joint sessions and caucuses adapts to the particular needs of the parties, their relationship, and the nature of the dispute. Some cases benefit from continued joint discussion; others resolve more effectively through separate conversations. I am equally comfortable mediating in person or by video—I can manage a breakout room as effectively as I can manage a conference room. My role shifts depending on what the situation requires—I might serve as coach, sounding board, communications facilitator, reality check, or referee. I use a mix of facilitative and evaluative approaches, adapting to the needs, requests, and receptiveness of the parties I am working with. I bring significant training in active listening and specialized experience with labor and employment disputes to help employers, unions, and employees settle matters before they reach formal proceedings—whether litigation, administrative hearings, or arbitration. Honesty and integrity are central to what I do—parties can expect straightforward communication and ethical conduct. I require parties to respect the mediation process and everyone who participates in it. Zealous advocacy is appropriate and often essential, but courtesy and professionalism are equally necessary. I expect parties to engage in good faith—mediation is a joint effort by everyone involved to resolve the dispute. Parties have a right to expect confidentiality. Any information specifically marked as confidential will not leave my discussion with the party who provided it. Parties should also expect substantial pre-mediation communication—in-person meetings, conference calls, emails, or written submissions—depending on what the case needs and what works best for the parties. My experience with collective bargaining has taught me that workplace disputes often involve continuing relationships. I do not use a transformative mediation approach, though I am happy to encourage parties to work on their communication when misunderstandings seem to be driving the dispute and when that would be helpful. In situations where the employment relationship will continue, recognizing that reality can encourage parties to be more reasonable in their demands and responses.

Extensive experience conducting videoconference arbitration and mediation proceedings across all practice areas. Proficiency includes managing complex multi-party video hearings, utilizing breakout rooms for caucuses, handling exhibits and document sharing in virtual environments, and troubleshooting technical issues in real-time to keep proceedings running smoothly. Comfortable working with all major videoconference platforms and virtual hearing software. Experience includes hybrid proceedings combining in-person and remote participants. Equally comfortable managing virtual proceedings as in-person hearings, with the ability to pivot between formats based on party preference and case needs while maintaining quality and efficiency. Served as Technology Coordinator for the National Academy of Arbitrators (NAA), providing guidance and support to fellow neutrals on technology integration in dispute resolution. Co-author of a chapter in *Labor and Employment Arbitration* (Bornstein, Gosline, Greenbaum, and Mayberry, Eds.) (Matthew Bender) on conducting video hearings. Training experience includes serving as a trainer and faculty member for video arbitration and mediation programs sponsored by the National Academy of Arbitrators, the Federal Mediation and Conciliation Service (FMCS), the Labor and Employment Relations Association (LERA), the American Arbitration Association (AAA), and the American Bar Association (ABA)'s Section of Labor and Employment Law. Beginning in April 2020, delivered presentations and training sessions helping neutrals and advocates develop skills for effective virtual advocacy and dispute resolution, including programs on witnesses via videoconference, virtual hearing basics, and lessons learned from the transition to remote proceedings. Member of the National Academy of Arbitrators' Artificial Intelligence (AI) Study Group, exploring implications of AI technology for the arbitration and mediation profession. The study group examines issues including transparency in AI-assisted decision-making, fairness and bias considerations, standards for evaluating AI-generated evidence, appropriate uses of AI tools by neutrals and parties, and the evolving role of neutrals in an AI-influenced environment. Speaker and presenter on technology and AI topics in dispute resolution. Recent presentations include "A.I. in Arbitration: A Cautious Approach" at the NAA's 78th Annual Meeting (May 2025); "Technology and A.I.: The Impact on Dispute Resolution in the Workplace" for Maine LERA (March 2025); "Artificial Intelligence in the Workplace" at Virginia LERA Annual Conference (September 2024); and moderator of "Generative A.I. and Labor Arbitration – As the Case Develops, at the Hearing, and on the Arbitrator's Desk" at the NAA's 77th Annual Meeting (May 2024). Additional presentations include "The Future of Virtual Hearings" (joint webinar by NAA, ABA Section of Labor and Employment Law, and Association of Labor Relations Agencies, August 2021) and "Virtual Labor Arbitration Hearings" (AAA webinar, August 2020). Committed to ensuring all participants can fully engage in proceedings regardless of their technological comfort level. Experience includes helping parties and witnesses work through technical challenges and adapting procedures to accommodate varying levels of technological sophistication.

University of Michigan Law School (J.D. - 2010); Cornell University School of Industrial and Labor Relations (B.S., Industrial and Labor Relations - 2007).

Admitted to the Bar: New Jersey (2010), New York (2011), District of Columbia (2013 - inactive status).

