Pending CLE credit in Kansas and Missouri.
Pending CME credit.
8:30 a.m. • Check-in & Continental Breakfast
9:00 a.m. • Taming the Octopus: What Litigators and Mediators Need to Know to Successfully Mediate the Multi-Party Fair Labor Standards Act Case
Robert J. Hingula, Polsinelli PC, KCMO
Michael A. Hodgson, Employee & Labor Law Group of Kansas City, LLC, Lee’s Summit, MO
Larry R. Rute, Associates in Dispute resolution LLC, Topeka
Fair Labor Standards Act litigation is one of the fastest-growing types of employment litigation in the country. Because of the procedural mechanics and complexity of how the claims and cases progress, settling the modern Fair Labor Standards Act litigation presents a series of unique obstacles for both the parties and the mediator. This panel will discuss and overview of the FLSA and present settlement strategies, terminology and pointers on how to help the parties obtain the best results based on their years of successfully litigating, and mediating FLSA actions. The panel will also discuss common pitfalls that would potentially derail and otherwise successful mediation.
10:15 a.m. • Break
10:30 a.m. • Keeping the Mediation in Mediation: A Multi-Tiered Approach to Joint Sessions
Henry R. Cox, Henry R Cox Attorney at Law, Shawnee
11:20 a.m. • Lunch (provided)
12:00 p.m. • The Humpty Dumpty Remedy: How Restorative Practices CAN Put Young People Back Together Under the New Juvenile Justice Law, SB 367
Ann M. Zimmerman, Eggers & Zimmerman Law & Mediation, Salina
Can youth who fall into the criminal justice system be “put back together”? Restorative Justice helps youth break out of the “school to prison pipeline” and head toward respected status in their community. Restorative practices can be a part of local implementation of the 2016 Juvenile Justice law, SB 367. Restorative practices include victim-offender mediation, circles processes, neighborhood accountability boards and more.
12:50 p.m. • Appellate Mediation in Kansas and Across the Nation
David Aemmer, Chief Circuit Mediator, 10th Circuit Court of Appeals, Denver, CO
Kevin T. Beckwith, Kansas Judicial Center, Topeka
Hon. Dan Biles, Justice, Kansas Supreme Court, Topeka
Hon. G. Joseph Pierron Jr., Judge of the Court of Appeals, Topeka
This presentation will include a description of appellate mediation in the United States, how it is being done in the 10th U.S. Circuit and the pilot program which is presently in progress in the Kansas state appellate courts.
2:05 p.m. • Break
2:20 p.m. • Taking Mediation Seriously: How the Rules of Professional Responsibility Can Keep Attorneys Out of Ethical Hot Water and Lead to Better Results for Clients (Ethics)
Kathy Perkins, Kathy Perkins LLC, Workplace Law and Mediation, Lawrence
Moving from the role of zealous advocate to settlement negotiator can be challenging. This program will examine the ethical rules that impact a litigator’s representation of clients in the context of a mediation or other settlement discussions, specifically focusing on the importance of becoming a competent negotiator, better understanding the client’s interests, and communicating effectively and appropriately with the client, opposing counsel and mediator.
3:10 p.m. • Adjourned
David Aemmer is the Chief Circuit Mediator for the U.S. Court of Appeals for the Tenth Circuit and has headed that court’s mediation program since it began in 1991. He has mediated over 4000 civil appeals and has participated in numerous local and national mediation training programs and symposia. He has also advised state and federal courts on the design of court-connected mediation programs. Dave has taught mediation for the High Court of Karnataka in Bangalore, India, and advised that court in the development of the Bangalore Mediation Centre.
Dave also worked as a circuit mediator with the U.S. Court of Appeals for the Sixth Circuit, where he was involved in the development of that court's mediation program. He left the Sixth Circuit to obtain a masters degree from the Fletcher School of Law and Diplomacy, and then practiced commercial law at a small firm in Cambridge, Massachusetts. After that he was a Research Scholar at the Parker School of Foreign and Comparative Law at Columbia Law School before being hired to establish the Tenth Circuit’s mediation program.
