Mediator Resume

Burrell Dispute Resolution – Principal

Principal, Burrell Dispute Resolution, 2013 – 2014 & 2015 – Present; Professor of Labor Law, Phoenix School of Law, 2013; Director of Labor Relations, First Energy, 2014 – 2015; Vice President (Labor Relations), Republic Services Inc., Vice President, 2007 – 2011; Director of Labor Relations/Labor Counsel, Penske Truck Leasing, 2003 – 2007; Counsel, Grotta Glassman and Hoffman (now Fox Rothschild), 1997 – 2003; National Labor Board, 1989 – 1997.

During ten years in private practice represented employers in employment litigation (race/religion/sex harassment and discrimination, non-compete agreements, drug-testing) ERISA and MEPPA, and federal and state wage hour litigation. Head of employee relations for Allied Waste and then post-merger for Republic Services. At Republic Services, developed and implemented strategies to address potential liability for pension underfunding and reduce added costs under the then-new Pension Protection Act. Left Republic shortly after the implementation of the Affordable Care Act and subsequently became an arbitrator/mediator. Have developed an extensive employment neutral practice over approximately the past ten years.

NJ Courts R.1:40 Qualified Mediator (Roster of Court-Approved Civil Mediators), limited to Labor and Employment litigation EEOC Outside Mediator (New York City) Arizona Attorney General Conflict Resolution Program (matters under state discrimination statute or joint filings with EEOC).

Has mediated allegations including sexual harassment, discharge based on race and gender, and public access based on race. In one sexual harassment matter an office employee claimed she had been discharged because of her objections to comments of a sexual nature made by her manager and co-workers. In another sexual harassment case (which settled) the office manager claimed that her discharge for alleged theft for expending $25 without prior approval was pretextual because the charging party had on more than one occasion informed the medical professional that his conduct was inappropriate (comments accompanied with touching). Has mediated a reverse-discrimination claim by a white former employee against his Hispanic supervisor. In the public access case the complainant alleged that she was required to leave the library of a local university before its regular closing time due to her race (Black).

While the goal of labor and employment mediation is to achieve settlement, the means and methodologies are substantially different. In labor mediation the parties have an ongoing relationship. The mediator's job to find mutuality while facilitating, preserving and advancing their relationship. Conversely in employment mediation the parties often no longer have a relationship and no interest in one. There the mediator's role to ascertain each party's desired resolution, to determine or develop an overlap, and to fashion a settlement utilizing that overlap. Labor mediation has a high rate of success because the parties recognize the need to expeditiously resolve the matter. Conversely employment mediation is often spread over a period of time, the most important factor being to keep the parties interested and engaged. Generally, the parties will tell me how to settle, my job is to create an environment where they are prepared to cooperate, and for me to listen. Accordingly, the key is that the parties themselves are involved, particularly plaintiffs and grievants. Because plaintiffs may be proceeding pro se, I may need to function as an "ambassador. They need to understand the process, the mediator's role, and the pros and cons to settling versus litigation. Everyone must be treated with respect and to be heard. Everyone has a voice. While mediation is not as formalistic as arbitration, it may be an equally complex process. However while challenging at times it is extremely rewarding to develop creative strategies, to find common ground where none existed, and to bring closure so the parties can move on.

Georgetown University Law Center (LLM., Labor and Employment Law-1991); The American University, Washington College of Law (JD-1986); Cornell University School of Industrial and Labor Relations (BS-1979).

Admitted to the Bar: Pennsylvania (1986), New Jersey (2000), New York (1999).

College of Labor and Employment Lawyers (Fellow) Cornell University Industrial & Labor Relations Alumni Assoc. (Past President) Cornell ILR Dean’s Advisory Council (past member) NJ Bar Association; L&E Section (executive committee); ADR Section (chair); Minorities in the Profession Section (former chair) NJ Bar Association L+E Quarterly Journal (Editorial Board member) New Jersey Supreme Committee on Complimentary Dispute Resolution (member) Sidney Reitman Labor and Employment Inn of Court (Master of the Bench) LERA (Arizona past president, NJ former Secretary) American Bar Association, Labor and Employment Section, Neutral Track Coordinator; ADR Section New York Bar Association L&E and ADR Sections National Bar Association, ADR Section (Chair), L&E Section (executive committee member) Garden State Bar Association (NBA NJ affiliate, former president).

"ADR and the Federal Arbitration Act," National Bar Asociation Labor and Employment Section Annual Meeting (moderator and presenter), 2022 "Employment Arbitration After Epic Systems: An Arbitrator’s Viewpoint,” New Jersey Bar Labor and Employment Law Journal, Vol. 40 No. 1, February 2019 “Private Resolution of Labor and Employment Disputes,” Summer Labor and Employment Law Institute, New Jersey Bar, 2016 “Employment Law Roundtable; Employment Arbitration Agreements,” New Jersey Bar, 2015 “Ask the Arbitrator,” National Public Employer Relations Association, 2014 “Arbitration As A Means of Dispute Resolution,” Minority Corporate Counsel Assoc, 2013

New York City, New Jersey, Pennsylvania, Connecticut, Maryland, Washington DC, Virginia

Hourly Rate: $700.00 Daily Rate: Not provided Study Rate: $700.00/hr Cancellation: $700.00/hr Cancellation Period: 30 Days Comment: Compensation rates, established by the AAA, are set forth in the applicable Consumer Mediation Procedures.

English

United States of America

Morristown, New Jersey