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Will Hartsfield
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IMI Certified Mediator
United States
Texas
English
AAA - American Arbitration Association
Mediation Profile

EMPLOYMENT: Shareholder/Director, Hamilton & Hartsfield, P.C., 1994-present; Shareholder/Director/Of Counsel, Miller, Hiersche, Martens & Hayward, 1988-93; Corporate Counsel, TGI Friday's Inc., 1981-88; Associate, Carrington, Coleman, Sloman & Blumenthal, 1977-81; Briefing Attorney, The Honorable Sam D. Johnson, Texas Supreme Court, 1976-77; U.S. Navy Reserve, Judge Advocate General Corps, 1973-76.

EXPERIENCE: Over 20 years of ADR experience, including both arbitration and mediation. Over 25 years litigating employment and other matters, representing both plaintiffs and defendants. Clients include employers, employees, consumers, franchisors, franchisees, software developers, licensors, licensees, individual physicians, physician practices, health care providers, third party plan administrators, manufacturers, restaurants and hotels.

INTERNATIONAL: Experience in both international business and technology matters including franchising, intellectual property and employment agreements and disputes. Representation of United States companies doing business in Australia, Canada, Caribbean,China, Japan, Mexico and European Union. 

Since 1989, mediated over 290 matters, many of which were mediated prior to suits being filed. Most matters involved employment disputes and the remainder have generally been personal injury, franchise, health care, intellectiual property, software or commercial disputes. Approximately 160 of these matters included employment disputes involving such matters as Title VII, FLSA, FMLA, ADA, OSHA, ERISA benefits, non-compete agreements, individual employment contracts and collective actions. Approximately 50 of the matters involved commercial disputes including franchises, software disputes, consumer matters, homeowner disputes and landlord-tenant disputes. Approximately 50 involved personal injury disputes. Of the employment matters, over 100 involved various federal or state statutory discrimination claims against private employers, approximately 20 involved employee benefit or ERISA issues, approximately 15 involved public employers, and approximately 14 involved FLSA collective actions. The employment mediations have generally ranged from $100,000 to $20,000,000 in damage claims. Generally, the larger claims involved contract disputes centering on bonuses and stock options. Of the commercial disputes, approximately 20 included franchises and approximately 15 included software disputes. The commercial claims have generally ranged from $50,000 to $2,000,000. Of all mediations, approximately 40 involved the hospitality industry, 40 involved the retail industry, 30 involved the insurance industry, 20 involved the media industry and 15 involved the medical/health care industry.

Has served as a mediator in approximately 30 multi-party matters, including multi-party plaintiffs and multi-party defendants. Approximately one half of these multi-party claims involved employment disputes

Has served as a mediator in 25 labor disputes.

Each mediation is unique: the issues in dispute, the nature of the parties, the magnitude of the matters, the flexibility of the parties and the parties' familiarity and experience with the mediation process itself, for example. The experience, preparation and goals of the parties, therefore, drive the role of the mediator. Some parties need or desire an evaluation of the relative merits of their position - a reality check. Some counsel need assistance in urging their clients to adopt a spirit of negotiation and to understand the expense and risks of taking their disputes to trial instead of settling their differences through mediation. Some need to identify possible solutions. Others only need assistance in communicating their position clearly to the opposing side. The mediator provides a buffer that facilitates a settlement acceptable to all parties, when beforehand there were hardened and extreme positions, failures to communicate, failures to understand, or failures to trust.

Commercial disputes, International and Domestic Employment disputes, International and Domestic Employee Benefits Franchise, International and Domestic Healthcare Intellectiual property Labor Personal Injury Software Technology Telecommunications

Dallas Area Labor and Employment Law Group (Past President); Texas Bar Association (ADR Section; Labor and Employment Law Section; Litigation Section; Intellectual Property Section); Dallas Bar Association (ADR Section; Employment Section; Franchise Section; Collaborative Law Section); Association for Conflict Resolution; Texas Mediator Credentialing Association; Texas Mediation Trainers Roundtable; Texas Workers' Compensation Commission (ADR Section); Northwestern University School of Law (Merrill Lynch Claim Resolution Process); Certified Hearing Examiner, Texas Education Agency; Dallas Area Rapid Transit Authority (Trial Board Panel); Dallas Bar Foundation; Texas Bar Foundation; College of the State Bar of Texas.

Training and Education

American Arbitration Association, Mediation Training 5/89
Dallas Bar Association, Mediation Training 6/89
Association of Attorney Mediators, Mediation Training 7/89
Dallas Bar Association, Mediation Training 11/89
Association of Attorney Mediators, Mediation Training 4/91
Dallas Bar Association, Mediation Training 7/91
Attorney Mediators Institute, Mediation Training 10/91
Dallas Bar Association, Mediation Training 6/92
Attorney Mediators Institute, Mediator Training 9/92
Attorney Mediators Institute, Mediator Training 10/92
Attorney Mediators Association, Advanced Mediator Training 2/93
Dallas Bar Association, Mediator Training 2/94
State Bar of Texas, Advanced Negotiations 9/94
SMU Resolving Workplace Disputes 6/98
Dallas Bar Association, Mediation and Ethics 8/98
Dallas Bar Association, ADR Update 3/99
Dallas Bar Association, Advanced Mediation Training 5/00
Dallas Bar Association, Mediation Update 1/01
American Arbitration Association, ADR 2001 2/01
Association of Attorney Mediators, Advanced Mediator Training 11/01
Association of Attorney Mediators, Advanced Mediator Training 11/02
American Arbitration Association, Developments in International ADR 11/02
American Arbitration Association, Neutrals Conference 3/04
Association of Attorney Mediators, Advanced Mediator Training 4/04
Dallas Bar Association, Civil Collaborative Dispute Resolution 3/05
Texas Bar Association, ADR Seminar 10/06
Texas Mediator Credentialing Association, 2nd Annual Symposium Promoting Quality of Practice 11/06
Texas Bar Association, ADR Seminar 10/07
Association of Attorney Mediators, Advanced Mediator Training 11/07
Association of Attorney Mediators, Early Neutral Evaluation 3/08
American Arbitration Association and International Centre for Dispute Resolution Neutrals Conference 2/09

Faculty, American Arbitration Association 4/90
Faculty, Attorney Mediators Institute 1/92
Faculty, Attorney Mediators Institute 3/92
Faculty, Arkansas Bar Association Little Rock 4/93
Faculty, Employment Mediation Federal Bar Association New Orleans 5/93
Faculty, Employment Mediation SMU 5/95
Faculty, Attorney Mediators Institute 5/96
Faculty, Basic Mediator Training 11/96

Publications

Investigating Employee Conduct, West, 1988-09; "What Every Employer Should Be Doing about Sexual Harassment," Business & Legal Reports, 1997; "How to Write Your Employee Handbook," Business & Legal Reports, 1993; "Employee Benefits: Compliance Made Simple," ; numerous articles in the Texas Bar Journal, The Practical Lawyer, and CCH Labor Law Journal.

Compliance

IMI Code of Professional Conduct
AAA/ABA/ACR Model Standards of Conduct for Mediators

IMI Professional Conduct Assessment Process

Underwriters at Lloyd’s, London A group policy through membership in the Association of Attorney Mediators for Arbitrators and Mediators Professional Liability Insurance with limits of $250,000.00 per claim, with an aggregate amount of $2,000,000.00.

Contact
Will Hartsfield
972-490-9008
United States
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