Kevin T. Beckwith is the Chief Counsel to Chief Judge Malone, Kansas Court of Appeals. He received his undergraduate degree in business from Fort Hays State University. Kevin previously worked at Worked at Boeing in Wichita. He earned his law degree from Washburn University School of Law, where he graduated in 1991. Kevin obtained his first position at the Kansas Court of Appeals as a staff attorney in 1992. He worked as a research attorney for Judge Gary Rulon. He was hired as counsel to the chief judge by Chief Judge J. Patrick Brazil. He has retained this positon for Chief Judges Rulon, Greene and now Malone.
Dan Biles was born August 12, 1952, in El Dorado, KS. He became a justice in March 2009, after working in private practice for 24 years in Overland Park, KS. His practice emphasized administrative, trial, and appellate work on behalf of individuals, corporations, and various state, county, and local government agencies. Justice Biles represented the Kansas State Board of Education as its private attorney from 1985 until his appointment to the Supreme Court. He also served for five years as general counsel to the Kansas Turnpike Authority while in private practice.
Admitted to the Kansas Bar in April 1978, he is a graduate of Washburn University School of Law and Kansas State University, where he earned a Bachelor of Science degree in Journalism in 1974. Prior to working in private practice, Justice Biles served five years beginning in 1980 as an Assistant Attorney General, Litigation Division, in the office of Kansas Attorney General Robert T. Stephan. Previously, Justice Biles had been a writer for The Associated Press in Topeka, reporting on state legislative hearings and sessions, the Kansas Supreme Court, Governor's office, state agencies, and various state and federal political campaigns. He also was an adjunct professor of law at Washburn Law School teaching courses in communications law and trial techniques.
Justice Biles currently serves as the Supreme Court's liaison for implementing the judicial branch's electronic case filing system (commonly known as e-filing) within the Kansas appellate and district courts, as well as electronic case and document management systems. This multi-year effort promises to greatly improve court efficiencies across the state and generate cost savings through the electronic processing of court cases, and the reduction of paper files and personnel time.
Among his professional organizations and activities prior to joining the court, Justice Biles was on the board of directors of Community Living Opportunities Inc., a Kansas not-for-profit corporation serving more than 300 children and adults with severe developmental disabilities in residential, day programs and case management. He also served as an advisory board member of the Johnson County Housing Coalition, a Kansas not-for-profit organization providing low cost housing and more affordable homeownership in Johnson County for low-income residents. He is a member of Friends of the Schielfelbusch Life Span Institute, the largest of several research centers at the University of Kansas, whose mission is to improve the quality of life for persons of all ages, primarily those with disabilities. Justice Biles is a past chair of the National Council of State Education Attorneys, which is connected to the National Association of State Boards of Education, Washington, D.C. In 2009, Justice Biles received the state education attorney's Douglas F. Bates Distinguished Service Award.
Justice Biles and his wife, Amy McCart, Ph.D., who is an associate research professor at the University of Kansas, Beach Center on Disability, are parents to three daughters.
Henry Cox has been a labor/employment, and civil rights litigator for over 30 years and a solo practitioner since 2002. A significant part of his practice involves serving as a mediator, arbitrator and hearing officer. Henry was Staff VP/ Senior Labor Attorney for TWA, and a partner in major law firms representing large and mid-sized companies, as well as individuals. He is a frequent lecturer and writer for CLE and management education programs both regionally and nationally providing over 2,500 hours of CLE. Henry co-developed the first 40-hour civil mediation-training program in the region and has provided more than 1,000 hours of mediation and arbitration training to attorneys, judges and business professionals. He is past Chair of the Alternative Dispute Resolution Committees for both Kansas City Metropolitan Bar Association and the Kansas Bar Association and serves on the KBA Attorneys Fees Dispute Committee. Henry earned his B.A. degree from Baylor University and J.D. degree from Washburn University School of Law where he was admitted into the Order of Barristers, and was Moot Court Council President. He is only one of sixteen attorneys continuously selected to "Best of the Bar" by the Kansas City Business Journal since 2002, and he's been selected as a Super Lawyer in Kansas and Missouri by Law & Politics Publications. Henry was an adjunct professor for over ten years teaching master’s courses in law, business ethics, labor law and conflict management. He is a former committee member of the American Bar Association's Law of Collective Bargaining Committee and a contributing author of "Discipline and Discharge in Arbitration" ABA/BNA (1998). In 2015, Henry was also appointed to the Kansas Civil Service Board.
