american arbitration association · date list submitted: march 18, 2015 date list due: april 2,...

AMERICAN ARBITRATION ASSOCIATION

In the Matter of the Arbitration between:

Case Number: 01-15-0002-5499

Romain Dallemand-vs- Bibb County Board of Education and Bibb CountySchool District

CASE MANAGER: Charles A DorseyDATE LIST SUBMITTED: March 18, 2015

DATE LIST DUE: April 2, 2015LIST FOR SELECTION OF ARBITRATOR

************************************************************************************************During our initial conference call on February 27, 2015 the parties informed the Association that you are in agreement to use three arbitrators. In accordance with the Rules we are providing you a list of arbitrators who are members of our Employment Dispute Resolution Roster. Along with this list are the attached Biographical Information Sheets on each arbitrator listed. We encourage parties to review the following list of arbitrators and if possible, agree to three arbitrators from this list.

Should parties not be able to agree to three arbitrators please review and independently submit the attached list to me byApril 2, 2015. In accordance with the Rules:

• Strike any names that you have an objection on

• Number the remaining names in order of preference

• Return list to AAA upon completion

Should you not return your list by the above date all names will be deemed acceptable.

Note: If appointment cannot be made from this list the AAA may appoint without the submission of an additional list, in accordance with the rules. For your convenience, this form may be completed online through AAA’s WebFile at www.adr.org.

Beverly P. BakerDavid M. BenckBruce Bennett, CPAJack Clarke, Esq.Alisa P. Cleek, Esq.Kathryn (Katie) Durham, Esq.Joyce F. Glucksman, Esq.Hunter R. Hughes, Esq.Frank S. James III, Esq.Daniel M. Klein, Esq.Hon. Mollie Wagner Neal

Penn Payne, Esq.Anne S. Rampacek, Esq.E. Michael Ruberti, Esq.Daniel J. Thompson

***********************************************************************************************Arbitrators are compensated at the rate stated on their biographical data. The compensation is an independent obligation of the parties and it is understood that the American Arbitration Association has no liability, direct or indirect, for such payments. Deposits shall be made promptly with the AAA as required by the case manager, pursuant to the Rules, subject to final appointment by the arbitrator in the award. If you have any questions please call or email me.

Party:_____________________________________

By: _______________________________________

Title: ______________________________________

Arbitration Information Sheet

This document provides information about your upcoming arbitration and the expectations concerning each party’s conduct throughout the process. Please save this information sheet so that you may refer to it throughout the arbitration.

Administrative Conference

The AAA may conduct an Administrative Conference with the parties to discuss issues that will assist the Association in administering the case as efficiently as possible. This is also a good time for the parties to discuss ways to conduct the arbitration to meet their specific needs. Please be prepared to discuss the following:

a. estimates on the expected duration of the case;b. method of appointment of arbitrators, if applicable;c. your views on the qualifications of the arbitrators to be proposed;d. the possibility of submitting this dispute to mediation;e. the handling of extension requests;f. means of communication between the AAA and the parties.

Exchange of Correspondence and Documents

It is also important to note that the parties must exchange copies of all correspondence during the course of the arbitration. The two exceptions are the Checklist for Conflicts mentioned above and the party’s arbitrator ranking list, which you will receive further information on during the course of the arbitrator appointment process. The parties only need to send copies of documents, such as discovery, to the AAA if the document is to be transmitted to the arbitrator for a determination.

Communications with Arbitrator

It is very important that parties do not engage in any ex-parte communications with the arbitrator. So as to minimize the potential of such communications, this case will be administered by facilitating the exchange of appropriate written documents through the AAA. To ensure the proper handling of all case-related documents, the parties are asked not to submit correspondence directly to the arbitrator. Correspondence should be submitted to your case manager for transmittal to the arbitrator, copying the other party.

Timeliness of Filings

Please pay particular attention to response dates included on any correspondence I send you. Untimely filings or responses will not be considered by the Association. Therefore, if you need an extension to any deadline, please contact the other party to reach an agreement. In the event you are unable to agree, the AAA or the arbitrator will determine if an extension will be granted.

Locale of the Arbitration

The parties may agree to a locale for the arbitration. This agreement can be made in the parties’ agreement or contract, or when the arbitration is submitted to the AAA. The AAA will place the arbitration within the agreed upon locale.

If the parties’ contract or agreement does not specify a locale and the parties cannot agree on a locale, the AAA’s Rules empower the AAA to determine the locale, subject to the power of the arbitrator, after his or her appointment, to make a final determination. In these circumstances, the claimant will generally request that the hearing be held in a specific locale. If the respondent fails to file an objection to the locale requested by the claimant within 15 calendar days after the notice of the request has been sent to it by the AAA, the AAA will confirm the locale requested by the claimant is agreeable.When a locale objection is filed, each party is requested to submit written statements regarding its reasons for preferring a specific locale. In preparing their written statements, the parties are asked by the administrator to address the following issues:

1. Location of parties & attorneys.2. Location of witness and documents.3. Location of records.4. If construction, location of site, place or materials and the necessity of an on-site inspection.5. Consideration of relative difficulty in traveling and cost to the parties.

6. Place of performance of contract.7. Place of previous court actions.8. Location of most appropriate panel.9. Any other reasonable arguments that might affect the locale determination.

AAA WebFile

We invite the parties to visit our website to learn more about how to file and manage your cases online. As part of our administrative service, AAA's WebFile allows parties to perform a variety of case related activities, including:

File additional claimsComplete the Checklist for Conflicts formView invoices and submit paymentShare and manage documentsStrike and rank listed neutralsReview case status or hearing dates and times

AAA WebFile provides flexibility because it allows you to work online as your schedule permits - day or night. Cases originally filed in the traditional offline manner can also be viewed and managed online. If the case does not show up when you log in, you may request access to the case through WebFile. Your request will be processed within 24 hours, after review by your case manager.

Refund Schedule

For disputes arising out of employer-promulgated plans, filing fees are nonrefundable.

For disputes arising out of an individually-negotiated employment agreements and contracts, the Association has a refund schedule in the administrative fee section of the Rules. After 60 days of the Association’s receipt of the Demand or the appointment of the arbitrator the filing fees are non-refundable. The Association will only refund filing fees as outlined in the Rules and does not refund neutral costs incurred when parties settle their dispute or withdraw their claims. Final Fees are fully refundable if the parties provide at least 24 hours’ notice prior to the hearing.

Anne S. Rampacek, Esq.Neutral ID : 115270

The AAA provides arbitrators to parties on cases administered by the AAA under its various Rules, which delegate authority to the AAA on various issues, including arbitrator appointment and challenges, general oversight, and billing. Arbitrations that proceed without AAA administration are not considered "AAA arbitrations," even if the parties were to select an arbitrator who is on the AAA's Roster.

Anne S. Rampacek, Esq.

Current Employer-Title Self-employed

Profession Attorney - Financial Services, Labor/Employment/Civil Rights, Commercial

Work History Partner/Partners Committee Member/Associate, Alston & Bird (formerly Alston, Miller & Gaines), 1994-01, 1977-84; General Counsel, Primerica Financial Services, Inc., and affiliates, 1993-96.

Experience More than 20 years' experience as a civil trial lawyer specializing in a variety of employment disputes involving discrimination, harassment, benefits, employment contracts, employment status as employee or independent contractor, and arbitrability of disputes, ranging in value from $50,000 to $50 million, representingprivate and public employers and being adverse to both private litigants (in individual actions and class actions) and public litigants (including pattern and practice actions). Three years' experience acting as general counsel of a large financial services organization, with extensive involvement in all types of litigation; disputes with federal and state regulators; self-evaluations; government audits and investigations; reorganization of compliance and legal operations; and commercial contracts, product development, and strategic planning.

Alternative Dispute Resolution Experience

Active practice from 1985 to present drafting arbitration agreements, successfully enforcing arbitration agreements, and representing parties in arbitration proceedings and mediation efforts. Served as special magistrate in a race discrimination case involving an employee of the State of Georgia in 1986. Servedas AAA neutral in numerous employment and commercial cases.

Alternative Dispute Resolution Training

AAA The Use and Abuse of External Law in Grievance Arbitration 2014; AAA Webinar, Does AT&T Mobility v. Concepcion L.L.C. Spell an End to Class Actions?, 2013; AAA Maximizing Efficiency & Economy in Arbitration: Challenges at the Preliminary Hearing, 2012; AAA Managing the Arbitration Process for Efficiency & Economy Following the Preliminary Hearing, 2012; AAADealing With Delay Tactics in Arbitration (ACE004), 2008; AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2006; Arbitrator Update 2004; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2004; AAA Commercial Arbitrator II Training, 2002; AAA Commercial Arbitrator Training, 1999; AAA Employment Arbitrator Training, 1998; AAA Large Complex Case Panel Training, 1993.

Professional Licenses Admitted to the Bar: Georgia, 1977; U.S. District Court, Northern District of Georgia, 1977; U.S. Court of Appeals: Fifth (1978) and Eleventh (1983) Circuits. Admitted pro hac vice in several other federal courts.

Professional Associations

American Bar Association (Litigation Section; Section on Labor and Employment Law, Committee on Equal Employment Opportunity): Atlanta Bar Association;

Anne S. Rampacek, Esq.Neutral ID : 115270


State Bar of Georgia.

Education Manhattanville College (B.Music-1967); New York University (MA-1969); University of Georgia (JD-1977).

Publications and Speaking Engagements

Author of publications on procedural issues, including jurisdiction and sanctions, and labor and employment law issues.

Citizenship United States of AmericaLanguages EnglishLocale Oakwood, Georgia, United States of America

CompensationHearing: $400.00/HrStudy: $400.00/HrTravel: $400.00/HrCancellation: $0.00/HrCancellation Period: 0 DaysComment: Hourly rate is charged for

communications with the parties and AAA, reviewing files, correspondence and briefs, research, travel time to and from hearings, conferring with other arbitrators, attending hearings, and drafting awards.

Jack Clarke, Esq.Neutral ID : 12943


Jack Clarke, Esq.Jack Clarke

Current Employer-Title Self-employed - Full-time Neutral

Profession Arbitrator, Mediator, Attorney with practice limited to providing services as an ADR neutral.

Work History Arbitrator and Mediator, Self-employed, 1981-present; Stockholder, Henley and Clarke, P.C, 1976-81; Associate Professor of Law, University of Alabama Law School, 1971-76; Director, Rural Law Institute, University of Alabama Law School, 1973-1976; Officer, U.S. Navy, 1961-1969 - served on two diesel-electric submarines.

Experience Engaged full-time in nonjudicial dispute resolution including arbitration, mediationand fact finding. As a full time neutral, 80% arbitration and 20% mediation. Experience as a neutral, practicing attorney and law professor includes administrative law, banking, college test score, construction, contracts, corporations and stockholder agreements, employment (including EEO issues), estates, wills and trusts, farm law (including forward crop contracts and crop insurance), homeowner warranty, insurance (including fire, casualty, uninsured/underinsured motorist, health & life), labor grievances and interest disputes, pensions, real estate contract, real property and torts (including fraud and personal injury). Member of the panel of arbitrators established to hear individuals' employment discrimination claims arising under Cremin et al v. Merrill Lynch, Pierce, Fenner & Smith, Incorporated, Case No. 96 C 3773, USDC Northern District of Illinois. Awards included Alabama State Bar, Outstanding Service, 2001; AAA's Whitney North Seymour, Sr. Arbitration Medal (1988); AAA Presidential Commendation (1985); Alabama Super Lawyer (Dispute Resolution) 2008, 2009 & 2010; Order of the Coif; and Phi Kappa Phi.


