Mediator Resume

Arbitrator and Professor. Balanced background - first represented management ifor 2 decades at various major New Jersey, New York, and Maryland corporations and law firms. New Jersey public section law experience at a leading N.J. boutique firm. Then represented employees in employment litigation for 2 decades. Experience hearing online and in-person cases.

E. Patrick McDermott - Arbitrator University of Maryland System - Professor (Negotiation, Labor Law, Labor Relations)

Labor and Employment Arbitrator Professor

Labor Arbitrator, 2022 - Present; Professor of Law and Management, Franklin P. Perdue School of Business, Salisbury University, 2000 - Present; Distinguished Visiting Professor in Negotiation and Law, United States Air Force Academy, Effective July 2024 - May 31, 2025; Law Office of E. Patrick McDermott LLC, 1998 - 2022; Of Counsel, Serotte Rockman & Wescott, 1997 - 1998; Associate General Counsel, ABC Inc. division of The Walt Disney Company, NYC, 1993 - 1997; Limited Partner, Weinberg and Green (now Saul Ewing LLP), Baltimore, 1989 - 1993; Attorney, Law Offices of Gerald Dorf, Rahway, N.J.1988 - 1989; Labor Relations, Pan-American World Airways, NYC,1985 - 1988; Senior Personnel Administrator, Johnson & Johnson, New Brunswick, NJ,1983 - 1985; Field Examiner, National Labor Relations Board - Region 22, Newark, N.J. 1980 - 1983.

Mediation and Med-Arb. Numerous Labor Arbitration Awards issued on a range of contract and discipline cases in a national practice. Member of numerous AAA, federal, state, and city panels.

Med-arb in FMCS cases. Pro Bono mediator in employment discrimination cases. Extensive experience as advocate for management and employee in mediation. Scholar on workplace dispute resolution with many publications on mediation processes including five studies currently posted on the EEOC website.

Employment discrimination; med-arb of public safety agreement; arbitration cases upon party request.

My years with the NLRB and in labor-management relations establish my bona fides to fill the role of our great federal mediators who are no longer providing services at the FMCS. I have bargained and arbitrated cases in the first chair. This experience includes key roles at Pan Am, ABC/Disney, and J&J. For employment law disputes, my management-side labor and employment law experience is balanced by my subsequent years as a plaintiff's side employment law litigator. I gained keen insight into the challenges that advocates and the parties face on both sides of the table, and from those outside of the mediation, and the tactics that can be used in negotiation and mediation. This gives me a well-rounded view of both sides of these complex disputes. I respect the multitude of challenges in the mediation problem-solving challenge. My style is eclectic. I reject any mediation style superiority claims as a gimmick. My style incorporates 40 years of balanced experience on both sides of employment and labor disputes. I then add my experience as a leading empirical scholar on the mediation process and my related program evaluation of the TSA and EEOC dispute resolution programs. My career as an advocate, my scholarship (including my Harvard Negotiation Law Journal piece on evaluative vs. facilitative mediation styles) and my current service as a neutral have caused me to see mediation as a complex process where no one size fits all. Labor Mediation usually involves complex issues, collective bargaining history, and party relationships. It requires a mediator who has worked in this industry culture or who can quickly grasp how the culture of the workplace influences the dispute. Employment Mediation can be a transactional process and/or a case with powerful underlying human dignity and related cognitive issues on both sides of the table. My experience informs me that most parties and counsel come to mediation with an intent to resolve their dispute; the mediator is there to let this play out using a variety of tools and tactics. My tactics vary based on the case and the unique parties and counsel. One can never underestimate the importance of listening and flexibility in helping the parties reach an agreement. Finally, my cases as a neutral, my prior academic research, and my advocate experience in online mediation with Federal Magistrate judges and other third parties lead me to conclude that Online Video Mediation can be an effective tool due to its flexibility and cost-effectiveness. I recently published a detailed analysis of this process in the Ohio State Journal of Conflict Resolution, where I address the decline of in-person mediation.

Extensive arbitration experience with Zoom, Microsoft Teams, and other platforms. Proficient in the use of an AI-assisted mediation platform. At USAFA introduced the first use of an AI-assisted platform in Negotiation courses whiles serving as Distinguished Visiting Professor. Familiar with the Adobe Suite and use of AI.

The George Washington University (Ph.D., Human Resources Management, Minor, Organizational Behavior - 1998); New York University School of Law (LLM, Taxation - 1988); Rutgers - Newark School of Law (JD - 1984); Cornell University (MS, Collective Bargaining, Minor, Comparative Industrial Relations Systems - 1980); Cornell University (BS, Industrial and Labor Relations - 1978); Essex Community College (AA - 1976). Ph.D., LL.M., and J.D. were earned at night while working in various federal and proviate labor law and employment law positions.

Admitted to the Bar: New Jersey (1984), New York (1985), Florida (1988), Maryland (1989).