Robert Hingula devotes a significant amount of his practice to representing employers in various industries in collective actions brought pursuant to the Fair Labor Standards Act. As part of his representation, Mr. Hingula has advised and assisted clients with restructuring their compensation policies to comply with state and federal wage and hour laws. Some of the industries Mr. Hingula has represented and counseled in wage and hour issues include financial institutions, mortgage companies, cable installation companies, waste and disposal companies, medical facilities, maintenance companies, and educational institutions.
In addition to his background in wage and hour law, Mr. Hingula has experience defending employers in both state and federal court and before state and federal agencies against allegations of sexual harassment, retaliation, wrongful discharge, and discrimination claims including age, race, disability, religious, and sex discrimination. He also advises employers on compliance with various state and federal statutes including the Uniformed Services Employment and Reemployment Rights Act, the Family Medical Leave Act, and the Fair Labor Standards Act. Mr. Hingula has also represented employers and employees in several cases involving non-compete covenants and non-solicitation agreements.
Michael Hodgson is a managing partner at the Employee & Labor Law Group of Kansas City, LLC. For over 10 years, Mr. Hodgson has successfully represented employees across the nation on wage issues against many of the largest businesses in the country. Mr. Hodgson’s practice is focused on prosecuting employers for wage violations through class actions and complex litigation. From 2013-2015, Mr. Hodgson was selected as a Thompson Reuters® Rising Star for his professionalism and expertise in matters concerning labor and employment law. Mr. Hodgson is a member of the National Employment Lawyers Association (national and Kansas City chapter). He earned his B.A. degree from Kansas State University and his J.D. from the University of Wisconsin, Madison in 2003. Mr. Hodgson maintains licenses in Kansas, Missouri, and Wisconsin.
Kathy founded her firm in Lawrence, Kansas in 2008 after 25 years of litigating employment and commercial disputes, most recently with Constangy, Brooks & Smith in Kansas City. Kathy is a graduate of Harvard Law School and has a Civil Engineering degree from Kansas State University. She mediates in litigated employment cases, internally for employers, Kansas Agricultural Mediation Services and is on the Missouri and Kansas federal court panels. Her focus is on resolving workplace conflict - in addition to mediating, she provides proactive employer counseling and training, and conducts independent workplace investigations. Kathy has served on the Boards of the Heartland Mediators Association, Jayhawk Chapter of the Society for Human Resources, Willow Domestic Violence Center, and the Jayhawk Breakfast Rotary Club.
G. Joseph Pierron was born May 16, 1947, in Kansas City, Kansas, and now lives in Lawrence. He grew up in Olathe and graduated from Olathe Senior High School in 1964, Rockhurst College of Kansas City, Missouri, in 1968 and the University of Kansas School of Law in 1971.
Prior to his 1990 appointment to the Kansas Court of Appeals he served as a district judge in Olathe from 1982. Before that he was an assistant county and district attorney in Johnson County from 1971. He was also municipal judge of Spring Hill in 1972.
Judge Pierron served as president of the Kansas Committee for the Prevention of Child Abuse and on the board of directors of the Kansas Children's Service League. He is chair of the Kansas Bar Association Law Related Education committee and is a member of the American Bar Association Judicial Administration and Alternative Dispute Resolution sections. He served as chair of the Bicentennial Commission on the United States Constitution for Johnson County.
