FN-2733267 MN-2733267 LN-2733267, Esq.
Madison, Wisconsin
Carne Dispute Resolution LLC - Private Arbitrator, Mediator, Hearing Officer
Owner, Carne Dispute Resolution LLC, 2012 - Present; Adjunct Professor, University of Wisconsin Law School, 2016 - 2020; Arbitrator, Mediator, Administrative Law Judge, Wisconsin Employment Relations Commission, 2006 - 2013, 2015 – 2018; Chief Legal Counsel / Deputy Director, Wisconsin Office of State Employment Relations, 2013-2015; Attorney, Hawks, Quindel, Ehlke & Perry, SC, 2003-2006.
Licensed Attorney since 2003. Resolving disputes continuously since 2006. Serving as Arbitrator, Mediator, and Hearing Officer in wide variety of cases, including full-range of private- and public-sector workplace disputes (e.g., matters related to fair employment, ERISA plans, disciplines and discharges, wage and hour disputes, individual employment contracts, collective bargaining interest and rights disputes, internal disputes, organizational change and process enhancement, etc.); commercial disputes (real estate transactions; commercial entity sales and mergers; etc.); family law disputes (custody and placement / property division); special education disputes (eligibility; placement; IEP development; IEP implementation). See ADR Experience section for listing of currently active panel admissions.
Adjunct professor at University of Wisconsin Law School (2016 to Present), teaching courses in Arbitration and Mediation / Labor and Employment law. Also taught graduate-level labor relations course as an adjunct at the University of Wisconsin—Oshkosh (2014).
Also specialized in labor and employment law in previous advocacy roles. Represented interests of management (Chief Legal Counsel / Deputy Director, 2013 through 2015) and labor unions and employees (Attorney, 2003 through 2006).
Types of Issues as a neutral: Asset Purchase / Business Sale / Escrow; Domestic Relations / Family Law; Employee Benefits; Employment (all areas); ERISA; General Business; Labor (all areas); Native American Tribes; Pension (all areas); Securities; Wills & Trusts; Education (all levels); Local, State, and Federal Government.
Industry Experience: Education; Energy -- Alternative, Coal, Electric, Natural Gas, Oil; Entertainment / Media / Publishing; Financial Services; Healthcare; Insurance; Pharmaceutical / Medial Devices / Biotechnology; Steel / Metals; Technology; Telecommunications / Wireless / Cable / Satellite; Transportation; Electrical Equipment / Appliances; Information Technology; Logistic; Office / Clerical; Utilities.
Adjunct professor at University of Wisconsin Law School (2016 to Present), teaching courses in Arbitration and Mediation / Labor and Employment law. Also taught graduate-level labor relations course as an adjunct at the University of Wisconsin—Oshkosh (2014).
Also specialized in labor and employment law in previous advocacy roles. Represented interests of management (Chief Legal Counsel / Deputy Director, 2013 through 2015) and labor unions and employees (Attorney, 2003 through 2006).
Types of Issues as a neutral: Asset Purchase / Business Sale / Escrow; Domestic Relations / Family Law; Employee Benefits; Employment (all areas); ERISA; General Business; Labor (all areas); Native American Tribes; Pension (all areas); Securities; Wills & Trusts; Education (all levels); Local, State, and Federal Government.
Industry Experience: Education; Energy -- Alternative, Coal, Electric, Natural Gas, Oil; Entertainment / Media / Publishing; Financial Services; Healthcare; Insurance; Pharmaceutical / Medial Devices / Biotechnology; Steel / Metals; Technology; Telecommunications / Wireless / Cable / Satellite; Transportation; Electrical Equipment / Appliances; Information Technology; Logistic; Office / Clerical; Utilities.
Mediating since 2003, primarily focusing on employment and labor disputes. Mediation experience includes a broad range of disputes and issues involving private- and public-sector employers and employees.
Back-pay and front-pay; separation / release agreements and compensation; classification systems; confidentiality provisions agreements; continuing education programs; child custody / placement disputes; disciplinary procedures; disciplinary grievances; discrimination claims; divorce; dues checkoff; dues deduction provisions; duty of fair representation disputes; disputes regarding the obligation to provide information; employee monitoring technology policies; ERISA plan benefits and claims; furlough requirements; grievance and arbitration procedures; health and wellness; programs; hiring practices; hours of work; incentive pay; insurance benefits / contributions; job posting procedures; jurisdictional disputes; marital property division; bargaining unit disputes; layoff procedures; leave benefits; longevity schemes; management rights clauses; overtime pay; pension plans; contributions; resignation; reference agreements; salary schedules; scheduling systems; seniority systems; shift differentials; subcontracting policies; vacation; sick; funeral; holiday; personal leave benefits; salary schedules; unemployment compensation benefits; unit clarification disputes; wage issues; work assignments; working hours; wrongful discharge; tenant and landlord eviction cases.
Mediation is a complex, dynamic process difficult to capture in writing, but the following observations reflect some of my experience, views, and approach.