Arbitrator and mediator since 1974, full time since 1981 - arbitrated 1,000+ cases and mediated 500+ cases. Arbitrated or mediated contract and Federal and state statutory and commom law claims: including blasting; breach of contract including real estate contract; college test score; consumer claims including credit card and financing; construction; employment including ERISA, FLSA, ADA, discrimination on the bases of age, gender, race and religion and pensions; fraud; insurance including health and crop insuance claims; homeowner warranty; labor grievance and interest disputes; personal injury; mobile home disputes including warranty; withdrawal liability and other claims. Member of the panel of arbitrators established to hear individuals' employment discrimination claims arising under Cremin et al v. Merrill Lynch, Pierce, Fenner &Smith, Incorporated, Case No. 96 C 3773, USDC Northern District of Illinois.




AAA/ICDR Neutrals Conference, 2010; NAA Annual Meeting, 2007; AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2006; AAA Arbitrator Ethics & Disclosure (ACE003), 2005; AAA Labor Arbitrator II Training: Advanced Case Management Issues, 2004; AAA Employment Arbitrator II Training: Advanced Case Management Issues, 2002; AAA Arbitrator Update 2001; AAA Mediator Conference, 2000; AAA Commercial Arbitrator Training, 1998; Straus Institute for Dispute Resolution, Pepperdine University School of Law, ADR seminar, 1997; Key Bridge Foundation, U.S. Department of Justice, Mediation Training program, 1997; Centerfor Dispute Resolution, Mediator Training; various other ADR trainings.

Professional Licenses Admitted to the Bar: New Mexico (inactive), 1971; Alabama, 1974.


Alabama Academy of Attorney Mediators; Alabama State Bar (Alternative DisputeResolution Section, Council Member; Past Chair, Past Chair Subcommittees on Ethics and Immunity and Mediator Standards; Labor and Employment Section); American Bar Association (ADR Section - Committee on Ethics and Labor Law Section; Labor and Employment Section - Committee on ADR in Labor and Employment Law); American College of Civil Trial Mediators (Fellow); College of Labor and Employment Lawyers (Fellow); Labor and Employment Relations Association; Mediation Research & Education Project (Vice President); National Academy of Arbitrators (Southeastern Region, Past Chair; Past Board of Governors; Past Vice President; Local Arrangements Committee, Past Chair; Program Committee, Past Chair); New Mexico Bar Association.

Education University of New Mexico (BS-1961; JD-1971).


To What Extent Do and Should the Seven Tests Guide Arbitrators or the Parties? inArbitration 2002, Proceedings of the 55th Annual Meeting, National Academy of Arbitrators, eds. Grenig & Briggs (BNA) 51-58; ; What Arbitrators Need from the Parties, A Few Comments on Advocacy in Arbitration in Proceedings of The National Academy of Arbitrators, (Bureau of National Affairs, 1997) p. 258 et seq.;Judicial Review of Arbitration Awards in Alabama, I ADRtoday 6 (November 1993), Some Practical Aspects of Arbitration, I ADRtoday 6, (October 1993); The Enforceability of Arbitration Agreements, I ADRtoday 6 (September 1993); Alternative Dispute Resolution: An Introduction, 52 Alabama Lawyer 126 (May 1991); Substantial Evidence and Labor Arbitration In The Federal Sector, 31 LaborLaw J. 368 (June, 1980); Open Meeting Laws: An Analysis, Freedom of Information Center Report No. 338 (June, 1975).

Guest faculty member, Air Force Human Resource Management School (formerly Civilian Personnel School), Maxwell AFB, Montgomery, Alabama ? served as observer of trainee mediators; guest lecturer on mediation, USAF JAG School, Maxwell AFB, Montgomery, Alabama (1998); faculty member, Mediation Research & Education Program, Grievance Mediation Workshop, 2002, 2004, 2005 and 2007.

Awards and Honors Alabama State Bar, Outstanding Service, 2001; AAA's Whitney North Seymour, Sr. Arbitration Medal (1988); AAA Presidential Commendation (1985); Order of



the Coif; Alabama Super Lawyer (Dispute Resolution) 2008, 2009 & 2010.

Citizenship United States of AmericaLanguages EnglishLocale Hull, Georgia, United States of America

CompensationHearing: $2200.00/DayStudy: $275.00/HrTravel: $275.00/HrCancellation: $2200.00/DayCancellation Period: 28 DaysComment: $275 per hour for pre-hearing and

post-hearing study time and inter-city travel time. A day is 8 hrs. A minimum of 1 day will be charged for a hearing. Cancel. fee: Per-diem times number of days scheduled w/in 4 calendar weeks prior. Reimbursement for use of personal vehicle will be at then current IRS rate; other transportation, meals & lodging atcost.

Daniel M. Klein, Esq.Neutral ID : 124767


Daniel M. Klein, Esq.Klein Dispute Resolution

Current Employer-Title Buckley & Klein, LLP - Partner

Profession Attorney

Work History Partner, Buckley & Klein, LLP, 2002-present; Of Counsel, Greene, Buckley, Jones and McQueen, 1996-01; Partner, Klein and Walden, P.C., 1992-96; Partner, Klein and Strongwater, 1986-92; Attorney, Private Practice, 1982-86; Attorney, Kilpatrick and Cody, 1980-82; Law Clerk to Honorable Richard C. Freeman, U.S. District Court for North District of Georgia, 1978-80.

Experience More than 20 years' experience in litigation, with emphasis on employment cases, including race, sex, age, disability, religion, and national origin discrimination; sexual harassment; Employees Retirement Income Security Act; breach of employment contracts; and non-compete agreements.


Mediated over 300 cases, including Americans with Disabilities Act, business dissolutions, civil rights, commercial and contract disputes, employment discrimination (race, gender, age, religion, and national origin), Employees Retirement Income Security Act, Family and Medical Leave Act, personal injury, products liability, sexual harassment, voting rights, wage and hour laws, and wrongful death. Arbitrated claims involving Americans with Disabilities Act, business dissolutions, civil rights, commercial and contract disputes, employment discrimination (race, gender, age, religion, and national origin), Employees Retirement Income Security Act, Family and Medical Leave Act, sexual harassment, voting rights, and wage and hour laws.


AAA Conducting Research & Investigations, 2014; AAA The Extent (or Limit) of Mediator Influence, 2013; AAA Advanced Mediator Training Series: The Extent (or Limit) of Mediator Influence to Effect Settlement, 2012; AAA, What We Have Here is a Failure to Communicate, 2012; AAA Webinar, Understanding and Addressing Bias in the Workplace, 2009; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2006; AAA Arbitrator Ethics and Disclosure (ACE003), 2004; AAA Commercial Arbitrator II Training, 2003; AAA Arbitrator Update 2001; AAA Commercial Arbitrator Training, 1999; AAA Employment Arbitrator Training, 1998; Harvard Law School, Negotiation Workshop, 1998; Harvard Law School, Advanced Mediation Workshop, 1997; AAA Mediation Training.

Professional Licenses Admitted to the Bar: Georgia, 1979; U.S. District Court, Northern District of Georgia, 1980; U.S. Court of Appeals, Eleventh Circuit, 1980; U.S. Supreme Court, 1996.

Professional American Bar Association (Law Practice Management Sectioin; Litigation Section;

Daniel M. Klein, Esq.Neutral ID : 124767


Associations Dispute Resolution Section); Atlanta Bar Association (Employment and Labor LawSection; Litigation Section); National Employment Lawyers Association.

Education Brown University (BA-1975); Georgetown University (JD-1978).

Citizenship United States of AmericaLanguages FrenchLocale Atlanta, Georgia, United States of America

CompensationHearing: $2400.00/DayStudy: $300.00/HrTravel: $225.00/HrCancellation: $1200.00/DayCancellation Period: 28 DaysComment: Hourly rate charged for time

outside hearings. Half-day charge for each hearing day canceled lessthan four weeks in advance. Full day charge for each hearing day canceled less than one week in advance. $225.00 per hour charged for travel time.

Kathryn (Katie) Durham, Esq.Neutral ID : 140471


Kathryn (Katie) Durham, Esq.Kathryn Durham, J.D., P.C.

Current Employer-Title Self-employed - Arbitrator; Incorporated as Kathryn Durham, J.D., P.C.

Profession Attorney - Employment and Labor Law

Work History Arbitrator/Mediator, Self-employed, 1993-present; Labor and Employment Counsel, Capital Metropolitan Transportation Authority, 1988-92; Owner/Chief Executive Officer, Management Labor Services, Inc., 1988-92; National Counsel/Assistant Counsel, National Treasury Employees Union, 1980-88.

Experience From 1980-93, over 12 years' experience in employment and labor law advocacy (100%). Handled cases involving the Age Discrimination in Employment Act, Americans with Disabilities Act, Title VII, Rehabilitation Act of 1973, State law claims of discrimination, sexual harassment, and wrongful termination. Appeared before the Equal Employment Opportunity Commission, federal court, and administrative agencies. Management consultant in the field of employment law. Represented plaintiffs and complainants and later management in all types of discrimination cases. Extensive experience training and speaking in various areas of employment law, drafting personnel policies, and negotiating labor agreements. Since 1993, full-time independent ADR neutral.


Since 1993, full-time independent neutral in all aspects of labor and employment disputes. Cases involve resolution of discovery issues; State law claims; and allegations of breach of contract; sexual harassment; age, gender, national origin, race, and disability discrimination; whistle-blowing; and wrongful termination. Currently hears approximately 40 cases per year including recent cases in the medical, cellular, gasoline, automotive repair, package delivery, restaurant, beverage, bottling, transportation, mass transit, home improvement, higher education, service, manufacturing, information management, and credit industries. Permanent panel member for the Federal Aviation Administration's Guaranteed Fair Treatment Appeal Procedure and the U.S. Postal Service. As chief counsel fora major transit service, heard and rendered final step decisions in over 500 employee grievances, from 1988-92.


National Academy of Arbitrators, Fall Education Conference, 2009, 2007; NAA Southeast Regional Training Program Chair, 2009; NAA Southwest Region Arbitrator Training Conference, 2014, 2007; AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2006; NAA Fall EducationConference, 2007; AAA Dealing With Delay Tactics in Arbitration (ACE004), 2005; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2005; AAA Labor Arbitrator II Training: Advanced Case Management Issues, 2003; AAA Employment Arbitrator II Training: Advanced Case Management Issues, 2002; AAA Arbitrator Update 2001; AAA Employment Arbitrator Training, 1996; faculty, AAA Mediator Training; various other ADR

Kathryn (Katie) Durham, Esq.Neutral ID : 140471


trainings and conferences; Continuing Legal Education (CLE) requirement of 14 hours completed annually for GA State Bar in employment and labor law courses.

