mtravis@travisadr.com

About

Mark Travis represented public and private sector organizations in employment litigation, labor relations, administrative proceedings and civil rights disputes for 25 years before becoming a full-time neutral. He received his law degree from the University of Louisville and holds a Master of Laws in Dispute Resolution from the Straus Institute for Dispute Resolution at the Pepperdine University School of Law, where he also teaches employment dispute resolution.

After leaving the active practice of law in 2008, Mark served as Director of the Tennessee Labor-Management Center through which he provided a variety of education, training and services in workplace dispute resolution. Mark’s ADR practice is concentrated exclusively as a mediator, arbitrator, and neutral fact-finder in all areas of employment law, labor relations, and civil rights.

Mark currently serves on panels for the American Arbitration Association, the Federal Mediation and Conciliation Service, the Equal Employment Opportunity Commission, the Nuclear Regulatory Commission, the National Mediation Board, and the Financial Industry Regulatory Authority. He holds an advanced certificate in Workplace ADR from the Cornell University School of Industrial and Labor Relations. A founding member of the Tennessee Association of Professional Mediators, Mark is a member of the National Academy of Distinguished Neutrals, is listed on the Employment Panel of CPR’s Panel of Distinguished Neutrals, and is a certified mediator with the International Mediation Institute. In 2013, Mark was elected as a Distinguished Fellow in the International Academy of Mediators, and is “AV” rated by Martindale Hubbell.

Panel Appointments

  • Listed General Civil Mediator, Tennessee Supreme Court
  • Panel Mediator, United States District Court, Eastern District of Tennessee; United States District Court, Middle District of Tennessee; United States District Court, Western District of Tennessee
  • Roster of Neutrals, Scheinman Institute on Conflict Resolution, Cornell University School of Industrial and Labor Relations
  • Roster Mediator, Financial Industry Regulatory Authority
  • Roster Arbitrator, Financial Industry Regulatory Authority
  • Panel of Arbitrators and Mediators, National Arbitration Forum
  • Panel of Distinguished Neutrals, Employment Panel, International Institute of Conflict Prevention and Resolution
  • Arbitrator, Commercial/Employment Panel, American Arbitration Association
  • Arbitrator, Labor Panel, American Arbitration Association
  • Mediation Panel, American Arbitration Association
  • Contract Mediator, U.S. Equal Employment Opportunity Commission
  • Certified Mediator, International Mediation Institute
  • Administrative Law Judge, Office of Federal Operations, U.S. Equal Employment Opportunity Commission
  • Roster of Labor Arbitrators, Federal Mediation and Conciliation Service
  • National Panel of Mediators/Arbitrators, Resolute Systems
  • Roster of Arbitrators, National Mediation Board
  • Hearing Officer, Administrative Office of the United States Courts
  • General Civil Mediator, Kentucky Court of Justice
  • Roster of Neutrals, American Health Lawyers Association
  • Certified EEO Investigator, U.S. Equal Employment Opportunity Commission
  • Arbitrator Panel, U.S. Virgin Islands, Public Employee Relations Board

 

 

Publications

In addition to teaching and working in the field of ADR, Mark has written extensively on a variety of subjects relevant to the field. Regardless of whether one serves as an advocate, party or neutral, the following materials provide practical and useful information on the utilization of ADR in employment law and labor relations.

Publications and Speaking

Books and Articles

  • Tennessee Workers’ Compensation Handbook, M. Lee Smith Publishers (1st ed. 2001; 2nd ed. 2002; 3rd ed. 2005)
  • Workplace Investigations by Outside Counsel: What Do You Have to Lose?; Nashville Bar Journal, Nashville Bar Association (February, 2016)
  • Tennessee Federal District Court Update; Tennessee Bar Association, Labor and Employment Law Section Newsletter (March, 2015)
  • Tennessee’s “T.E.A.M.” Act: A New Day in Public Sector Employment Law; Tennessee Bar Journal, Tennessee Bar Association, Vol. 48, No. 10 (October, 2012)
  • A Change in Focus: Mediation of Claims under the ADA Amendments Act; Dispute Resolution Magazine, American Bar Association, Vol. 18, No. 3 (April, 2012)
  • Mandatory Employment Arbitration Plans – Are They Right for Your Client? Tennessee Bar Association, Labor and Employment Law Section Newsletter (October, 2011)
  • A Snapshot of ADA Amendments Act and Its Effect on Future Cases; Tennessee Bar Association, Labor and Employment Law Section Newsletter (September, 2011) 
  • A New Direction: Amendments Put Americans with Disabilities Act Back on Path of Tackling Discrimination; Tennessee Bar Journal, Tennessee Bar Association, Vol. 47, No. 6 (June, 2011)
  • The Top Ten Things You Need to Ask Yourself Before Going to Mediation; DICTA, Knoxville Bar Association (December, 2010)
  • Workers’ Comp Issues in the Unionized Workplace: Traps for the Unwary; Tennessee Workers’ Comp Reporter, Vol. 11, No. 6 (June, 2010); Tennessee Workers’ Comp Service, Vol. 14, No. 5 (May, 2010)
  • Have a Smart Strategy: Successful Mediations of Employment Litigation; Tennessee Bar Journal, Tennessee Bar Association, Vol. 46, No. 5 (May, 2010)

