Mediator/Arbitrator, Multi-Party/Mass Claims/Class Action Disputes (employment, securities and insurance).

Transcription

1 Summary of Professional Experience TRACY L. ALLEN Mediator, Arbitrator, Educator and Attorney 1901 St. Antoine 6 th Floor at Ford Field Detroit, Michigan Direct Telephone No.: (313) Facsimile No.: (313) address: tallen@bodmanllp.com OR tallen@mediate.com Web address: More than twenty-five years of business, commercial, employment, corporate, tax, health, estate planning, and real estate practice before State and Federal Courts and Governmental Tribunals. Present practice devoted to national and international Alternative Dispute Resolution (ADR) as a neutral and ADR service provider and teacher. Emphasis in areas of tax, employment, securities, technology, health, probate, real estate, personal injury, commercial/business, international and multi-cultural matters. Extensive ADR training, mediations and arbitrations. MEDIATOR/ARBITRATOR APPOINTMENTS AND POSITIONS Private neutral national and international Mediator, Arbitrator and ADR Teacher. ADR Educator - American Arbitration Association; Institute for International Mediation and Conflict Resolution; International Chamber of Commerce; Instituto Carlo Amore (Italy); Naples Mediation Association; Adjunct Professor, Straus Institute for Conflict Resolution at Pepperdine School of Law; William Mitchell Law School; Institute for Continuing Legal Education University of Michigan; Adjunct Professor, Lipscomb University Institute for Conflict Management; Michigan Judicial Institute; Various national, state and local Bar Associations, Dispute Resolution Centers and professional organizations. Certified Lead Mediation Trainer, State of Michigan. Mediator/Arbitrator, CPR International Institute for Conflict Prevention and Resolution; American Arbitration Association, including complex litigation, commercial and technology panels; Financial Industry Regulatory Authority (certified to chair complex and employment cases); American Health Lawyers Association; World Intellectual Property Organization (Geneva); International Chamber of Commerce (Paris). Mediator, Wayne, Oakland and various County Circuit and District Courts throughout Michigan. Mediator/Arbitrator, Multi-Party/Mass Claims/Class Action Disputes (employment, securities and insurance).

2 MEDIATOR/ARBITRATOR TRAINING AND CERTIFICATION Multiple years and ongoing training, including but not limited to various formal programs at Wayne State University Law School and Business School, Pepperdine School of Law, Harvard Law School, Financial Industry Regulatory Authority (f/k/a NASD), International Academy of Mediators, International Technology Association of America, American Arbitration Association and the Institute for Continuing Legal Education University of Michigan (civil and domestic/family law). Sample Negotiation/ Litigation/ADR Case Summaries ü International business and/or cultural conflict resolution. ü Employee/employer disputes (discrimination, sexual harassment, covenants not to compete, separation from service, executive compensation, including mass claims). ü Securities Disputes (including mass claims). ü Insurance Fraud (including mass claims). ü Insurance Coverage ü Real estate, (residential and commercial, landlord/tenant, environmental, financing, foreclosures, bankruptcy). ü Health Care. ü Business separations and break-ups; withdrawing shareholder disputes. ü Bankruptcy and liquidations. ü Intellectual property and technology. ü Licensing and franchising. ü Estate/ Will/ Trust and Domestic/Family Law contests (pretermitted heirs, wrongful death, lack of capacity, asset misappropriation, fiduciary accountability, wrongful death, undue influence, kidnapping, interstate proceedings, asset division, breach of fiduciary duty, division of marital and retirement assets, etc.). ü Medical malpractice/personal injury. ü Auto negligence/insurance benefits. ü Long range strategic business, financial, transactional and succession planning. ü Strategic alliance negotiations and dispute resolution. PROFESSIONAL RECOGNITIONS * Recipient, Distinguished Service Award, State Bar of Michigan, ADR Section, September, * Listed in The Best Lawyers in America in ADR, Editions 2005 to present. * President, International Academy of Mediators, * Co-Chair, Mediation Committee American Bar Association Dispute Resolution Section * Recipient of the President s Award, International Academy of Mediators, November,