Professional Licenses Admitted to the Bar: Georgia, 1980; Texas, 1986.


National Academy of Arbitrators; State Bar of Texas; State Bar of Georgia.

Education Bowling Green State University (BA-1977); University of Georgia (JD-1980).


Speaker: National Academy of Arbitrators (NAA) Southwest Regional Conference and Southeast Regional Conferences.

Citizenship United States of AmericaLanguages EnglishLocale Atlanta, Georgia, United States of America

CompensationHearing: $2000.00/DayStudy: $2000.00/DayTravel: $100.00/HrCancellation: $950.00/DayCancellation Period: 28 DaysComment: Daily rate for hearing and study

time; hourly rate of $280/hr applies to study time that is less than one day. Travel time at hourly rate of $100/hr. Cancellation/Postponement: $950.00 per day if not cancelled or postponed within 4 weeks of scheduled hearing.

Joyce F. Glucksman, Esq.Neutral ID : 140687


Joyce F. Glucksman, Esq.Joyce F. Glucksman, P.C.

Current Employer-Title Self-Employed - Attorney-Arbitrator-Mediator

Profession Attorney - Arbitrator-Mediator

Work History Attorney, Self-employed, 1999-present; Partner, Walls and Glucksman, 1995-1999;Attorney, Self-employed, 1986-95; Sept.1985-Dec. 1985 Sekulow and Roth, P..C. Assistant Counsel, National Treasury Employees Union, 1977-85; Attorney, Georgia Department of Human Resources, 1977, Green & Butler Sept. 1976 - Dec. 1976.

Experience Following the active practice of law for almost forty years, now limits practice to mediation and arbitration. Uses experience working with individuals and small or closely held businesses to resolve disputes of all kinds. While a solo practitioner for over 25 years represented parties in employment matters including but not limited to providing general employment and human resources advice, negotiating agreements including trade secrets and non-compete provisions and litigating discrimination, termination, disciplinary and wage and hour cases at both the trial and appellate levels. Took pride in guiding business clients in good practices to avoid employee complaints and adhere to the labor and employment laws. Has assisted clients in forming, running, purchasing and selling businesses as well as resolving disputes between businesses. Also had an active family law practice handling divorces, custody, parenting time and support actions, domestic violence, adoptions and name changes. Has the highest rating by Martindale Hubbell peer reviewed directory, and has been named one of Georgia's top lawyers by Super Lawyers magazine every year since 2008. Has also been active in Bar and community activities. A Phi Beta Kappa graduate of Skidmore College, a graduateof Emory Law School.


Has been arbitrating or acting as a special master for over 25 years and mediating over 5 years. Certified by the State of Georgia as an arbitrator, mediator and case evaluator. On both the American Arbitration Association's employment and commercial rosters and the Financial Industry Regulatory Authority's panel as a public arbitrator. Has been a sole arbitrator and has chaired numerous three member panels. Certified in domestic and civil Collaborative Law which helps clients craft their own settlement agreements with input from other professionals such as accountants, coaches, and specialists which meets the needs of both parties without the threat of litigation. Has also served as Special Master for the Georgia Commission on Equal Opportunity. As an active attorney representing parties has been involved in hundreds of labor arbitrations, Merit Systems Protection Board hearings, Equal Employment Opportunity administrative hearings and administrative hearings related to unfair labor practices. Currently listed in SuperLawyers magazine under the category of Alternate Dispute Resolution.




AAA Webinar, Arbitrator Boundaries: What are the Limits of Arbitrator Authority,2013; AAA Webinar, How to Become a More Innovative Neutral or Advocate: Applying Cutting Edge Innovation Management Techniques to Your ADR Practice, 2012; Atlanta Bar Association, The X Factor - Emotion in Mediation, 2012; Atlanta Bar Association, The Art of Shameless Self-Promotion, 2012; Atlanta Bar Association, Ten Things Lawyers Like and Hate About Mediators, 2012; Atlanta Divorce Mediators, Divorce Mediation Training for Professionals, 2009; Henning Mediation and Arbitration Service, Civil Mediation Training, 2009;Collaborative Law Institute of Georgia, Collaborative Law Training, 2007; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2006; AAA Arbitrator Ethics and Disclosure (ACE003), 2005; AAA Pro Se: Managing Cases Involving Self-Represented Parties (ACE002), 2004; AAA Arbitrator Update 2002; AAA Employment Arbitrator II Training, 2002; AAA Employment Arbitrator Training, 1999; NASD Chairperson Training, 1999, AAA Employment Arbitrator Training, 1996; NASD Training.

Professional Licenses Admitted to the Bar, Georgia, 1976; U.S. District Courts: Northern District of Florida; Northern District of Georgia, Middle District of Georgia; U.S. Court of Appeals: Fifth Circuit 1976 Eleventh Circuit 1981, Federal Circuit 1993; Florida, 1977; U.S. Supreme Court, 1984.


Atlanta Bar Association (Dispute Resolution, Family Law, Labor and EmploymentLaw and Litigation, and Sole-Practitioner/Small Firm Section (Past Board member/President); Georgia Bar Association; Florida Bar Association.

Education Skidmore College (BA-1973); Emory University School of Law (JD-1976).


SPEAKING ENGAGEMENTS: "Winning in Arbitration" "Domestic Violence in the Workplace," Partnership Against Domestic Violence and Society for Human Resources Professionals; "Employment Law for People with Parkinson's Disease," Young Onset Parkinson's Association, August 2008; "Employment Law for Engineers," Society of Professional Engineers, Georgia Chapter, February 2009; "Navigating the Administrative Process," and "Effective Advocacy Before the EEOC," National Employment Lawyers Association Continuing Education Program, October 2004; speaker at several National Employment Lawyers Association Continuing Education Programs including "Employment Law Issues: What You and Your Clients Need to Know"; "Effective Arbitration Tips," Georgia 2nd Annual Solo & Small Firm Institute & Technology Show, October 2004; "Why You Should Represent Federal Employees," National Employment Lawyers Association Annual Convention, June 2003; "Nuances in Representing Federal Employees in Employment Claims," Institute of Continuing Legal Education, March 2002; "Effective Employment Conflict Management - Legal Basis for Employment ADR," 2001; "Using Alternative Dispute Resolution to Resolve Discrimination Issues," National Education Association Annual Conference, 2000; "ADR in Employment," Georgia State University Conference on Alternative Dispute Resolution, October 1999; "Representing Federal Employees," National Employment Lawyers Association Annual Meeting, June 1999; Third Annual National Employment Lawyers Association Georgia Chapter Employment Litigation Conference, November 1993; "What a Lawyer Needs to Know About



the EEOC - A Plaintiff's Perspective," Institute for Continuing Legal Education, December 1994; "Alternative Dispute Resolution: What is the Proper Role for Arbitration and Mediation?" Fourth Annual National Employment Lawyers Association Georgia Chapter Employment Litigation Conference, November 1994;"Alternative Dispute Resolution in Employment Law," American Arbitration Association, November 1993, October 1995; "What Everyone Needs to Know about Employment Law," The People's Law School, Fall 1993; "Employment Challenges for the 90's: A View of Reasonable Accommodation Under the Americans with Disabilities Act," Institute for Continuing Legal Education, March 1993.


CompensationHearing: $250.00/HrStudy: $250.00/HrTravel: $250.00/HrCancellation: $0.00/HrCancellation Period: 0 DaysComment: Hourly rate charged for each day

over 7 hours. Hearing days charged in half day increments. $250.00 per hour for study time, review, research, drafting awards, orders on motions, telephone conference, correspondence, travel time other than local travel. Reimbursement for travel cost outside of metropolitan Atlanta.

Hunter R. Hughes, Esq.Neutral ID : 150922


Hunter R. Hughes, Esq.Rogers & Hardin, LLP

Current Employer-Title Rogers & Hardin LLP - Partner

Profession Attorney, Neutral - Employment Law, Discrimination, Class Actions, Contract Law, Sports Law, General Business Litigation

Work History Partner, Rogers & Hardin LLP, 1978-present; Senior Attorney, Delta Air Lines, Inc., 1975-78; Associate, Powell, Goldstein, Frazer & Murphy, 1970-75; Lieutenant, U.S. Navy, 1965-67.

Experience Primarily engaged throughout career in civil litigation, arbitration, and mediation involving employment law, discrimination, class actions, contract law, sports law, and general business litigation. Engaged in litigation on behalf of both plaintiffs and defendants. Extensive experience as trial lawyer on both trial and appellate levels in federal and state court systems.


Significant part of practice over the last four years has involved acting as a neutral in various forms of ADR. Served as arbitrator and/or mediator in numerous cases involving individual and class claims primarily relating to employment discrimination matters. Served as mediator in the Publix, Winn-Dixie, Home Depot, Coca-Cola, and various other class actions.


Georgia Arbitrators Forum, Recent Developments in Arbitration Law, 2013; AAA Managing the Arbitration Process for Efficiency & Economy Following the Preliminary Hearing, 2012; Atlanta Bar Association, Use of ADR in Settlements, 2008; American Conference Institute, Strategies for Mediating Wage & Hour Cases, 2008; AAA Arbitrator Ethics & Disclosure (ACE003), 2006; NELI, Complex Mediation, 2005; Attended AAA Neutrals Conference, 2004; Arbitrator Update 2003, 2003; AAA Commercial Arbitrator II Training, 2002; AAA Arbitrator I Training-Fundamentals of the Arbitration Process, 2002; attended numerous workshops and training sessions concerning mediation and ADR.

Professional Licenses Admitted to the Bar: Georgia, 1970; U.S. District Court, Northern District of Georgia; U.S. Court of Appeals: Fifth, Sixth, Eighth, Ninth, and Eleventh Circuits;U.S. Supreme Court.


American Bar Association; Georgia Bar Association; Atlanta Bar Association; Lawyers Club of Atlanta; American Employment Law Council; American College of Labor and Employment Lawyers (Fellow).

Education University of Virginia (BA-1965; JD-1970).


Co-author, "Injunctive and Affirmative Relief," chapter 28, SEXUAL HARASSMENT IN EMPLOYMENT LAW SUPPLEMENT, 1994; "Counseling

Hunter R. Hughes, Esq.Neutral ID : 150922


the Whistleblower (Parts I and II)," THE PRACTICAL LAWYER, vol. 38, nos. 4-5, June-July 1992; co-author, "Special Litigation Issues: Complainant's Litigation Strategy," chapter 21, SEXUAL HARASSMENT IN EMPLOYMENT LAW, 1992; co-author, "Election and Exhaustion of Remedies," chapter 29, EMPLOYMENT DISCRIMINATION LAW, 3rd ed., Five Year Cumulative Supplement; co-author, "Employment Surveys in Employment Litigation," EMPLOYMENT RELATIONS LAW JOURNAL 42, 1983.


CompensationHearing: $450.00/HrStudy: $450.00/HrTravel: $0.00/DayCancellation: $0.00/DayCancellation Period: 0 DaysComment: $450 per hour for individual

claims; $500.00 per hour for class action and complex multi-party claims. Charges hourly rate for study time and other non-hearing activities for all cases.