Presentations

  • “Mediation and Arbitration in Federal Practice”, Tennessee Bar Association, Federal Practice Section Annual Forum; July 2016
  • “Psychological Barriers to Settlement in Employment Mediation”, Tennessee Bar Association, Labor and Employment Section Annual Forum; April, 2014
  • “The Top Ten Keys to Mediation Success – and its Failure”, University of Tennessee College of Law; October, 2013
  • “A Road Less-Traveled: Implementation and Administration of State Government Employment Mediation Programs”, American Bar Association, 15th Annual Dispute Resolution Conference; April, 2013
  • “Where Are We Now? Employment Arbitration Post-Concepcion”, Tennessee Bar Association, Labor and Employment Law Section Annual Forum; April, 2013
  • “Effectively Mediating Employment Disputes”, Tennessee Human Rights Commission, Employment Law Seminar; March, 2013
  • “Employment Law: 2011 Year-In-Review”, Tennessee Bar Association; March, 2012
  • “Special Considerations in Employment Mediation Advocacy”, Tennessee Bar Association; March, 2012
  • Negotiation, Mediation, and Resolution of Cases under the New ADA”, Tennessee Bar Association; April, 2011
  • “Employment Arbitration Agreements: Evaluating Enforceability and Navigating the Arbitration Process”, Tennessee Bar Association; April, 2011
  • “The Top 10 Pitfalls to Success in Collective Bargaining”, Tennessee School Boards’ Association, Negotiator’s Workshop; August, 2010
  • “Fact-Finding as a Dispute Resolution Tool”, Wyoming Mediation Program; December, 2009
  • “Alternative Dispute Resolution: Novel Mediation Issues”, EEOC Training Institute; August, 2009
  • “Analyzing Your Case for Arbitration”, International Brotherhood of Electrical Workers – Broadcasting, Telecommunications, and Manufacturing Conference; June, 2009
  • “New Approaches to Dispute Resolution: Mediation and Arbitration Strategies for Neutrals and Advocates”, Tennessee Bar Association; April, 2009
  • “Special Topics in Arbitration: Understanding Past Practice”, Tennessee Labor-Management Conference; March, 2009
  • “Creative Ways to Resolve Discrimination Claims from an Experienced Advocate-Mediator’s Perspective”, Tennessee Human Rights Commission, Employment Discrimination Law Conference; March, 2009
  • “Using Past Practice to Support Your Case in Arbitration”, Tennessee Labor-Management Conference; March, 2007
  • “Grievance Mediation: An Alternative to Arbitration”, Tennessee Labor-Management Conference; March, 2006

Activities & Academics

Professional Memberships

  • Tennessee Bar Association (Practice Sections: Labor and Employment Law; Dispute Resolution, Chair 2008-2009)
  • American Bar Association (Practice Sections: Labor and Employment Law; Dispute Resolution)
  • Member, Wyoming Bar Association
  • Tennessee Association of Professional Mediators
  • Labor and Employment Relations Association
  • Society of Federal Labor and Employment Relations Professionals
  • Association of Workplace Investigators
  • National Academy of Distinguished Neutrals
  • Distinguished Fellow, International Academy of Mediators

Academic Positions

  • Adjunct Professor; Conflict Management and Negotiation, Labor and Employment Law; Tennessee Technological University
  • Adjunct Professor; Employment Dispute Resolution; Selected Issues in Dispute Resolution: Labor Disputes; Straus Institute for Dispute Resolution, Pepperdine University School of Law
  • Adjunct Professor; Administrative Law in Employment Practice; John Marshall Law School
  • Adjunct Professor; Dispute Resolution Systems; University of Tennessee College of Law
  • Resolute Systems, LLC - Mediation, Arbitration & ADR Consulting

Read Mark Travis's Full Resume