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My approach to Mediation and Arbitration of Employment and Labor disputes
Loretta Attardo presented at Live Webinar:
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News
2010 Superlawyer in the arbitration/mediation category announced in the Nov10 Issue of Boston magazine
Attardo has named to the Boston Law Collaborative Workplace and Employment Dispute Resolution Panel.
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I am a firm believer in
Alternative Dispute Resolution
as an effective and satisfying way
to resolve workplace disputes.
Mediation:
In Mediation I endeavor to tailor my approach to the unique needs of the parties involved in the dispute.
This might mean insisting that a spouse
or family member be present during mediation sessions. In an emotionally charged dispute, it might mean that the parties never meet in joint session
during the mediation. Mediation is often the opportunity for an individual employee
or a manager to be heard concerning the dispute in a manner which is not
permitted in formal litigation.
I encourage the parties to actively participate with their attorneys in the mediator's private caucus sessions, allowing them to understand that, in mediation, the parties have control over the final outcome and an opportunity to creatively fashion a remedy which is meaningful to the party but which might not otherwise be available from a judge, jury or arbitrator.
Arbitration:
In arbitration I am mindful of my obligation to strict neutrality.
Nevertheless, I encourage the parties to utilize the arbitration process in a way
that takes advantage of the various efficiencies available, while still presenting a thorough case to the arbitrator or
panel. In arbitrating statutory claims I am mindful
of the need to maintain all statutory rights and remedies while trying a case in a confidential, private forum. With labor arbitrations, I am well aware that the arbitration takes place in the context of an ongoing relationship between the union and the employer.
Timing is often critical in the success of alternative dispute resolution. I will usually only accept a mediation or arbitration if I am available to arbitrate or mediate the case within thirty to forty five days after the initial contact from the parties.
Credentials:
Loretta T. Attardo is an experienced employment and labor mediator, arbitrator and workplace investigator. She is also a frequent speaker on national employment law panels. For twenty seven years her law practice concentrated in labor and employment matters, representing individual plaintiffs as well as counseling business corporations, and serving as arbitrator or mediator in employment disputes. Since 2006 she has transitioned her practice to concentrate on employment and labor mediations, arbitrations, fact finding investigations and case evaluations.
In 1992 she established her private law practice after more than a dozen years as an attorney in the Legal Departments of the New England Telephone Company, NYNEX Information Resources Company, and at the Boston law firm of Nutter, McClennen and Fish.
She is a member of the Massachusetts Bar Association and the American Bar Association Labor and Employment and Dispute Resolution Sections. She has served as co chair of the ABA Labor Section's CLE Committee, Annual Meeting Co- Chair and Program Co- Chair of the Employee Rights and Responsibilities Committee. She is a member of the American Arbitration Association’s Panels of Arbitrators and Mediators for commercial, labor and employment disputes, the AAA's Northeast Regional Advisory Committee on Employment Dispute Resolution, and past member of the National Employment Lawyers Association. In 1998 she was inducted as a Fellow into the National College of Labor and Employment Lawyers.
Attorney Attardo earned her JD and Masters in Slavic languages and literature at the University of Michigan in Ann Arbor, and her BA, cum laude, from Brandeis University. She maintains offices in Boston and Marblehead, Massachusetts.
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