David M. BenckNeutral ID : 151700


David M. Benck

Current Employer-Title Hibbett Sporting Goods, Inc. - Vice President and General Counsel; Cumberland School of Law - Adjunct Professor

Profession Attorney - Business Law, Copyrights, Patents, Trademarks, Corporate, Tax, Municipal Incentives, Employment, Insurance, Intellectual Property, Negligence, Product Liability, Computers, Real Estate, Sports Law

Work History General Counsel, Hibbett Sporting Goods, Inc., 2004-present; Vice President of Legal and Regulatory Affairs, Momentum Business Solutions, Inc., 2001-04; Divisional Counsel, Technology Solution Division, ITC DeltaCom, Inc., 2000-01; Corporate Counsel, Just For Feet, Inc., 1997-00; Associate Trial Attorney, Lamar, Nelson & Miller, P.C., 1994-97; Law Clerk, Honorable Joseph D. Phelps, 1993-94.

Experience Has maintained senior legal and management positions with four large companies, three of which were billion-dollar public companies. Previous experience is in private practice and service as a judicial clerk.

Experience has involved commercial disputes, sports disputes, software, intellectual property, manufacturing, trucking, consumer disputes, banking, advertising, product liability, Internet, compliance, ethics, real estate, technology and employment, and is considered expert in all fields and the related sub-fields. Further experience with merchandising agreements, copyright, content agreements,licensing, IP and advertising agreements, concessionaire agreements, facility and venue construction, real estate leasing, and executive contracts and employment matters.

Has further experience with insurance and insurance disputes (including Business interruption/ property/ casualty loss, claims management practices, claims service agreements, large deductable/self-insured retention programs, insurance coverage, Directors & Officers Insurance, ERISA, fiduciary liability insurance, worker compensation, professional liability, errors and omissions, architects and engineers,employer liability coverage).

In the Employment Law area, neutral has appeared before the Equal Employment Opportunity Commission, the U.S. Department of Labor, the state counterparts, and state Departments of Revenue. Has held senior legal positions overseeing the employment law function for large and small companies, since approximately 1997.

Has Sports Law experience including serving on the Board of Directors for USA Gymnastics, the Board of Directors for The World Games 2021 Birmingham, assisting a USOC national governing body (NGB) with conflicts of interest issues, Code of Conduct issues, Safe Sport issues, discipline, internal investigations, ethical issues, coach and athlete disputes, and membership disputes. In particular,



serves on USA Gymnastics' Ethics, Grievance and Safe Sport Committee, and serves on the National Athletics Board of Review (NABR Panel) for USA Track and Field.

In the telecom and technology fields, neutral has appeared be the Federal Communication Commission and numerous state counterparts; represented a large internet data center company as the highest ranking legal officer. Has experience including professional services, internet, content and intellectual property disputes, internet service providers (ISP), security, software, hardware, terms of service (ToS), Acceptable Use Policies (AUP), and general regulatory compliance (RBOCs, ILECs, CLECs and VOIP providers).


Has represented parties or arbitrated over 40 cases involving commercial, real estate, employment, negligence, business law, intellectual property, consumer, trucking, manufacturing, banking, Internet, software, sports and insurance disputes.Has served numerous times as individual arbitrator, and as a panel arbitrator. Listedon the London Court of International Arbitration (LCIA) Arbitrator database, the FINRA arbitrator database, and registered on the Alabama Arbitrator Roster.


AAA Webinar, Where Do We Draw the Line? Ethics in Arbitration, 2013; FINRAOnline Basic Panel Training, 2012; FINRA Expungement Training, 2012, FINRA Chairperson Training, 2012; AAA, What We Have Here is a Failure to Communicate, 2012; AAA Maximizing Efficiency & Economy in Arbitration: Challenges at the Preliminary Hearing, 2011; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2003; AAA Arbitrator Update, 2004; AAA Commercial Arbitrator II Training, 2003; AAA Arbitrator I Training-Fundamentals of the Arbitration Process, 2002.

Professional Licenses Admitted to the Bar, Alabama, 1993.


American Arbitration Association (Board of Directors); USA Gymnastics (Board of Directors); Alabama State Bar Association (Member); International Information Systems Forensics Association (Past Special Legal Advisor); Association of Corporate Counsel (Litigation Committee, Intellectual Property Committee, Labor and Employment Committee, Insurance Committee, eCommerce Committee, Sports & Entertainment Law Committee - Program Chair, 2013; Secretary, 2014); Association of Corporate Counsel of Alabama (Board of Directors; Alabama Chapter, President-2012); International Council of Shopping Centers (Past Member); Birmingham-Southern College (Norton Board of Directors); Magic Moments, Inc. (Past Member of Board of Directors); The World Games 2021 Birmingham (Board of Directors); USA Gymnastics Team (Ethics, Grievance and Safe Sport Committee); USA Track and Field (NABR Panelist); Alabama Sports Hall of Fame (Selection Committee and Pro Bono Legal Counsel); BCA (Board of Directors); Red Mountain Park (Past Member of Fund Board); Sports Law Association (Member); Financial Industry Regulatory Authority (FINRA Arbitrator).

Education Birmingham-Southern College (BA-1990); University of Alabama (JD-1993).




Adjunct Professor of Law, Cumberland School of Law; The Association of Corporate Counsel Annual Meeting 2009, 2012, and 2013; Published in The Web Hosting Industry Review; The Computer Law Associates Bulletin (May 2002); Gigalaw.com; The Society for Human Resource Management; The American Arbitration Association's Dispute Resolution Journal; The American Corporate Counsel Association Docket.

Citizenship United States of AmericaLanguages EnglishLocale Birmingham, Alabama, United States of America

CompensationHearing: $350.00/HrStudy: $350.00/HrTravel: $250.00/HrCancellation: $0.00/HrCancellation Period: 0 DaysComment: Hourly rate applies to study time

and hearing time, not to exceed $2,450.00 per day regardless of length of hearings. $250.00 per hour for travel.

Beverly P. BakerNeutral ID : 152068


Beverly P. BakerBeverly P Baker, LLC - Attorney At Law

Current Employer-Title Beverly P Baker, LLC.

Profession Attorney - Altermate Dispute Professional

Work History Beverly P Baker - LLC., Owner/Managing Member, July, 2014;

Of Counsel- Ogletree, Deakins, Nash, Smoak & Stewart, P.C.; 2012-2014

Shareholder - Ogletree, Deakins, Nash, Smoak & Stewart, P.C.; 2006-2012

Member – Miller, Hamilton, Nash & Odom, LLC.; 2002-2006

Member – Haskell Slaughter Young & Rediker, LLC.; 2000-2002

Member – Haskell Slaughter & Young, LLC.; 1987-2000

Associate – McMillan & Spratling. P.C.; 1985-1986 (merged with Haskell Slaughter in 1986)

Experience Over 20 years' experience primarily in employment issues as an advocate in trials, mediations and arbitrations, and later a part-time neutral, and now full time neutral;received formal training as a mediator in 2000; arbitration training at the Strauss Institute in 2002; in 2003, became a member of the American Arbitration Association Employment and Commercial Law Panels; mediated and arbitrated matters involving all Title VII issues, in addition to wage and hour issues, the ADA, ADEA, EPA, FHA, FCRA, FMLA, PDA; partnership, contract, healthcare, dealerships, motor home defects, consumer, education, and other contractual disputes; mediated approximately 150 matters and arbitrated over 100, including complex commercial matters, have Chaired three member panels and issued numerous reasoned awards and issued approximately 20 Awards with Findings of Fact and Conclusions of Law, at the request of the parties.


Over 20 years experience in arbitration and mediation, as an advocate and thereafter as a neutral. Have arbitrated over 100 matters, including complex commercial matters and as Chair of three member panel. Numerous reasoned awards issued as sole arbitrator and over 20 awards with Findings of Law and Conclusions of Law.Subjects handled in arbitration and mediation include: all types of employment ;matters including statutory and contractual claims; construction disputes; partnership disputes, healthcare and educational disputes, defamation, and contractual disputes of many types.



On the American Arbitration Association Employment and Commercial Panels since 2004.


AAA Principled Deliberations, 2014; AAA Conducting Research & Investigations,2014; AAA Disclosures, Depositions and Dispositive Motions 2013; AAA The Extent (or Limit) of Mediator Influence, 2013; AAA, What We Have Here is a Failure to Communicate, 2012; AAA Webinar, Drafting Mediation Settlements That Stick, 2011; AAA Managing the Arbitration Process for Efficiency & Economy Following the Preliminary Hearing, 2011; AAA Advanced Mediator Training, 2011, 2010; AAA Webinar, All aTwitter About Social Networking: Issues and Implications in Employment Dispute Resolution, 2010; ABA Labor & Employment Law Section, 3rd Annual CLE Conference, 2009; AAA Webinar, Arbitrator Boundaries: What are the Limits of Arbitrator Authority?, 2009; ACR, Advanced Commercial Mediation Institute, 2007; Alabama Center for Dispute Resolution, Arbitration Training, 2006; Alabama Center for Dispute Resolution, Appellate Mediation Training, 2006; NYSE, Arbitration Training, 2006; AAA Dealing With Delay Tactics in Arbitration (ACE004), 2006; AAA Employment Arbitrator II Training: Advanced Case Management Issues, 2004; AAA Arbitrator Update, 2004; AAA Arbitrator I Training-Fundamentals of the Arbitration Process,2003; The Alliance for Education in Dispute Resolution/Strauss Institute at Pepperdine University School, Employment Law Arbitration Training, 2002; Thomas Goode Jones School of Law/Faulkner University, Mediation Training, 2000.

