As mediator, Frank facilitates a voluntary, non-binding process to guide the parties toward a mutually beneficial resolution of their dispute. Highly engaged but neutral, Frank helps put the parties in a better position to make critical decisions about their case. Through careful preparation and deliberation, Frank tailors his mediation approach to suit the unique characteristics of each conflict, thus maximizing the chances for success. Frank’s experience, as a mediator for almost a decade and nearly twenty-five years as an employment attorney and business litigator, affords the parties with valuable insights during the assessment of their case.
With his vast mediation and negotiation experience, Frank offers parties a unique and valuable resource by serving as settlement counsel. Having an experienced and dogged settlement counsel on the team frees up trial counsel to remain focused on litigation strategy and tactics, while ensuring that opportunities for beneficial resolution are identified, maximized and secured.
Frank is an experienced investigator of workplace complaints and internal conflicts. When employees raise sensitive issues—such as harassment, discrimination or retaliation—it is imperative that employers promptly investigate and take appropriate responsive action. To be most effective, an investigation should be conducted by someone trained in employment law, experienced in conducting such investigations, perceived as fair and neutral, skilled at developing an appropriate report, and equipped to make recommendations (if appropriate). Often it is beneficial (or necessary) for the investigator to be someone other than management, human resources, or outside counsel for the organization. Frank serves as this vital resource.
Mediation Advocacy Training
Frank also provides training and insights to attorneys who serve as advocates in mediation. Fewer cases are reaching trials and instead many are getting resolved at mediations. Therefore, it is becoming increasingly imperative for lawyers to appreciate the subtle but important differences between trial advocacy and mediation advocacy. The art of negotiation is just as important as the skill of litigation. Frank helps attorneys maximize results for their clients in this alternative and distinct venue.
ADR Program Design and Implementation
Frank assists organizations in designing and implementing alternative dispute resolution programs. These may include informal grievance, formal investigation, mediation and/or arbitration components. Internal ADR programs can help organizations effectively identify — and efficiently resolve — sensitive issues, problem areas and complaints.