A mediator’s role is to create space and time for disputing parties to identify and evaluate priorities. Active, evaluative participation by a mediator can facilitate priority assessment, and careful listening often reveals to the mediator opportunities for position compromise and alignment. A mediator may need to re-frame and filter expressed concerns, limitations, and demands, to protect the negotiations and keep the conversation moving forward.
Part of a mediator’s skill is in recognizing the usefulness of certain arrangements, such as joint and separate caucuses, and the need to adjourn and reconvene meetings. A mediator recognizes that the path to resolution may require not only identification of practical solutions, but also an opportunity for therapeutic expression. A mediator allows time for these necessary functions to occur, while guarding against non-productivity and maintaining focus on the goal of resolution.
A mediator understands the importance of pacing. A mediator understands when to intervene and when to step back. A mediator recognizes that verbal and non-verbal behaviors and interactions have meaning. A mediator is open-minded about how each case unfolds and where it will end; and a mediator resists judging the appropriateness of a resolution, because it is the priorities of the parties and not the inclinations of a mediator that matter. A mediator is absolutely obligated to maintain the confidentiality of the process and the participants.
Depending on the complexities of a case, materials from parties that describe the dispute and identify controlling authority may be helpful. Such information is sometimes provided in the form of briefs specifically prepared for mediation or in the form of briefs previously prepared and filed in the case.
A mediator’s role is to create space and time for disputing parties to identify and evaluate priorities. Active, evaluative participation by a mediator can facilitate priority assessment, and careful listening often reveals to the mediator opportunities for position compromise and alignment. A mediator may need to re-frame and filter expressed concerns, limitations, and demands, to protect the negotiations and keep the conversation moving forward.
Part of a mediator’s skill is in recognizing the usefulness of certain arrangements, such as joint and separate caucuses, and the need to adjourn and reconvene meetings. A mediator recognizes that the path to resolution may require not only identification of practical solutions, but also an opportunity for therapeutic expression. A mediator allows time for these necessary functions to occur, while guarding against non-productivity and maintaining focus on the goal of resolution.
A mediator understands the importance of pacing. A mediator understands when to intervene and when to step back. A mediator recognizes that verbal and non-verbal behaviors and interactions have meaning. A mediator is open-minded about how each case unfolds and where it will end; and a mediator resists judging the appropriateness of a resolution, because it is the priorities of the parties and not the inclinations of a mediator that matter. A mediator is absolutely obligated to maintain the confidentiality of the process and the participants.
Depending on the complexities of a case, materials from parties that describe the dispute and identify controlling authority may be helpful. Such information is sometimes provided in the form of briefs specifically prepared for mediation or in the form of briefs previously prepared and filed in the case.
Highly technologically proficient. Handles approximately 80 percent of hearings and mediations virtually. Carne Dispute Resolution always provides and oversees technical operations. Zoom and Microsoft Teams ready (though other platforms are welcome). The arbitrator will have any pre-supplied exhibits downloaded and ready for electronic sharing during proceedings; parties (or their advocates) may also be given the ability to display documents from their own systems. No passcodes; waiting room always in use; breakout rooms available for party conferences. All documents (e.g., exhibits, briefs, etc.) are all exchanged electronically via email or Dropbox invitations. No paper submissions required. Arbitrator's virtual system consists of three-screen set-up and primary and secondary internet connections for functionality and reliability. Testing sessions are available prior to proceedings. Virtual proceedings do not impinge any necessary ability to draw credibility determinations; facility tours and the like may require in-person proceeding. Matters handled entirely virtually result in no travel costs or fees.
University of Iowa College of Law (JD, conferred with distinction - 2002); Grinnell College (BA-1996).
Admitted to State Bar of Wisconsin (2002).
National Association of Distinguished Neutrals (2022 to present); Wisconsin Association of Mediators (Practitioner Member, 2016 – Present); Inns of Court, James E. Doyle Chapter, 2016 – Present; Conflict Consultants Network (Member, 2016 – Present); National Association of Railroad Referees (Member, 2011 – 2012, 2016 – Present); Labor and Employment Relations Association (Member, 2013 – Present); Wisconsin State Bar (Member, Labor and Employment Law Section, 2003 – Present; Chair, Labor and Employment Law Section, 2011 – 2012; Member, Alternative Dispute Resolution Section, 2011 – Present; Executive Board Member, Alternative Dispute Resolution Section, 2017 - Present); American Bar Association (Member, 2011 – Present; Member, Section of Labor and Employment Law, 2011 – Present; Fellow, Labor and Employment Law Section State and Local Government Bargaining and Employment Law Committee, 2012 – 2013; Member Labor and Employment Law Section State and Local Government Bargaining and Employment Law Committee, 2016 – present; Member Labor and Employment Law Section Committee on Federal Labor Regulations Legislation, 2017 - Present); Association of Labor Relations Agencies (Executive Board Member, 2011 – 2013).
Dane County, Wisconsin
$400 Per Hour
English
United States of America
Madison, WI
The AAA’s Rules provide the AAA with the authority to administer a mediation including, mediator appointment, general oversight and billing. Accordingly, mediations that proceed without AAA administration are not considered AAA mediations, even when the parties select an mediator who is on the AAA’s Roster.
The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.
The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.