Professional Licenses 1985 - State of Alabama United States District Court for the Northern District of AlabamaUnited States District Court for the Middle District of AlabamaUnited States District Court for the Southern District of Alabama 1987 - United States Court of Appeals for the Eleventh Circuit 2009 - United States Supreme Court


Alabama State Bar Association - Alternative Dispute Resolution Committee, Co-Chair; Past Member Task Force on Multi-Disciplinary Practice;

American Bar Association - Litigation Section, Past Council Member; Former: Commission on Opportunities for Minorities in the Profession, Past Commissioner,Committee on Corporate Counsel, Membership Liaison;

National Association of Women Lawyers;

Women Lawyers Association - Founding Member;

Greater Birmingham Mathematics Partnership - Board Member;

Robert R. Meyer Foundation - Board Member;

National Association of Distinguished Neutrals;

University of Alabama at Birmingham College of Arts and Sciences (Dean's



Advisory Council);

Public Affairs Research Council of Alabama - Founding Board Member;

The Alliance at Cornell University – Panel of Neutrals

Litigation Counsel of America - Charter Fellow;

Leadership Alabama (First Class);

Leadership Birmingham;

American Academy of Attorney-Mediators

Alabama Academy of Attorney-Mediators

American Association of Women Lawyers - Fellow; ;National Bar Association (Commercial Law Section);

Alabama State Bar Association - Former Co-Chair, ADR Committee

Birmingham Bar Association - Former Alternative Dispute Resolution Committee, Chair;

Cumberland School of Law Advisory Board;

Alabama Citizens for Constitutional Reform - Technical Support Committee

Education University of Alabama in Birmingham (Bachelor of Arts, Urban Studies, summa cum laude, 1992);

Cumberland School of Law at Samford University (Juris Doctorate, Associate Editor, Cumberland Law Review, 1985)


2014 - Presenter Changing Definitions of Religion, National Origin, Race, Gender, and Color: 50th Anniversary of the Civil Rights Act, sponsored by the U.S. Equal Employment Opportunity Committee;

2012- Presenter - "You're Not the Boss of Me" on Right of Employers to Govern Off-Duty Conduct; The Litigation Council of America;

2012 - Presenter at Technical Assistance Programs in Alabama and Mississippi – presented by EEOC, DOL, and NLRB;

2010 – Panelist –"The Fundamentals of ADR" – NBA Annual Commercial Law Meeting;

2009 – Panelist - "Everything You Ever Wanted to Know About Arbitration But



Were Afraid to Ask", NBA Annual Commercial Law Meeting;

2008 and 2009 – Panelist at First and Second Annual ABA Labor and EmploymentCLE meetings (presenting different segments of actual arbitrations);

Numerous in-house presentations to clients on employment-related issues – including harassment training and Pregnancy Discrimination Act;

Profiled in Business Alabama;

Various publications of several Sections of the American Bar Association;

Diversity and The Bar (Minority Corporate Counsel Association);

Stopping the Train (non-fiction account of the jury trial and verdict in Martin v. Norfolk Ry., mentioned above)

Awards and Honors Alabama Law Foundation (Fellow);Birmingham Law Foundation (Fellow);American Association of University Women (Fellow);College of Labor and Employment Lawyers (Fellow) National Academy of Distinguished Neutrals;Listed in The Best Lawyers in America (Labor and Employment);Listed in Super Lawyers (Labor and Employment and Alternative Dispute Resolution);Best Women Lawyers in Alabama;Best Women Lawyers in Birmingham;Rated AV-Preeminent - Martindale-Hubbell (highest rating); Rated AV-Preeminent Women Lawyers—Martindale-Hubbell (highest rating);2014 - A Samford University Woman of Achievement (only 23 selected in recognition of the 100 years of co-education at Samford University)

Citizenship United States of AmericaLanguages EnglishLocale Pelham, Alabama, United States of America

CompensationHearing: $350.00/HrStudy: $350.00/HrTravel:Cancellation Period: 0 DaysComment: Also charges for study time,

management conferences, discovery disputes, summary judgement consideration, review briefs, and opinion writing at hourly rate. Plus expenses and mileage for locations 50 miles from Birmingham.

Daniel J. ThompsonNeutral ID : 152115


Daniel J. ThompsonDaniel J. Thompson, Jr., Esq.

Profession Attorney at Law; Executive; Arbitrator

Work History Vice President & General Counsel, BellSouth Advertising and Publishing Group, Inc., (domestic and international matters) 1995-02; Vice President & Associate General Counsel, BellSouth Telecommunications, Inc., 1991-95; Vice President, Human Resources, Southern Bell Telephone Co., 1987-91; Chief Labor and Employment Counsel, Southern Bell Telephone & Telegraph Co., 1985-87; Regulatory and Government Relations Counsel, BellSouth Corporation, 1983-85; Public Affairs Manager, AT&T, 1979-83; General Attorney, South Central Bell Telephone Co., 1978-79; Attorney, Private Law Practice, 1975-77; Assistant Attorney General, Alabama Attorney General's Office, 1973-74.

Experience Legal expertise in complex commercial transactions and contractual disputes, regulatory matters, sales and marketing disputes, international business transactions, publishing law, advertising law, intellectual property matters, and employment law. As General Counsel of a $2 billion international corporation, hadresponsibility for and supervision of a Fortune 500 size company's wide range of domestic and international legal matters.


Served as chief counsel in many cases involving complex contractual matters, a variety of commercial transactions and disputes, nationwide unfair competition matters, intellectual property disputes, and international business transactions.


AAA/ICDR Neutrals Conference, 2012, 2009; AAA Managing Your First Arbitration, 2011; AAA Webinar, Arbitrator Boundaries: What are the Limits of Arbitrator Authority?, 2011; AAA Dealing With Delay Tactics in Arbitration (ACE004), 2007; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2006; ACE005 - Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics, Atlanta, 10/05; AAA Employment Arbitrator II Training, Washington, DC, 6/04; Arbitrator Update 2004; AAA Arbitrator I Training-Fundamentals of the Arbitration Process, Atlanta, 3/03.

Professional Licenses Admitted to the Bar: Alabama, 1973; Georgia, 1975.


Georgia Bar Association; Alabama Bar Association; National Bar Association.

Education Brown University (BA, History-1970); Harvard Law School (JD-1973).


"Observations on the Chinese Legal System," THE ATLANTA LAWYER MAGAZINE, Summer 1987.

Citizenship United States of America

Daniel J. ThompsonNeutral ID : 152115


Languages EnglishLocale Atlanta, Georgia, United States of America

CompensationHearing: $400.00/HrStudy: $200.00/HrCancellation: $1600.00/DayCancellation Period: 2 DaysComment: Hourly rate will be charged for

evidentiary and non-evidentiary hearings. $200.00 per hour will becharged for study time. Hearings include all meetings (in person, telephonic or by other electronic means such as internet) presided over by the arbitrator at which the parties have the opportunity to be heard by the arbitrator on their respective positions as to matters in the arbitration or the conduct thereof. No cancellation fee will be charged if hearing is postponedor the issue settled, but otherwise four (4) hours of hearing time maybe charged and due unless arbitrator is notified of the cancellation more than 48 hours before the scheduled hearing. If any travel (coach or out-of-town car mileage) or overnight lodging is required, actual travel expenses will be charged for reimbursement.

Penn Payne, Esq.Neutral ID : 152559


Penn Payne, Esq.Penn Payne, LLC

Current Employer-Title Penn Payne, LLC

Profession Attorney, Mediator, Arbitrator

Work History Penn Payne, LLC, 2004-present; Partner, Kirkley & Payne, LLP, 1998-04; Of Counsel, Nations, Yates & Toman, 1989-98; Partner/Associate, Vaughan, Roach, Davis, Birch & Murphy, 1979-88; Teacher, Seoul (Korea) Foreign School, 1973-74; Teacher, Ewha Women's University, Seoul, Korea, 1973; Admission Director, The Harley School, Rochester, NY, 1968-1972; Teacher and Admissions Secretary,The Barstow School, Kansas City, MO, 1966-1967.

Experience For 28 years, represented parties in employment, general business and commercial litigation (discrimination, retaliation, restrictive covenant, employment contract, civil rights, antitrust, securities, trade secrets, business fraud and other business torts, creditors' rights, general contract, Computer Fraud and Abuse Act, Computer Systems Protection Act, and business dissolution disputes), with a heavy concentration in employment and restrictive covenant litigation since 1994. Has represented both employees and management over the years in cases involving: restrictive covenants, employment contracts, stock options and other forms of compensation; sexual and racial harassment; discrimination on the basis of sex, age, race (including reverse race discrimination and affirmative action), national origin, pregnancy, and disability; retaliation; governmental employees; the Family and Medical Leave Act; and the Equal Pay Act. Has represented several law firms and lawyers in employment litigation and threatened litigation and has provided advice on preventive policies and negotiation strategy. Over the past several years,has been recognized by peers through inclusion in: The Best Lawyers in America (Labor and Employment); Georgia's Best Lawyers; Who's Who Legal USA - Management Labor and Employment; Who's Who Legal USA - Arbitration; Georgia's Legal Elite published by Georgia Trend Magazine; and The Guide to the Best Attorneys in Georgia published by Atlanta Magazine and Georgia Super Lawyers (in the areas of employment litigation and alternative dispute resolution and as one of the Top 50 Women Lawyers in the state).


As an arbitrator, has arbitrated employment discrimination and retaliation, restrictive covenant, employment contract, civil rights, commercial, general contract and business tort cases since 2003. As an arbitrator for Fulton County Superior Court, handled commercial, business, contract, and personal injury cases. As a mediator, has mediated employment discrimination and retaliation, restrictive covenant, employment contract, civil rights and other employment-related disputes since 1996, as well as commercial, general contract and business tort disputes. As an advocate, has mediated and arbitrated discrimination, retaliation, restrictive covenant, employment contract, civil rights and other employment-related cases, aswell as commercial, contract and business tort cases. For more information, go to



www.pennpayne.com.


AAA Webinar, Guided Choice: Innovations in Mediation to Get Better Settlements at Less Cost, 2014; AAA Webinar, Managing ESI Exchanges in Arbitration- Preparing Yourself for the New Landscape and New Challenges, 2014;AAA The Extent (or Limit) of Mediator Influence, 2013; AAA Managing the Arbitration Process for Efficiency & Economy Following the Preliminary Hearing, 2012; AAA Advanced Mediator Training Series: The Extent (or Limit) of MediatorInfluence to Effect Settlement, 2012; AAA/ICDR Neutrals Conference, 2010; AAA, Employment and Labor Arbitrator Code of Ethics, 2010; ABA ADR Section, Sound Perspectives on ADR, 2008; AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2007; AAA Dealing With Delay Tactics in Arbitration (ACE004), 2007; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2006; AAA Employment Arbitrator II Training: Advanced Case Management Issues, Palm Springs, 2005; AAA Arbitrator I Training - Fundamentals of the Arbitration Process, Atlanta, 2003; Resolution Resources Corporation, Advanced Mediation Training, Atlanta, 1998; Resolution Resources Corporation, General Mediation Training, Atlanta, 1996.

Professional Licenses Admitted to the Bar, Georgia; admitted to practice before all state and federal courts in Georgia. Registered Neutral, Georgia Office of Dispute Resolution.


National Academy of Distinguished Neutrals; Georgia Academy of Mediators and Arbitrators; State Bar of Georgia (Labor and Employment Section); Atlanta Bar Association (Labor and Employment Section; Past Board of Directors); Lamar Inn of Court (Past member; Past Executive Committee); Federal Defender Program (Past member of Board of Directors; Past President); Emory Law School Council (Past member).

Education Stanford University (AB, History, Dean's List-1966); Emory University (JD, With Honors, Order of the Coif-1978).


