“As parties increasingly rely on various forms of alternative dispute resolution to resolve conflict, the diversity of arbitrators and mediators is essential not only to reflect today’s labor force accurately, but also to provide more credibility to the process. By having an arbitrator or mediator with a different perspective or experience, space is created for innovative problem-solving that might not be otherwise possible.”
I am a full-time, independent arbitrator and mediator with almost 25 years experience resolving labor and employment disputes. As an arbitrator, I provide a fair process that satisfies the needs of the parties and results in a reasoned, just, and practical decision. Whether using a facilitative, evaluative, or transformative approach to mediation, my services are designed to resolve disputes quickly, efficiently, and economically. My goal is to help the parties improve communication and understanding, and turn challenges into opportunities for growth, innovation, and change.
With an ADR practice focused on labor and employment disputes, I have handled a wide variety of issues, including the following: absenteeism, affirmative action, appointment, arbitrability, bargaining unit work, benefits, bumping, bypass, contract interpretation, details, discharge, discipline, discrimination, drug/alcohol, elections, evaluation, health/safety, job performance, layoff, management rights, past practice, promotion, protected activity, recall, representation, retirement, seniority, sexual harassment, strike, tenure, transfer, unilateral change, wages, and working conditions.
ARBITRATION
Parties who have exhausted settlement efforts may proceed to arbitration with the expectation and knowledge that I, as the arbitrator, will resolve their dispute fairly, independently, and without bias or conflict of interest. Since a petition for arbitration usually contains few details, it is critical that the arbitrator have a solid foundation in the law and an understanding of the parties’ industry. Given my extensive experience in the labor and employment field, I have a proven ability to process what is being heard, ask appropriate questions, evaluate the evidence, rule on objections, and apply the facts to the contract and any applicable laws.
MEDIATION
Since no two mediations are exactly alike, my mediation style is flexible and fluid. Depending on the issues and the needs of the parties, I use various mediation techniques that allow parties to identify interests, clarify priorities, eliminate misunderstandings, reduce negative emotions, express empathy, and find common ground—all with the goal of reaching a mutually agreeable settlement. Whether in group session or individual caucus, I work hard to build trust and rapport with the parties, while maintaining my neutrality. I am also sensitive to the fact that parties often have ongoing labor relations, and the present dispute might be part of a larger issue. One of the advantages of mediation is that the parties are able to discuss issues that are beyond the scope of an original grievance. A negotiated settlement not only has the potential to resolve the present dispute, but also strengthen the parties’ relationship going forward in ways that are not possible with litigation.
PRESENTATIONS / TRAININGS
Recent Presentations:
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“Employee Ownership and Labor Management Relations," Labor and Employment Law Conference, Newport RI (November 2023) (CLE Program Moderator)
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"So Happy Together: The Care and Feeding of Healthy Collective Bargaining Relationships,” New England Consortium of State Labor Relations Agencies, Albany, NY (June 2019) (CLE Program Moderator)
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“Mediation Practice Tips,” Annual Workshop for Labor Relations Specialists, Cambridge, MA (May 2018) (CLE Program Panelist)
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“Mediation in the Adjudicatory Context,” New England Consortium of State Labor Relations Agencies, Amherst, MA (April 2017) (CLE Program Panelist)
Recent Trainings:
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Labor and Employment Law Conference, Newport RI (November 2023)
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Labor and Employment Law Conference, University of Rhode Island (April 2021)
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Ethical Issues for Arbitrators in the Age of Videoconferencing, National Academy of Arbitrators (March 2021)
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Labor Arbitration Conference, University of Rhode Island (November 2020)
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Labor Arbitrator 2, American Arbitration Association (June 2020)
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Labor Arbitrator 1, American Arbitration Association (December 2019)
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Mediation Training, Massachusetts Department of Labor Relations (August 2019)
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Fuchs Labor Law Conference, Suffolk University Law School (January 2019)
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Labor Arbitration Conference, University of Rhode Island (November 2018)
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Labor Conference, Association of Labor Relations Agencies (July 2018)
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Higginbotham Fellowship Training, American Arbitration Association (May 2018)