Labor and Employment Relations Association Florida State Bar Association Florida State Bar Association Section on Labor and Employment Law, Dispute Resolution and State and Local Government practice American Bar Association American Bar Association Section of Dispute Resolution American Bar Association Section of Labor and Employment Law Fulbright Association (former Fulbright Scholar in China and Romania)

Publications: Journal of Dispute Resolution, University of Missouri School of Law, The Repeat Player Effect: Much Ado About Nothing, accepted for publication in Summer 2025. (Winner of the 2024 Journal of Dispute Resolution/National Academy of Arbitrators Writing Competition ). Ohio State University Dispute Resolution Journal, Fitting The Forum To Fit The Fuss - The Rise Of Online Video Mediation For Workplace Dispute Resolution, accepted for Vol. 40 (2025). Labor Law Journal (Revue De Droit Du Travail), La Mediation En Ligne, Une Voie Pour La Lute Contre Les Discriminations (Online Mediation, A Way To Fight Discrimination) Monthly No. 10 (2022). Advances In Industrial and Labor Relations, Online Mediation Participant Experience At The Equal Employment Opportunity Commission - Do The Data Herald The Creative Destruction of In-Person Dispute Resolution?, Vol. 27:101-111. (2022) Employee Rights and Employment Policy Journal, Perceptional Differences Between Mediation Parties and Their Influence On Resolution of Employment Law Disputes At The EEOC, Vol. 24, No. 4, 2020. Dispute Resolution Magazine, American Bar Association, 2018, Vol. 24, No. 4, After 20 Years, Mediation is Mainstream at the EEOC, with Stephen Ichniowski, Katherine S. Perez, and Jennifer Ortiz Prather. Reprinted in GPSolo eReport, American Bar Association Solo, Small Firm, and General Practice Division, 2018. Equal Employment Opportunity Commission, 2022 - The Equal Employment Opportunity Commission Mediation Participants Experience in Online Mediation and Comparison to In-Person Mediation, Principal Researcher (released June 1, 2022). Equal Employment Opportunity Commission ("EEOC"), 2022 - EEOC Mediators' Perception of Remote Mediation and Comparisons to In-Person Mediation, Principal Researcher, (released June 1, 2022). Presentations: April 25 - ABA Section on Dispute Resolution, Annual Conference, Chicago - The Dynamics of Arbitrator Selection and Continued Use August 22, 2024 - EEOC, EXCEL Conference, New Orleans, LA, Using Online Mediation: Maximizing Access to Justice and Dispute Resolution Efficiency June 26, 2024 - TRIAD, The first combined Annual Meetings of the Labor and Employment Relations Association "(LERA"), International Labor and Employment Relations Association, and FMCS, Panel Organizer and Chair, Artificial Intelligence and Labor Arbitration: What Arbitrators and Parties Need to Know About the Future that Is Upon Us. June 28, 2024 - TRIAD, The Continuing Rise of Online Dispute Resolution: Will AI Become a Primary Tool in Workplace Dispute Resolution? June 29, 2024 - TRIAD, LERA Best Paper, The Repeat Player Effect in Mediation - Much Ado About Nothing? April 19, 2024 - University of Bucharest School of Law, International Conference on AI and the Law, The Use of AI in Legal Research and the Classroom April 12, 2024 - ABA, Annual Meeting of the Section on Dispute Resolution, Evidence, Anecdote and Application - The Future Use of Technology In Workplace Dispute Resolution November 16, 2023 - Labor and Employment Relations Association, Houston Chapter, Artificial Intelligence In Dispute Resolution - The Future Is Here, But Where Are We Going? November 16, 2023 – LERA Houston Chapter, Artificial Intelligence In Dispute Resolution - The Future Is Here, But Where Are We Going? June 22, 2023 - Covid and Creative Destruction - The Use of Online Video Mediation to Resolve Employment Discrimination Complaints at the U.S. EEOC, Hitosubashi University,一橋大学 , Tokyo, Japan June 20. 2023 - Current Issues in U.S. Industrial Relations and Employment Law, Japan Institute of Labour and Policy Training, Tokyo, Japan, May 10, 2023 - LERA Boston Chapter, Access and Opportunity in Labor Relations.

New York City Metropolitan Area (LIC primary office) New Jersey Maryland Washington D.C. and Northern Virginia Philadelphia Metropolitan Area Colorado Florida Los Angeles Metropolitan Area Seattle Metropolitan Area San Francisco Metropolitan Area

Hourly Rate: $625.00 Daily Rate: Not provided Study Rate: $625.00/hr Cancellation: $2,400.00/Day Cancellation Period: 14 Days Comment: Virtual Mediation sessions are billed at the Reduced Rate of $500 per hour. Actual out-of-pocket expenses. Refundable airfare tickets will be used to minimize the cost.

English

United States of America

New York, New York