SPEAKING ENGAGEMENTS: "The Employment and Labor Arbitrator's Code ofEthics," American Arbitration Association panel discussion; "Negotiate, Mediate, Settle," conducted mock mediation, Atlanta Bar Association Advanced Employment Law Seminar; "Mediation of Employment Claims," The Seminar Group's 2nd Annual Labor and Employment Law Seminar; "The Ten Most Common Employment Law Mistakes," 9th Annual Advanced Employment Issues Seminar; "Selected Developments in Georgia Restrictive Covenants Law," 34th Annual Labor and Employment Law Institute; "Analyzing an Age Discrimination Mediation: Termination Tempest," 11th Annual ADR Institute and 2004 Neutrals' Conference; "Facilitating Early Settlement of Litigation," American Corporate Counsel Association, Georgia Chapter; "Mediating at an Early Stage of a Dispute: Techniques to Increase the Likelihood of Settlement," Atlanta Bar Association, ADR Section; speaker and publication, "Disputes Management: Facilitating Early Settlement of Litigation - An Outside Counsel's View," Corporate Counsel Institute, 2003; "Managing an Employee Who Has Filed a Discrimination Complaint Against Your Company," Society for Human Resource Management,



Southeastern Annual Conference, 2003; "'Trial Tactics'" in EEO Basics," AmericanBar Association Section of Labor and Employment Law, 2001; "What's Hot and What's Not in Employment Law: An Ounce of Prevention Is Worth a Pound of Cure," American Corporate Counsel Association, Georgia Chapter, 2000; "Emerging Issues in Employment Discrimination Litigation, Recent ADA Cases from the Supreme Court," Institute of Continuing Legal Education in Georgia, 1999; "The Family and Medical Leave Act," The Layman's Lawyer, weekly program on public television, 1999; "Psychiatric Disabilities Under the Americans with Disabilities Act," Matthew Bender Continuing Legal Education and the Atlanta Bar Association, 1998.

Awards and Honors Over the past several years, has variously been recognized by her peers through inclusion in The Best Lawyers in America; Who's Who Legal USA - Management Labour and Employment; Who's Who Legal USA - Arbitration; Georgia's Legal Elite published by Georgia Trend Magazine; and The Guide to the Best Attorneys in Georgia published by Atlanta Magazine (as a Georgia "Super Lawyer" in employment litigation and alternative dispute resolution and as one of the Top 50 Women Lawyers in the state).


CompensationHearing: $350.00/HrStudy: $350.00/HrTravel: $0.00/HrCancellation: $2800.00/DayCancellation Period: 5 DaysComment: Hourly rate for hearings & study

time, including motions, preliminary hearings, discovery disputes & awards. Cancellation fee: eight (8) hours time, if notified less than five (5) businessdays before hearing. Reimbursement for reasonable & related out-of-pocket expenses, including travel, meals & lodging if arbitration is outside metro Atlanta.

Frank S. James III, Esq.Neutral ID : 153684


Frank S. James III, Esq.Baker, Donelson, Bearman, Caldwell & Berkowitz, P.

Current Employer-Title Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - Shareholder

Profession Attorney

Work History Shareholder, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, 1990-present;Professor/Assistant Dean, University of Alabama School of Law, 1986-90; Assistant U.S. Attorney, U.S. Department of Justice, 1980-86; Law Clerk, Chief Judge, Southern District of Alabama, Administrative Office of U.S. Courts, 1978-80.

Experience Has spent most of career representing management in employment matters arising under Title VII, the Age Discrimination in Employment Act, the Rehabilitation Actof 1973, the Americans with Disabilities Act, the Fair Labor Standards Act, the Family and Medical Leave Act, and the National Labor Relations Act. Practice includes litigation in the state and federal courts and appearances before the EEOC and the National Labor Relations Board. Has counseled management with respect to employment-related issues, including federal contract compliance, affirmative action, reductions in force, plant closings, hiring and termination, privacy, and drugand alcohol testing. Assists management in preventing employment claims by conducting client audits, conducting or directing investigations, designing and reviewing employment policies and procedures, and conducting seminars. Listed in"The Best Lawyers in America" in Labor and Employment Law; and Alabama Super Lawyers (Employment & Labor). Fellow - Litigation Counsel of America. AV Peer Review rated by Martindale-Hubbell.


Has mediated more than 100 employment cases, as well as serving as arbitrator andcounsel in employment, consumer, civil rights, and commercial disputes. FoundingMember, Alabama Association of Attorney-Mediators. Member, Panel of Neutrals,United States District Court, Northern District of Alabama.


AAA Developments in Arbitration Law: Non-Signatories, Discovery and Vacatur, 2014; AAA Developments In Arbitration Law: Disclosure, Vacatur, Sanctions, andArbitrator Authority, 2013; AAA Where Do We Draw the Line? Ethics in Arbitration, 2013; AAA Don't Strike Back: Retaliation Claims on the Rise, 2013; AAA Confidentiality in Labor and Employment Arbitration, 2013; AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2012;AAA Maximizing Efficiency & Economy in Arbitration: Challenges at the Preliminary Hearing, 2011; ABA Section of Dispute Resolution, Fifth Annual Arbitration Training Institute, A Comprehensive Training in Commercial Arbitration, 2010; AAA Pro Se: Managing Cases Involving Self-Represented Parties (ACE002), 2009; AAA Commercial Arbitrator II: Advanced Case Management Issues, 2006; Attended AAA Neutrals Conference, 2005; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2005;

Frank S. James III, Esq.Neutral ID : 153684


AAA Arbitrator I Training-Fundamentals of the Arbitration Process, 2005; American Academy of Attorney-Mediators, Basic Mediator Training, 1994.

Professional Licenses Admitted to the Bar, Alabama, 1978.


American Bar Association; Alabama State Bar; Birmingham Bar Association (Past Secretary-Treasurer); Alabama Association of Attorney-Mediators (Charter Member).

Education Campbell College (BS, Government-1973); University of Alabama (JD-1978).


"Protecting Final Judgments: A Critical Overview of Provisional Injunctive Relief in Alabama," 40 ALABAMA LAW REVIEW 95, 1990; co-author, "Perspectives on the Evidence Law of Alabama: A Decade of Evolution," 20 CUMBERLAND LAW REVIEW 227, 1988; "Contingent Fees in Domestic Relations Actions: The Minority Rule(s)," 3 JOURNAL OF THE LEGAL PROFESSION 209, 1978; pamphlet, "What Teachers and School Administrators Should Know About Copyright," Alabama General Assistance Center, 1977.

Citizenship United States of AmericaLanguages EnglishLocale Birmingham, Alabama, United States of America

CompensationHearing: $3100.00/DayStudy: $440.00/HrTravel: $0.00/HrCancellation: $3100.00/DayCancellation Period: 2 DaysComment: Charges hourly rate for study

time, management conferences, discovery disputes, summary consideration, review of briefs, award writing and out-of-town travel. Cancellation fee at daily rate for cancellation of hearing within 48 hours of scheduled hearing.

Alisa Pittman. Cleek, Esq.Neutral ID : 155852


Alisa Pittman. Cleek, Esq.Elarbee, Thompson, Sapp & Wilson, LLP

Current Employer-Title Elarbee, Thompson, Sapp & Wilson, LLP - Attorney

Profession Attorney

Work History Attorney, Elarbee, Thompson, Sapp & Wilson, LLP, 1996-present; Attorney, Dennis, Corry, Porter & Smith, LLP, 1995; Clerk to Chief Judge Dudley H. Bowen, Jr., U.S. District Court for the Southern District of Georgia, 1994.

Experience Represents employers and employees in employment-related litigation and represent employers in traditional matters, including unfair labor practice proceedings, representation cases, arbitrations and collective bargaining. Also focuses on proactively counseling employers regarding day-to-day employment decisions in order to avoid litigation. Works with a variety of employers nationwide, including chemicals and mining operations, major restaurant chains, sales organizations, and retail operations.

Class Actions and Collective Actions - has extensive experience handling class actions and FLSA collective actions. She has litigated these claims throughout the United States on a nationwide basis, including lawsuits in California, Alabama, Washington D.C., Texas, Florida, and New Mexico. She has dealt with class certification and notice issues.

Employment litigation - focuses on employment discrimination and harassment litigation. Successfully defended a company against a race discrimination claim involving direct evidence by receiving a jury verdict in favor of the company. Has also represented a corporate real estate agent to successfully secure $85,000 in settlement of a sex-discrimination claim.

Labor relations - has arbitrated numerous cases under various collective bargaining agreements involving the IBEW, United Steelworkers, and United Food and Commercial Workers. Also provides preventative advice to industrial relations departments of companies regarding navigating employment decisions under a collective bargaining agreement.

Non-competition/non-solicitation litigation - experienced with drafting restrictive covenants for employers related to employees in numerous states throughout the U.S. Has also litigated both to enforce and to overturn restrictive covenants on behalf of employers and employees. In addition, am also involved in drafting various other restrictive covenants, including non-recruitment agreements.

Hospitality and service industries - currently serving as the Chair of Elarbee Thompson's Hospitality & Service Industries Group. The Group specializes in issues unique to the hospitality and service industries, including wage and hour,



immigration, and harassment/discrimination.


Registered arbitrator and mediator in Georgia, specializing in drafting binding arbitration agreements for employers and rolling out the arbitration program to employees.

Arbitration: has represented employers and employees in over 50 arbitrations. Involved in arbitrations where an award was entered for an amount against the employer and/or employee. The awards have ranged and some have included an award of attorneys fees and costs. The arbitrations have involved discrimination, harassment, retaliation, breach of contract, collective bargaining contract disputes, and other employment related disputes.

Mediation: has represented both employees and employers in over 75 mediations. The sizes of settlement have ranged from $1,000 to over $3,000,000. Involved in mediations involving between two and fifty parties. At times, over 20 attorneys have been involved in mediation representing separate parties. The mediations haveinvolved discrimination, harassment, retaliation, breach of contract (non-competes, severance agreements, etc.), and various other employment related disputes.


AAA Ethics 101: Arbitrators, Mediators & Attorneys, 2014; AAA Winning at Arbitration: More than 30 Specific Tips Advocates Can Use to Improve ArbitrationOutcomes, 2014; AAA Making The Most Of Mediation, 2014; AAA Solving the Puzzle of "Just Cause" in Labor Arbitration, 2013; AAA, Recovery of Legal Fees and Costs in Arbitration: The What, When, Where, Why and How, 2013; AAA Arbitrator Ethics & Disclosure (ACE003), 2013; AAA Dealing With Delay Tacticsin Arbitration (ACE004), 2013; AAA Pro Se: Managing Cases Involving Self-Represented Parties (ACE002), 2011; AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2011; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2009; AAA Arbitration Fundamentals and Best Practices for New Arbitrators, 2008; National HR in Hospitality Conference & Expo, ADR for HR: New Skills for Old Problems,2007; Law.com, ADR in the Professional Sports World: The Similarities, Differences, Pros & Cons, 2006; SHRM Atlanta, Avoiding Litigation in the Employment Arena, 2005; SHRM Atlanta, The EEOC's Mediation Program, 2005; Law.com, Basic Litigation Skills - ADR, 2004; Law.com, Early Dispute Resolution: Creating an Effective Corporate Program, 2003.

Professional Licenses Admitted to the Bar: Georgia, 1996; Texas, 2002; New York, 2002; U.S. District Court, District of Columbia, 1998. Certified Public Accountant, Virginia, 1995. Registered Mediator, Georgia, 1999. Registered Arbitrator, Georgia, 1999.


American Bar Association (Litigation Section; Alternative Dispute Resolution Section); Atlanta Bar Association (Labor & Employment Section; Women in the Profession, Chair of the Board); Virginia Society of Certified Public Accountants; Society of Human Resource Management (Atlanta Chapter; President; Board Member); University of Georgia, Terry College of Business (Board of Directors).