3 * Co-author of 40 Hour Basic Mediation Training which received the ACLEA 2002 and 2008 Award for Best Program. * Director, Financial and Estate Planning Council of Detroit, 1993 to * President, Financial and Estate Planning Council of Detroit, 1995 to * Fellow, Michigan State Bar Foundation 1992 to Present. * Chairman, Taxation Section, Detroit Bar Association, 1989 to * Dean, Metropolitan Detroit Alumni Senate of Delta Theta Phi, 1988 to * Director, Southfield Community Foundation, 1998 PROFESSIONAL ASSOCIATIONS Distinguished Fellow, International Academy of Mediators. Member, State of Michigan Supreme Court Administrator s Office, Task Force for ADR Rules and Training. Member, ADR Advisory Task Force, Institute of Continuing Legal Education University of Michigan. Member, American Bar Association Dispute Resolution Section Member, State Bar of Michigan, Oakland County Bar Association and Detroit Bar Association and various sections including ADR, Tax, Technology/Communications, Business Law and Probate. Member, Michigan Council for Family and Divorce Mediation. Member, Financial and Estate Planning Council of Metropolitan Detroit. Member Delta Theta Phi Law Fraternity, 1978 to present. Lectures and Faculty Appointments Faculty, University of Idaho College of Law, Boise Idaho, May 2009 Advanced Mediation Skills for Mediators: Enhancing your Settlement Performance.. Speaker, Institute for Continuing Legal Education, Advanced Negotiation and Dispute Resolution Institute, Plymouth, Michigan, March, 2009 Confidentiality: What Can We Promise? Speaker, Institute for Continuing Legal Education, Advanced Negotiation and Dispute Resolution Institute, Plymouth, Michigan, March, 2009 March, 2008 Caucus Strategies for Mediators and Advocates. Faculty, Dispute Resolution Center, Traverse City, Michigan, September, 2008 Negotiations, Strategies and Coaching in Commercial Mediation. Speaker, State Bar of Michigan Annual Meeting, Dearborn, Michigan, September, 2008 Mediation in Labor and Employment Matters. Adjunct Professor, Pepperdine University School of Law, Annual Professional Skills Program, June, present (Malibu and Vermont) 3

4 Specialized Mediation: Handling Difficult Employment, Medical Malpractice and Personal Injury Issues. Adjunct Professor, Lipscomb University, Institute for Conflict Management Masters in Dispute Resolution Program, Mediation Model and Mediator Training May 2007 to Present Mediating Complex Commercial Cases July 2007 to Present Mediating in the Healthcare Industry October 2006 Judicial Mediation Training, April 2008 to Present Speaker, Oregon State Bar Association, Portland, Oregon, October, 2007 Mediation Advocacy - Do s and Don ts. Speaker, ABA DR Section Annual Meeting, New York City, New York Settling Employment Cases with More than Money. Speaker, American Bar Association Dispute Resolution Section Annual Meeting, Washington D.C. April 2007; and Institute for Continuing Education Advanced Negotiation and Dispute Resolution Institute, Plymouth, Michigan March 2007 In Praise of the Joint Session: Effective Advocacy, Mediating and Enhancing Results. Moderator, American Bar Association Annual Meeting, Chicago, Illinois, August, 2005 An Insider s Guide to Representing Clients in Mediation: What Works (and What Doesn t). Moderator, Institute for Continuing Legal Education, Annual Advanced Mediation Program, Troy and Plymouth, Michigan, 2005 to present Advanced Skills for Experienced Mediators. Speaker, American Bar Association, Section of Litigation Insurance Coverage Committee, March, 2005 Ethical Mediation Advocacy in Insurance Coverage Litigation. Faculty, Southern California Mediation Association, Annual Conference, November, 2004 Improving Caucus Skills. Faculty, American Bar Association, Advanced Mediation Advocacy, Chicago, Illinois, October, 2004 Preparing for and Avoiding Impasse in Mediation. Faculty, International Chamber of Commerce, Sao Paulo, Brazil, March, 2004 International Commercial Mediation: Strategies and Solutions for Businesses and their Lawyers. Faculty, American Arbitration Association, January and November, 2004 Working With Pro Se Parties in Mediation. Faculty, Michigan Judicial Institute/Michigan State Court Administrative Office, Lansing, Michigan, January, 2004 Applying ADR to Early Intervention and Case Management in the Court System. 4