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Labor Law & Labor Arbitration Conference, Labor Arbitration Institute (May 2018)
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Workshop for Public Sector Labor Relations Specialists, Harvard Law School (May 2018)
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Fuchs Labor Law Conference, Suffolk University Law School (October 2017)
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Labor Law & Labor Arbitration Conference, Labor Arbitration Institute (May 2017)
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Workshop for Public Sector Labor Relations Specialists, Harvard Law School (May 2017)
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New England Consortium of State Labor Relations Agencies, University of Massachusetts at Amherst (April 2017)
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Workshop for Public Sector Labor Relations Specialists, Harvard Law School (May 2016)
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Hearing Officer Training, Massachusetts Department of Labor Relations (April 2016)
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Advanced Mediation Training, Mediation Works, Inc. (January 2016)
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Mediation Training, Mediation Works, Inc. (November 2015)
PUBLICATIONS
Select Public Decisions:
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Commonwealth of Massachusetts/Department of Mental Health and Massachusetts Nurses Association, SUP-16-5643, Hearing Officer Decision (November 2019)
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Massachusetts Convention Center Authority and National Conference of Firemen & Oilers, Local 3, SEIU, SUP-18-6743, Hearing Officer Decision (October 2019)
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Town of Longmeadow and Longmeadow Association of Municipal Employees, ARB-18-6909, Arbitration Award (September 2019)
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Massachusetts Correction Officers Federated Union and Brian Jansen, ASF-16-5586, ASF-18-6576, Hearing Officer Decision (August 2018)
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Commonwealth of Massachusetts/ Department of Children & Families and SEIU, Local 509, SUP-17-5896, Hearing Officer Decision (August 2018)
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City of Boston and AFSCME Council 93, MUP-16-5525, Hearing Officer Decision (May 2018)
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City of Taunton and Massachusetts Laborers’ District Council, ARB-17-5744, Arbitration Award (November 2017)
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Town of Athol and Service Employees International Union, Local 888, ARB-17-5830, Arbitration Award (October 2017)
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Board of Higher Education/Massasoit Community College and AFSCME Council 93, AFL-CIO, SUP-14-4030, Hearing Officer Decision (September 2016)
BIOGRAPHY
Prior to being an independent arbitrator and mediator, I served as a hearing officer at the Massachusetts Department of Labor Relations, where I arbitrated, mediated, investigated, and adjudicated labor disputes between employers, unions, and employees. Additionally, as a labor and employment attorney at the Boston law firm Nutter, McClennen & Fish and at the Massachusetts Teachers Association, I represented employers, unions, and individuals in mediation, arbitration, and all phases of administrative and court litigation, including before the Appeals Court and Supreme Judicial Court. I regularly provided trainings and wrote legal advisories on various aspects of labor, employment, and collective bargaining law.
Professional Licenses:
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Admitted to the Bar, Commonwealth of Massachusetts
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Certification in Mediation, Commonwealth of Massachusetts
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Teaching License, Commonwealth of Massachusetts
Professional Associations:
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American Arbitration Association, Labor Panelist
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The Labor Relations Connection, Panelist
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MA Dept of Labor Relations, Advisory Council, Neutral Member
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Labor Employment Relations Association, Member
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American Bar Association, Labor & Employment Section, Member
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Boston Bar Association, Labor & Employment Section, Member
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Massachusetts Black Lawyers Association, Member
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Mediation Works Incorporation, Volunteer Mediator
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United States Tennis Association, Member
Education:
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Harvard Law School, Cambridge, MA, Juris Doctorate
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University of Massachusetts at Amherst, Amherst, MA, Master of Arts
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Tufts University, Medford, MA, Bachelor of Arts
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Boston Latin School, Boston, MA, H.S. Diploma
CONTACT
ADR Office of Will Evans, Esq.
P.O. Box 67 | Winchester, MA 01890
Mobile: (857) 222-9001