Advantages of Alternative Dispute Resolution

Discrimination Claims

 

These occur in all shapes and sizes, for example sexual harassment,sexual discrimination, discrimination based on age, race, natonal origin, disability, gender and sexual orientation. What these have in common is that Mediation can be extremely effective for settling discrimination claims.  People involved in these highly charged, emotional disputes rarely find satisfaction or peace using litigation.  A decision is based on the Rules of Procedure and evidence.  A result is given, but the damage done from the situaton is beyond repair and one or both sides may be unhappy wth the costly imposed outcome.


Mediation changes the focus to cost sensitivity,privacy and finality of the dispute based on the parties cooperation and the Mediator's experence and skill.  Mediation can provide a path to not only a legal resolution of the problem, but also a way to mend the relationship and possibly prevent it from ending.  Mediatng a sensitive claim or series of claims especially those involving alleged sexual misconducdt or nonconsensual conduct following the deterioration of a once romantic relationshjip has enormous benefits for both the employer and employee that may welcome a solution and confdentiality.


Mediation is communication based.  It allows everyone involved in a dspute to speak openly and honestly in a controlled environment.  Charlie Herf works with the parties to encourage disclosure of their positions.  He requres counsel to discuss and explain the other side's position with his or her client so when the Mediation is convened an understanding of the opponent's position exists.  This encourages realistic and open conversation that is essential to reaching a resolution.  A skilled employment mediator is able to get to the root of the problem and help those involved see the ramifications of their actions and the intent of the offending party.  It is possible to resolve discrimination disputes without severing ties.  Ths may be especially true in the professiional busness dispute arena.  Lawyers, doctors, dentists, accountants and financial professionals may find mediation to be preferable to all other methods of dispute resoluton and able to settle a professional issue without impacting personal integrity or community standing.


If you are involved in a discrimination dispute and you believe mediation could help resolve it, Charle Herf can help and will insist on disclosures and that counsel make their client fully aware of the other sides position to foster candor and complete discusson of the issues each side mantains are important.  Charlie believes and for more than 45 years has recommended solutions other than litigation and has mediated these types of cases for private parties and as a Superoor Court Judge Pro Tem.  These optons are usually ideal, both for economic reasons and for getting to the heart  of the matter.  He has expertise in the labor, employment, and business ownership and has successfully resolved varous discrimnation matters such as those described in the first paragraph for a national employer of over 100,000 employees.


To learn more or to discuss your Arizona discrimination claims with Charlie, contact him at 602.397.4006 or by email at Lawdoc.herf@gmail.com.

Employment Disputes

Employment Terminsation, Employee Discipline, Restrictive Covenants, Non-Solicitation, Trade Secret and Confidential Information Disputes.


Alleged wrongful termination disputes can be stressful for everyone involved.  Mediation is an efficient and effective way to resolve wrongful termination disputes and bring an end to an experience that can be harmful to both employer and employee.  These come in a variety of forms from the hourly employee to the CEO of a large company and everything in between.  Employees come in all types of perceived and actual sensitivity and all need to move on and the job situaton is not working.  Life goes on beyond an individual job but losing one may be a major event in a person's life.


Unlike litigation, mediation is completely confidential.  All of the discusson and the details of the dispute and resolution are private.  Not only does this mean everyone can speak openly and honestly about their situation without fear of anything being used against them if mediaton fails, it also means the discussons are held out of the public eye.  Employees are not branded as "trouble makers" and employers do not need to worry about damage to their public reputation.  Counsel and the parties are strongly encouraged to communicate their stories and fully understand the position of their opponent to further the goal of resolution.  The focus can be on resolving the dispute, instead of protecting one's image.  Frequently, there are non-economic issues such as source and content of references that cannot be resolved through litigation but have mutual value for the employer and employee.


If you are involved in a termination or other employment related dspute for any reason, and you believe mediation could help you resolve it, Charlie Herf can help.  Charlie has been involved in dispute resolutons related to termination, non-compete issues, discipline, etc. in Arizona, as well as in New Mexico, Nevada, Illinois and Colorado.  Subject matter has encompassed disputes between a former managing partner of a national law firm, alleged violations of gaming employees at major casinos, public and private employee 

discrimination matters, alleged unfair or wrongful treatment and numerous workplace related disputes.  To learn more or to speak to Charlie about mediation, contact him at 602.397.4006 or by email at Lawdoc.herf@gmail.com

Labor & Employment Arbitration

 

Labor and employment arbitration reaches a decision through a process that involves management and labor without the judicial system.  It addresses a grievance or a contract dispute, or the interpretation of an existing labor contract.  It can and is often used as an alternative tool to a costly and lenghty court battle.  It is a privately agreed upon technique used to resolve many different types of issues including dismissal, discipline, rule or policy interpretation,  Labor arbitration utilizes an impartial third party that brings labor and management to a less expensive, more efficient and quciker process than litigation.  Arbitration can be utilized under a Collective Bargaining Agreement which defines its scope and issues.  It can also be used when a labor union is not involved and when there is not concrete policy for dealing with work place related problems.  Unlike the judicial process the parties and counsel actually select the Arbitrator after doing their own research.


Finding a capable labor and employment arbitrator is essential to the success of an Arizona labor arbitration.  Charlie Herf can help.  He has been involved in private and public sector labor arbitrations commencing when he was a law clerk for a union firm in 1966 and continuing through both representation of management for 45 years.  He has served as an arbitrator and hearing officer for private employers and publc sector entities as well as serving in those capacities, renderng written decisions and makng recommendatons to University Presidents at both Arizona State and the University of Arizona.  These matters included terminaton, appropriate form of disciplne for misconduct and the award of tenure.  Charlie will provide guidelines on his expectations of the parties and counsel.  He will explain what the parties and counsel can expect of him in the Arbitration process.


Charlie is a mature, experienced lawyer with more than four and a half decades of experience in litigation and alternative dispute resolution.  He spent 30 plus years as an Arizona Superior Court Judge Pro Tem assigned to settlement conferences.


Charlie beleves in solutions other than litigation for both economic reasons and to lend certainty to a proble.   His expertise is mainly in the labor and employment arenas.  He has also resolved matters regarding business ownership, securities disputes spending five years after the October 19, 1987 historical stock market crash representing various aspects of the brokerage industry, including broker disputes with their employers before the U.S. District Court of Arizona, the National Association of Securities Dealers (NASD) and New York Stock Exchange (NYSE).  To learn more or to speak with Charlie about his extensive and varied experience and approach to how arbitration whethr binding or non-binding can help you resolve an issue, contact him at 602.397.4006 or by email at Lawdoc.herf@gmail.com.