Judge Pierron has received leadership and public service awards from the National Committee for the Prevention of Child Abuse, the Kansas Children and Youth Advocacy committee, the Kansas Corporation for Change, the Olathe Police Department, the Olathe Medical Center, the Olathe Jaycees and the Leavenworth Kansas Bar Association. He received the Junior League of Topeka Community Volunteer Award in 1998, the Kansas Bar Association Outstanding Service Award in 1999, the Liberty Bell Award from the Shawnee County Bar Association in 2002, and the State Department of Education Civic Education Partnership Award in 2008. He joined Rotary International in 1971, served as president of the Olathe Rotary Club, and is a member of the Downtown Topeka Rotary club and a Paul Harris Fellow.
In 2009, Judge Pierron received the first Kansas Boys' State Governor's Award for outstanding leadership, public service and dedication to the youth of Kansas. In 2010, he was named to the Olathe High School Wall of Fame. In 2011, he was awarded the first Kansas District Judges Association community outreach and education award. In 2011, he received the American Bar Association Burnham (Hod) Greely Award, ""in recognition of his outstanding contribution to promoting public awareness of the importance of a fair, impartial and independent judiciary."" He has been active in history and law related educational programs, and has given programs on the United States Constitution to about 380 student and adult audiences statewide. He currently is organizing an effort to coordinate judges and lawyers to give similar programs all over the state each year around Constitution Day on September 17. In 2015 he received a community service award from the Women Attorneys Association of Topeka.
Judge Pierron is co-chair of two committees that are developing appellate mediation and video conferencing for Court of Appeals cases.
Larry R. Rute is a partner and co-founder in Associates in Dispute Resolution, LLC, of Topeka, Kansas. This firm provides a wide range of alternative dispute resolution services, including commercial mediation and arbitration, private judicial proceedings, and conflict resolution systems design. ADR, LLC offices are located in Topeka and Lawrence, Kansas, and Kansas City, Missouri. Larry earned his Juris Doctorate (JD) from Washburn University School of Law and received a Master of Law (LLM) degree from the University of Washington. He is licensed in Kansas and Missouri. He has served as an Adjunct Professor at Washburn University School of Law, teaching Dispute Resolution Techniques and Negotiation Strategies. He is a Charter Member of the National Academy of Distinguished Neutrals and a Distinguished Fellow and member of the International Academy of Mediators.
Larry has successfully mediated more than 4,500 matters involving commercial law, consumer protection, employment law, family law division of assets, personal injury, probate, workplace disputes and complex multi-party cases, including class and collective actions. He serves as an arbitrator on behalf of the American Arbitration Association (AAA), National Arbitration Forum (NAF), and FINRA Dispute Resolution. He is a Mediator and Due Process Hearing Officer for the Kansas Department of Education.
Larry currently serves as Chair of the Kansas Supreme Court Advisory Council on Dispute Resolution. He has twice received the Kansas Bar Association’s Outstanding Service Award. Has received the Governor’s Award for Exemplary and Distinguished Service to Children and Families and received the following honors: He has been designated 2008-2017 Super Lawyer in Kansas and Missouri, 2013-2017 Best Lawyers in America, 2014-2017 U.S. News “Best Law Firm and 2012-2017 International Who’s Who of Commercial Mediation Lawyers.
Zimmerman is on the steering committee of the Salina Initiative for Restorative Justice, doing victim-offender mediations in juvenile and adult cases since 2012. She was elected to the Salina school board in 2015. A licensed attorney, state-approved mediator, and past president of both the KBA ADR Section and Heartland Mediators Association, she serves on the Kansas Supreme Court Dispute Resolution Advisory Council. Mediating since 1988, she has helped resolve conflicts in the areas of families and children, probate, higher education, business, small claims, discrimination and attorney fee disputes, and has facilitated public issues forums. With a law degree from Harvard and an elementary education degree from Kansas State University, she is on the board of the Salina League of Women Voters, performs about 100 times each year as an award-winning singer-songwriter and runs a horse-boarding stable with her husband.