Education University of Georgia (BBA, Accounting, magna cum laude-1993); College of



William & Mary (JD-1996).


Chapter author, "Safety and Health," chapter 16, HOW ARBITRATION WORKS, BNA, 2004; contributor, INTRODUCTION TO THE LAW IN GEORGIA, State Bar of Georgia, 2004; chapter author, "Substance Abuse," chapter 6, SUPPLEMENT TO BNA'S DISCIPLINE AND DISCHARGE IN ARBITRATION, BNA, 2001; contributor, "Survey: The Controversey Surrounding the Jurisdiction of Bankruptcy Courts," J. BANKR. L. & BRAC., vol. 5, no. 5, 1996; co-author, "Survey: Has Congress Really Solved the Controversy Surrounding the Jurisdiction of Bankruptcy Courts?," J. BANKR. L. & BRAC., vol. 5, no. 5, 1996.

SPEAKING ENGAGEMENTS: "Hiring, Training and Retaining the Best," Aaron Rents, Inc., March 2008; "The Leader Within," Atlanta Bar Association Women in the Profession, January 2008; "The Americans with Disabilities Act," Hooters of America, Inc., July 2007; "Family and Medical Leave Act," American Features Synciate, 2007; "Harassment & Investigations," Hooters of America, Inc., July 2006; "FLSA, Living Wage and Arbitration Agreements," Chain Restaurant Compensation Association, July 2005; "Family & Medical Leave Act," Lohrman's, March 2004.


CompensationHearing: $3600.00/DayStudy: $450.00/HrCancellation Period: 60 DaysComment: Charges apply for file review,

review and study of pre-hearing briefs and materials submitted by parties, review of pre-hearing motions, legal research, review and study of post-hearing submissions by parties, hearing/pre-hearing conferences, review and analysis of correspondence, and discussion/deliberation time, and drafting of Award. Charges also apply for photocopying, scanning,legal research, and courier/FederalExpress charges incurred.

If hearing cancelled/postponed any time after date confirmed, but more than 60 days before hearing date, fee will be $500.00; cancelled/postponed 31-60 days before hearing, fee will be



$1000.00; if cancelled/postponed 30 days or less before hearing date, the fee will be $1400.00.

Expenses incurred for transportation, accommodations, and meals based upon actual out-of-pocket expenditure; mileage will be charged at the current IRS rate per mile. Willing to travel; will bill from Atlanta, Georgia, and cannot bill to another file during that time.

May bill for a research assistant at$300.00 per hour.

Bruce Bennett, CPANeutral ID : 156478


Bruce Bennett, CPAADR Logic

Current Employer-Title Bruce W. Bennett, Esq., CPA

Profession Arbitrator, Mediator, Attorney; Certified Public Accountant (CPA)

Work History Principal, Bennett Law Offices, LLC, 2001-present; CPA, Wren & Associates, 1998-01; Division Financial Accounting Manager, The Coca-Cola Company, 1994-98; Division Controller, National Service Industries, Inc., 1984-94; Senior Auditor, National Service Industries, Inc., 1984-89; Associate, Gerald T. Bennett, Attorney at Law, 1983-84.

Experience Legal Experience:

Represented clients in matters involving accounting and tax controversies, administrative law, bankruptcy, business startups and dissolutions, consumer law, contracts, complex commercial and business law, consumer law, criminal law (misdemeanors and felonies), domestic relations, estate planning, intellectual property, employment law, malpractice claims, liens, partnership disputes, personalinjury / premises liability claims, residential real estate disputes, secured transactions including Uniform Commercial Code (UCC) claims, unemployment claims, unpaid loans and notes, and workers' compensation disputes.

Business client profiles include automotive repair shop chains, commercial / residential landscape service companies, construction firms, hardware stores, pet store franchisees, real estate investment partnerships, restaurants and shopping plaza investors.

Business:

At The Coca-Cola Company, led a team that implemented the North American Information Service Division's largest multi-tiered, metadata mining system in its history. Renegotiated several telecommunication leases that resulted in dramatic savings for the North American intra-company communication operations between The Coca-Cola Company and its world-wide bottling partner (Coca-Cola Enterprises) and managed annual operating and capital budgets in excess of $100 million dollars.

Conducted over 100 financial and operational audits and led several high profile forensic and fraud investigations. Revamped an automated inventory control and measurement system of a highly complex manufacturing and wholesale distributionplant and oversaw the construction of a 12,000 SF manufacturing and storage facility that provided space for a new operating division. Managed payroll tax compliance, periodic financial closings, inventory control, prepared and monitored budgets, coordinated financial statement and ERISA pension audits and migrated a



periodic product-based cost accounting system to an activity-based model.

Franchise-related:

Drafted asset purchase and operating agreements, bills of sale and contracts, loan agreements, promissory notes and security liens. Reviewed inventory control, cutoff, and valuation procedures, negotiated franchise fees and other franchise costs, and assisted with transition issues after the franchise purchase. Mediated and arbitrated franchise disputes alleging breach of contract, fraud, inventory valuation,lack of training, misrepresentation in franchise disclosure documents, nonconformance to franchise standards, non-compete agreements, trademark infringement, unpaid fees, royalties and taxes. Clients include pet and hardware stores, computer and internet web-based consulting businesses, wood and metal fabricators, retail shops, real estate firms and restaurants.

CPA and Forensic Accounting:

Advised individuals and businesses in matters concerning investments, tax planning and compliance, and financial reporting. As a forensic accountant, investigated and testified as an expert witness in matters alleging fraud, misrepresentation, breach of contract and fiduciary duty, and negligence. Provided expert opinions concerning the valuation of public and private securities and tracedfunds between asset classes and accounts in money-laundering schemes.

Human Resources:

For 15 years performed ERISA compliance audits; designed training and policy / procedure manuals, managed employee complaints of sexual harassment, disability, religion and age discrimination, filed employment tax returns and was responsible for recruiting, hiring and discharging employees. Developed job descriptions and human resource policies, negotiated union labor contracts, investigated EEOC and workers' compensation claims and developed employee loyalty programs.

Training:

Speaker on mediation ethics and tax issues affecting mediation and has conducted training for business executives and the Georgia Office of Dispute Resolution.


Arbitration Experience:

Arbitrates cases involving banking disputes, breach of contract, breach of fiduciary duty, commercial paper, complex business disputes, consumer and employment law, franchise disputes, fraud, intellectual property disputes involving trademarks and Internet domain names, international transactions, lack of supervision, malpractice, mechanic and materialmen liens, misrepresentation, negligence, reckless investing, secured transactions (UCC and non-UCC claims), theft of goodwill and theft of services. On occasion arbitrates domestic cases involving matters of property division, business valuation, alimony, child custody and child



support. Cases include disputes between corporate, partnership and individual litigants involving matters ranging in amounts from a few thousand to in excess of several million dollars.

Regularly arbitrates cases before the American Arbitration Association (AAA) and serves on the commercial, employment, franchise, banking, and large and complex cases panels. Also arbitrates cases for the Financial Industry Regulatory Authority (FINRA), which governs industry and customer disputes for firms that are members of the National Association of Securities Dealers (NASD) and New York Stock Exchange (NYSE). FINRA cases typically involve matters involving unsuitability and the churning of mutual funds; stocks, bonds and other asset classes; negligent hiring; fringe benefits; breach of contract; collusion; conversion; fraud; and RICO and the Georgia Uniform Securities Act violations. Also serves onseveral national panels including Construction Dispute Resolution Services, the National Center for Dispute Settlement and the National Futures Association.

Has presided as panel chairman, sole arbitrator, or panel arbitrator in over 50 cases to final hearing involving two-party and multi-party disputes. Also arbitrates cases before the United States Bankruptcy Court Northern District of Georgia, Superior Courts of the State of Georgia and the State Bar of Georgia Fee Arbitration Program. Has extensive knowledge of the rules and procedures applicable to the Federal Arbitration Act (FAA), Title Nine Articles of the Georgia Arbitration Code, Commercial and Employment Arbitration Rules and Mediation Procedures of the American Arbitration Association, and several other arbitration tribunals.

Mediation Experience:

Mediated well over 1000 commercial, consumer, domestic and employment cases with a settlement rate of over 75% (partial or full agreements). Has mediated cases including the following: (a) franchise disputes involving pet stores, fast-food restaurants, fitness centers and home-improvement outlets; (b) intellectual propertycases involving patents for computer systems and trademark infringement; (c) disputes over the ownership of Internet Domain Names; (d) real estate property disputes including those with multi-party litigants involving eminent domain, foreclosure and partitioning issues; (e) malpractice cases involving an attorneys, CPAs, real estate agents and real estate brokers (f) personal injury cases involving death, auto accidents, and premises liability; (g) international business disputes involving goods lost in transit, spoilage, damaged goods and non-payment; (h) EEOC claims; (i) construction cases involving improper design, cost overruns, parking lot variances, negligent workmanship, lack of permitting and warranty coverage; (j) breach of fiduciary duty involving trustees, executors and business partners; (k) bankruptcy adversarial disputes; (l) business valuation issues; (m) domestic relations cases involving divorce, alimony, child custody and support and legitimation; (n) multiparty probate disputes; (o) workers' compensation disputes; and (p) numerous other cases involving suits on accounts (including FDCPA complaints), (q) breach of contract, (r)fraud, (s) landlord-tenant and lease disputes, (t) sales tax disputes and federal tax liens, and general civil matters.

Alternative Dispute Over 350 hours of formal training via state and national conferences, webinars, in-



Resolution Training person classroom instruction and hands-on mock arbitrations and mediations. Is also a regular judge for the Georgia High School State Mock Trial Program and Brenau University's National High School Mediation Competition.

Professional Licenses State Bar of Georgia (#50498) Georgia State Licensing Board for Certified Public Accountants (#CPA013746) Georgia Office of Dispute Resolution (#1807)Georgia Supreme Court U.S. District Court: Northern and Middle Districts of Georgia U.S. Court of Appeals, Eleventh Circuit


American Bar AssociationAmerican Institute of Certified Public AccountantsAssociation for Conflict ResolutionConstruction Dispute Resolution ServicesFinancial Industry Regulatory Association Georgia Office of Dispute ResolutionGeorgia Society of CPAs Institute of Business and Finance National Center for Dispute Settlement National Futures AssociationState Bar of Georgia

Education John Marshall Law School (JD, with distinction); Luther Rice University (MAA, with honors); University of Georgia (BBA, Finance).


Conducted mock arbitration training for attorneys, Empirical Creative, LLC, 2014, 2012; Speaker, "Criminal Defense Issues (White Collar Crimes)," Annual GwinnettCounty Bar Association Criminal Defense Seminar, 2008, 2007, 2006, 2005; Gwinnett County Panel of Neutrals Conference, 2013, 2012, 2011, 2010, 2009, 2008, 2007, 2006. "Fair Tax Act of 1999," NOTRE DAME LAW REVIEW JOURNAL OF LEGISLATION, 27 J. Legis. 1, 2001; Quoted in newspaper and on websites on current trends and advisories in field of mediation and arbitration.