• Member, National Academy of Arbitrators (Technology Coordinator; A.I. Study Group; Board of Governors, 2021-2024) • President, Society of Federal Labor and Employee Relations Professionals (SFLERP) • Neutral Vice-Chair, Annual Section Conference Planning Committee, American Bar Association (ABA) Section of Labor and Employment Law • Fellow, American Bar Foundation • D.C. Bar Labor and Employment Law Community (Co-Chair, 2016-2018) • Employment Committee, ABA Section of Dispute Resolution (Co-Chair, 2016-2020) • National Association of Railroad Referees • Labor and Employment Relations Association (LERA) (Maryland and Virginia Chapters) (Past President, Maryland Chapter) • Cornell ILR Alumni Association • Cuban American Bar Association

**Technology and Artificial Intelligence in ADR** • Panelist, "A.I. in Arbitration: A Cautious Approach," 78th Annual Meeting, National Academy of Arbitrators, May 1, 2025 • Panelist, "Technology and A.I.: The Impact on Dispute Resolution in the Workplace," Maine Labor and Employment Relations Association, March 10, 2025 • Panelist, "Artificial Intelligence in the Workplace," Virginia LERA Annual Conference, September 10, 2024 • Moderator, "Generative A.I. and Labor Arbitration – As the Case Develops, at the Hearing, and on the Arbitrator's Desk," 77th Annual Meeting, National Academy of Arbitrators, May 8, 2024 • Moderator, "The Future of Virtual Hearings," Joint Webinar by the National Academy of Arbitrators, American Bar Association Section of Labor and Employment Law, and Association of Labor Relations Agencies, August 19, 2021 • Panelist, "Virtual Labor Arbitration Hearings," American Arbitration Association Webinar, August 21, 2020 • Presenter, "Witnesses via Videoconference," National Academy of Arbitrators Webinar, July 13, 2020 • Panelist, "Using Videoconferencing in Labor and Employment Arbitration and Mediation," Joint Webinar by the National Academy of Arbitrators and ABA Section of Labor and Employment Law, May 7, 2020 • Panelist, "Videoconferencing for Arbitrators," Joint Webinar by the National Academy of Arbitrators and the Federal Mediation and Conciliation Service, April 2, 2020 **Labor and Employment Arbitration and Mediation** • Faculty, "How the Arbitrators Decide What the Parties Meant: Effective Approaches to Contract Interpretation," American Arbitration Association Webinar, October 21, 2024 • Panelist, "Advice from the Arbitrators," Virginia LERA Webinar, March 9, 2023 • Presenter, "Past Practice in Labor Arbitration," New York City Office of Collective Bargaining, February 7, 2023 • Program Faculty, "Understanding and Defending 'Past Practice' Issues in Labor Arbitration," American Arbitration Association Webinar, November 16, 2022 • Panelist, "Recent Developments Under the Federal Arbitration Act," 16th Annual Labor and Employment Law Conference, ABA Section of Labor and Employment Law, November 10, 2022 • Presenter, "Video Arbitration Hearings: the Basics, and Lessons Learned," Society of Federal Labor and Employee Relations Professionals Webinar, October 27, 2022 • Moderator, "Solving the Puzzle of 'Just Cause' in Arbitration," American Arbitration Association Webinar, May 18, 2022 • Presenter, "Contract Interpretation in Labor Arbitration," New York City Office of Collective Bargaining, January 24, 2022 • Panelist, "Current Developments in Labor and Employment Arbitration," ADR in Labor & Employment Law Committee Mid-Winter Meeting, ABA Section of Labor and Employment Law, February 11, 2021 • Panelist, "Problem Witnesses, Problem Advocates, Problem Arbitrators," Successful Labor Arbitration Techniques 2019, American Arbitration Association, November 15, 2019 **Federal Sector and Public Sector Labor Relations** • Program Faculty, "Federal Sector: Arbitration – Law and Practice," 43rd FMCS Arbitration Symposium, October 12, 2023 • Panelist, "Public Sector Law Update," The Virginia Bar Association, 54th Annual Conference on Labor and Employment Law, September 21, 2024 • Moderator, "Collective Bargaining in Virginia Counties & Cities," Virginia LERA Conference, September 22, 2022 • Program Faculty, "Federal Sector: Arbitration – Law and Practice," 41st FMCS Arbitration Symposium, May 6, 2021 **Publications** • Co-author, Conducting Video Hearings, in Labor and Employment Arbitration (Bornstein, Gosline, Greenbaum, and Mayberry, Eds.) (Matthew Bender) • Contributing Editor, The Developing Labor Law, Bloomberg BNA and Committee on Development of the Law Under the National Labor Relations Act, ABA Section of Labor and Employment Law (7th Edition; 2013 – 2019 Supplements to 6th and 7th Editions)

Hourly Rate: $600.00 Daily Rate: Not provided Study Rate: $600.00/hr Cancellation: $2,880.00/Day Cancellation Period: 15 Days Comment: A minimum charge of six (6) hours is payable for any day on which a mediation session is held. For labor mediations, a flat rate of $2,200 per day is charged. Travel Time and Expenses - Per diem charges may be made on a pro-rata basis for time spent traveling to and from the mediation site. Charges are also made for actual and necessary expenses of travel, lodging, meals, and incidentals that may relate to the hearing. Personal automobile mileage expenses are charged at the then-current IRS rate. Additional charges may apply for cancellation or change fees associated with airfare purchased as nonrefundable travel. (Such purchases may be made when significantly less expensive than refundable travel unless the Parties request otherwise.) For video mediations, no expenses are incurred by the Parties for the use of videoconferencing platforms provided by the Mediator. Postponements and Cancellations - For mediations, a six-hour charge for a single scheduled mediation date is payable if notice of the cancellation or postponement is first received less than 15 days prior to a scheduled mediation date of a single day. If notice of cancellation or postponement is first received less than 30 days prior to: a) the first of consecutively scheduled mediation dates (two or more consecutive dates reserved, including on consecutive business days); or b) the first of multiple mediation dates scheduled in the same calendar week, a six-hour charge is payable for each of the multiple scheduled days that were cancelled. For labor mediations, a full day's per diem is owed for a late cancellation as defined above.

English; Spanish

United States of America

North Bethesda, Maryland