My passion is resolving workplace disputes through arbitration or mediation. It's that simple.
Arbitration: I conduct an orderly hearing, allow the parties’ representatives to try their own cases, write clear decisions, and get decisions out on time.
Mediation: I press hard for a settlement without being bossy.
Remote hearings: I have a Zoom Pro Level account, and am available for remote hearings and conferences as well as in-person hearings. See Protocol for Remote Hearings.
Arbitration Experience
40 years experience arbitrating (mainly labor & employment cases) in Alaska, California, Colorado, Montana, Idaho, Washington, Oregon, and Nevada.
Hundreds of cases covering the gamut of issues.
Private sector and public sector.
Serving on 15 permanent panels that include lumber, paper, maritime, police, fire, municipal. [Permanent panel list]
Mediation Experience
30 years experience mediating.
Employee termination, disability discrimination, sexual harassment, employee benefits, personal injury, business contracts.
Two-party cases; multi-party cases.
Private cases; court-annexed cases.
Law Practice
Oregon State Bar member (inactive). Admitted to practice law in all state and federal courts in Oregon, Ninth Circuit, and United States Supreme Court.
I have tried cases in Washington and Oregon trial courts and Oregon federal district court.
I have argued cases in the Washington Supreme Court (one win), the Ninth Circuit (one win, some losses), and the United States Supreme Court (one loss).
In Seattle my practice focus was admiralty law.
In Oregon my practice focus was civil rights and habeas corpus, with a bit of personal injury.
Teaching
Teaching is a great way to gain knowledge. My focus:
Employment law
Employment discrimination
Labor law
Contracts
Commercial law (UCC)
Arbitration
Negotiation
Dispute resolution
Writing
Created LawMemo and its primary publication Employment Law Memo, which reaches thousands of employment law practitioners (mostly lawyers) nation-wide.
Spent 15 years reading and summarizing thousands of employment law court decisions from all federal and state appellate courts.
Compulsive blogger on Employment law, Labor law, and Arbitration. [Blog]
Writer-analyst on employment law cases for SCOTUSblog.
Opinion analysis: Title VII defendants can recover attorney’s fees without prevailing “on the merits”
Opinion analysis: Knox knocks unions on mid-year assessment for non-members
Quick History
Full-time arbitrator & mediator.
Arbitrator for 40 years.
Mediator for 30 years.
Editor - Employment Law Memo 1998-2013, 2018-2020.
Law professor - Willamette University College of Law 1969-1999, 2005-2010.
Law professor - Lewis & Clark Law School 1967-1969.
Law practice - Riddell Williams [now Fox Rothschild], Seattle 1966-1967.
Teaching Fellow - Stanford Law School 1965-1966.
Law degree - University of Washington 1965.
Law Review associate editor.
Order of the Coif.
Bachelor's degree, Psychology - University of Washington 1961.
Other
Current:
Member, Oregon State Bar (inactive).
Labor and Employment Law Seaction
ADR Section
Past:
Chair, Oregon State Bar Labor & Employment Law Section Executive Committee.
Director, Willamette University Center for Dispute Resolution.
Vice Chair, Oregon Dispute Resolution Commission.
Chair and Director, Federal Reserve Bank of San Francisco Portland Branch.
Chair, governing board of First Congregational Church.
Chief Fundraiser, Restore a Portland Landmark campaign.
Chair, Salem, Oregon Downtown Development Board.
Dispute Resolution Advisory Committee, Oregon Dispute Resolution Commission.