Citizenship United States of AmericaLanguages EnglishLocale Grayson, Georgia, United States of America

CompensationHearing: $250.00/HrStudy: $250.00/HrTravel: $100.00/HrCancellation: $500.00/DayCancellation Period: 3 DaysComment: Travel time to hearing:

A. No charge within the five-county Metro Atlanta area. B. $100 per hour plus mileage



outside of the five-county Metro Atlanta at the prevailing IRS business mileage rate. C. Reasonable food, lodging and transportation.

Hon. Mollie Wagner NealNeutral ID : 156539


Hon. Mollie Wagner Neal

Current Employer-Title Retired Administrative Law Judge

Profession Attorney - Labor and Employment Law

Work History Administrative Law Judge, U.S. Department of Labor, 1991-05; Administrative Law Judge, Social Security Administration, 1990-91; Assistant General Counsel, Office of the General Counsel/Supervisory Trial Attorney/Regional Attorney/Trial Attorney, U.S. Equal Employment Opportunity Commission (EEOC), 1974-90; Staff Attorney, National Committee Against Discrimination in Housing, 1973-74; Staff Attorney, D.C. Neighborhood Legal Services, 1972-73; Law Clerk, Superior Court of the District of Columbia, 1971-72.

Experience Sixteen years of experience in fair employment practices litigation under Title VII, the Equal Pay Act, and the Age Discrimination in Employment Act. Litigated, supervised and directed class actions cases in U.S. District Courts and U.S. Courts of Appeals, involving discriminatory hiring, promotion, wage, job classification, layoff and recall, discipline, discharge, retaliation, fringe benefits, and terms and conditions of employment. Expertise includes cases involving manufacturing and production, retail, and service sectors in private employer industries of automobile, railroad, steel, retail food, printing and insurance. Cases also involved pay and pension benefits issues relating to public sector employers, such as colleges and universities and fire and police departments.

Fourteen years of experience as an administrative law judge with the U.S. Department of Labor. Adjudicated cases arising under federal labor and employment laws (including the statutes governing minimum wage and overtime pay and workplace health and safety violations, prevailing wage rate violations in federally funded construction projects, and "whistleblower" actions under various employee protection statutes. Also adjudicated a substantial number of cases involving claims for disability compensation and benefits under the LongshoremanHarbor Workers Compensation Act and the Black Lung Act. The cases were adjudicated in adversarial proceedings governed by the Administrative Procedure Act, and involved the manufacturing and production industries, the building trades,mining and shipbuilding industries. Also adjudicated disability benefits cases under the Social Security Act.


Alternative Dispute Resolution Experience Served as panel and chairperson arbitrator in approximately fifteen securities cases, involving claims of breach of contract, fraud, breach of fiduciary duty, misrepresentation, negligence, mismanagement of investment accounts, and unsuitable trading. Trained in the arbitration of securities cases.

Served as panel member and Chairperson in NASD cases involving securities laws,breach of contract, fraud, misrepresentation, negligence, mismanagement of



investment accounts, and unsuitable trading for seven years.


AAA Managing Your First Arbitration, 2011; AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2010; AAA Dealing with Delay Tactics in Arbitration (ACE004), 2010; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2009; AAA Arbitration Fundamentals and Best Practices for New Arbitrators, 2009; FINRA, Dispute Resolution Revised Code of Arbitration Procedure, 2008; ABA Dispute Resolution8th Annual Conference, Arbitration Skills Training, 2005; Office of Dispute Resolution, Chairperson Training, 2002; Office of Dispute Resolution, NASD Training: Panel Member, 2000; Mediation Skills Training for Department of LaborAdministrative Law Judges, 1999.

Professional Licenses Admitted to the Bar: Georgia, 2006; District of Columbia, 1972; U.S. District Court: District of Columbia, 1972; Maryland, 1979; U.S. Court of Appeals: District of Columbia, 1972; Third (1976), Eighth (1975), Ninth (1975), and Tenth (1975) Circuits.


American Bar Association; National Bar Association; State Bar of Georgia; Georgia Association of Black Women Lawyers; Gateway Bar Association.

Education Howard University (BA-1968; JD-1971).

Citizenship United States of AmericaLanguages EnglishLocale Canton, Georgia, United States of America

CompensationHearing: $300.00/HrStudy: $300.00/HrTravel: $0.00/HrCancellation: $0.00/HrCancellation Period: 0 DaysComment: For complex matters, non-hearing

charges are assessed for file review and legal research at a per diem charge of $1200.00 or a per hour charge of $150.00. Charges for review and study of pre-hearing briefs, materials submittedby parties, review of pre-hearing motions, review and study of post-hearing submissions by parties, pre-hearing conferences, necessary communication with AAA and discussion/deliberation time with other arbitrators at a perhour charge of $150.00. May charge cancellation fee, dependingupon the circumstances. Willing to travel to SC, NC and TN; will



bill from current address.

E. Michael Ruberti, Esq.Neutral ID : 158386


E. Michael Ruberti, Esq.E. Michael Ruberti, Esq., LLC

Current Employer-Title E. Michael Ruberti, Esq., LLC - Owner

Profession Attorney, Arbitrator

Work History E. Michael Ruberti, Esq., LLC, 2001-present; President, Ruberti, Girvin & Ferlazzo, 1991-2001; Partner, O'Connell & Aronowitz, P.C., 1986-1991.

Experience Attorney Experience 2001-2012. Employee and management attorney, representingemployees and employers in federal, state and administrative litigation and matters related to collective bargaining.

Federal Court. Recent federal court employment law cases representing employees or employers include: (i) Fair Labor Standards Act cases against (a) moving company, and (b) information technology company; (ii) non-promotion against state environmental agency based on gender; (iii) interference with First Amendment right to marry and gender discrimination against state police; (iv) reprisal against federal agency by federal employee who filed an Equal Employment Opportunity Commission complaint; (v) Family and Medical Leave Act against public school district for causing termination of teacher by failure to provide Family and Medical Leave Act rights; (vi) physical abuse against county by sheriff's unreasonable search and seizure; (vii) sexual harassment against countybased on supervisor's conduct; and (viii) retaliation for participating in mediation against federal agency.

Equal Employment Opportunity Commission. Recent EEOC cases (arising under Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, and the Rehabilitation Act) include (i) non-promotion based on race against federal agency; (ii) failure to accommodate physical and emotional disabilities caused by on-the-job injuries against federal agency; (iii) failure to accommodate physical and emotional disabilities against federal agency; (iv) non-promotion based on perception of cardiovascular physical disability against federal agency; and (v) several reprisal cases based on engaging in a variety of protected activities, all against federal agencies.

Merit System Protection Board. Recent MSPB disciplinary cases, all involving law enforcement officers, covering a broad array of charges and specifications, including (a) falsification of employment application; (b) lack of candor during office of inspector general investigation; (c) improper use of government email; (d)sabotage of agency technology system; (e) failure to disclose vital health information; (f) disrespect of supervisors; (g) fighting on the job; (h) interference with OIG investigation; (i) disclosure of "for official use only" information; and (j)retaliation/reprisal for participation in EEO process.



New York State Division of Human Rights. Recent NYSDHR cases include: (i) ex-offender's claims of discriminatory failure to hire against transportation company; (ii) refusal to accommodate based on disability and race against transportation company; (iii) reprisal claim for filing complaint with Equal Employment Opportunity Commission against transportation company; (iv) sexual harassment claim against transportation company and co-worker; and (v) race and religious discrimination claim by passenger against transportation company.

Attorney Experience 1986-2001. An employment and labor law attorney involved in all aspects of employment law and collective bargaining. A managing partner, and head of management side employment and labor law department, O'Connell & Aronowitz, Albany, New York, 1986-1991. President, Ruberti, Girvin & Ferlazzo, 1991-2001, a management side employment and labor law firm of approximately 20 attorneys. From 1986-2001, represented public school districts, other local governments, and private employers in the transportation, concrete, roofing, and health care industries.

Recognitions: Martindale Hubbell AV Preeminent Peer Review Rating; American Lawyer Media 2013 Top Rated Lawyer in Labor and Employment.


Arbitrator Experience 2007-2012. Part time arbitrator since 2007. Has arbitrated at least 100 cases as an advocate. Participated in at least 40 mediations and fact-findings as an advocate. American Arbitration Association Employment and Labor Panels. Arbitrated over 100 cases as Select Arbitrator for the Triage and Expedited Arbitration Pilot Program for New York Public Employees Federation and the State of New York. Current appointments include U.S. District Court, Northern District of New York, ADR Arbitrator/Mediator/Evaluator; State of New York/New York State Correctional Officers and Police Benevolent Association Disciplinary Panel; and New York State/University Professions Disciplinary Panel.

Also experienced practicing before the New York State Public Employment Relations Board, U.S. Occupational Safety and Health Administration, National Labor Relations Board and the New York State Labor Department.

Issues Arbitrated. Arbitrability, just cause for discipline, cause and just cause for termination of employment agreement, probationary employee discipline, retaliation for participation in protected activities, whistleblower reprisal, discrimination, disparate treatment, overtime including Fair Labor Standards Act, absenteeism including Family and Medical Leave Act, drug and alcohol usage, collective action, past practice, principles of contract interpretation, principles of statutory interpretation, access to personnel records, subcontracting, seniority, transfer and reassignment, wage disputes, work assignments, benefits, workers compensation, management rights, physical fitness for position, dress codes, bargaining history, and holiday and vacation pay.

Industries. Law enforcement, construction, concrete, transportation, banking, defense contracting, insurance, federal government, state government, local government.




AAA Arbitration Fundamentals and Best Practices for New Arbitrators, 2012; AAA Labor Arbitrator I, 2011; Georgia Commission on Continuing Lawyer Competency, Annual Labor and Employment Law CLE, 2009, 2008; Georgia Commission on Continuing Lawyer Competency, Urgent Legal Matters CLE, 2007.

Professional Licenses Admitted to the Bar: New York, 1986; Georgia, 2002.


New York Bar Association; Georgia Bar Association; American Inns of Court (Past Master).

Education State University of New York at Cortland (BS); Syracuse University, Maxwell School of Citizenship and Public Affairs (MA, PhD); Albany Law School of UnionUniversity/Law Office Study.


The Title VII Rights of Federal Employees, Federal Law Enforcement Training Center Employees, 2009; The Merit Systems Protection Board Rights of Federal Employees, Federal Law Enforcement Training Center Employees, 2009; The Section 1983 Rights of Federal Employees, Federal Law Enforcement Training Center Employees, 2009; The Fair Labor Standards Act Rights of Federal Employees, Federal Law Enforcement Training Center Employees, 2008; The Rehabilitation Act Rights of Federal Employees, Federal Law Enforcement Training Center Employees, 2008.

Citizenship United States of AmericaLanguages EnglishLocale St. Simons Island, Georgia, United States of America

CompensationHearing: $1800.00/DayStudy: $250.00/HrCancellation: $1800.00/DayCancellation Period: 14 DaysComment: Daily rate applies to each seven

hour day or part thereof. Hourly rate $250 applies to hearing/study days in excess of seven hours. Reimbursement will be for all reasonable travel expenses.