5 Faculty, Oakland County Mediation Center, October, 2003 Advanced Mediation Skills: Beyond the Basics. Speaker, Advanced Mediation, Oakland County Mediation Center, October, 2003 Ten Things Mediators Hate to Hear and What to Do About Them. Speaker, The Master s Forum, Straus Institute for Conflict Resolution, Pepperdine School of Law, October, 2003 Global Perspectives and Global Opportunities in Mediation. Speaker, American Bar Association Dispute Resolution Section, International Dispute Resolution Conference, September, 2003 Cross Cultural Mediation Processes. Faculty, The Institute for International Mediation and Conflict Resolution, The Hague, The Netherlands (Summer, 2003) Negotiation and Mediation in International Conflict. Faculty, Instituto Carlo Amore, Milan, Italy (Spring, 2003 and 2004) Advanced Mediation and Conflict Resolution Skills. Faculty, Naples, Italy Mediation Association (Spring, 2003) Advanced Mediation Techniques in Commercial Cases. Faculty/Moderator, Second Annual Advanced Negotiation and Dispute Resolution Institute, March, 2003 Complex Cases in Mediation. Faculty/Moderator, Institute of Continuing Legal Education, Advanced Mediation Training, February, 2003 In the Trenches. Faculty Instructor and Author, Institute of Continuing Legal Education, Training Program for Court Appointed Mediators in Michigan (40 hours); ACLEA Best CLE Program Award, 2002 Speaker, American Bar Association Dispute Resolution Section, Annual Conferences April, 2001 and April, 2002 Masters in Mediation: Breaking Impasse Parts 1 and 2. Speaker, Advanced Negotiation and Dispute Resolution Institute, March, 2002 Rambo Litigators. Speaker, Pepperdine School of Law and the Straus Institute, The Masters Forum, March, 2002 Breaking Impasse. The Role of Forgiveness in Mediation. Speaker, International Academy of Mediators, November, 2001 Corporate America uses Mediation: The Inside View. Speaker, Oakland County Bar Association. ADR Advocacy, A Collaborative and Creative Approach. Winter, 2001 Speaker, American Bar Association Employment Litigation Section, December,

6 ADR in Employment Litigation Under the New Court Rules. Faculty, Traverse City/County Bar Association Mediation Training, November, 2000; August, 2002 Masters in Mediation: Breaking Impasse. Speaker, International Academy of Mediators, May, 2000, Las Vegas, Nevada The Business of Mass Claim Litigation and ADR. Speaker, Institute for Continuing Legal Education, Fall, ADR and Mediation in Real Estate Disputes. Instructor, William Mitchell College of Law, Minneapolis, Minnesota, Fall, Y2K A Primer for Mediators. Speaker, International Academy of Mediators Semi-Annual Conference, April, Y2K and Effective Application of ADR. Speaker, State Bar of Michigan ADR & Computer Law Section Seminar, April, ADR and Y2K. Speaker, State Bar of Michigan Annual Conference, September, ADR: What s In It for You. Faculty, Institute for Continuing Legal Education, February, 1998, 1999, Purchase and Sale of Residential Real Estate. Speaker, State Bar of Michigan Annual Conference, September, Residential Real Estate Closings. Speaker, Independent Accountants Association of Michigan, November, Employee Fringe Benefits. Speaker, State Bar of Michigan Annual Probate Conference, May, Problems with Trustees. Speaker, Institute for Continuing Legal Education, February, Joint Property and Retirement Benefit Transfers in Estate Planning. Speaker, Institute for Continuing Legal Education, February, Drafting and Analysis of Revocable Trusts. Speaker, Plante and Moran, May 1994, Probate, Trust and Estate Analysis and Administration. Faculty, University of Arkansas, School of Law, 1980 to Instructor, Wayne State University School of Law, 1979 to Faculty, University of Michigan, Ann Arbor, Michigan, 1974 to Publications 6

7 Author, Michigan Business Law Journal, Fall, 2008 It s About Time Real Time Conflict Solutions Are Here. Author, Book Review, State of Michigan ADR Newsletter and ABA Dispute Resolution Magazine, Spring/Summer, 2005 Ripples from Peace Lake: Essays for Mediators and Peacemakers. Author, The Probate and Trust Journal, Summer, 2002; and Laches, June 2002 Caucus and Shuttle Diplomacy in Mediation. Author, Laches, September, 2001 Millennium Mediation in Michigan: Selecting, Engaging and Preparing the Mediator. Author, Michigan Basic Practice Handbook, Institute of Continuing Legal Education, January, 2001, 2007 ADR Practices for the Lawyers. Author, Connections July, 2000 Alternative Dispute Resolution Arrives in Michigan (two part series). Author, Michigan Residential Real Estate Transactions, Institute for Continuing Legal Education, May, 2000, Author, Laches, February, 1999 ADR: What s In It for Lawyers. Author, Michigan Probate and Trust Journal, Summer, 1998 Momma Always Loved You Best: ADR in Estate Settlement. EDUCATION AND LICENSES L.L.M. Taxation, Wayne State University School of Law, J.D. cum laude, Wayne State University School of Law, B.A., High Honors, University of Michigan, Bar and Court Admissions: Michigan, United States Supreme Court, U.S. Tax Court, U.S. Federal District Court (Eastern District). COMMUNITY SERVICE 7

8 v Director/Member, The Salvation Army Planned Giving Committee, 1996 to