Frequently Asked Questions
Common questions about mediation, arbitration, and working with Mark Shank — organized by practice area.
6 questions
Mark mediates the full range of employment disputes, including discrimination and harassment claims (race, sex, age, disability, national origin), wrongful termination, retaliation, wage and hour disputes, FMLA and ADA claims, non-compete and trade secret matters, and executive compensation disputes. He has extensive experience in both single-plaintiff and class/collective action matters.
Employment mediation is a confidential, voluntary process in which Mark serves as a neutral facilitator to help the parties reach a mutually acceptable resolution. Sessions typically involve joint opening statements followed by private caucuses with each side. Mark uses his deep knowledge of employment law and litigation to help parties realistically assess their positions and find common ground.
Yes. Mediation is confidential under Texas law (Texas Civil Practice & Remedies Code §154.073) and federal law. Nothing said in mediation can be used in subsequent litigation. This confidentiality encourages frank discussion and creative problem-solving.
Most employment mediations are completed in a single day (6–8 hours), though complex class actions or multi-party matters may require multiple sessions. Mark is available for half-day sessions, full-day sessions, and multi-day engagements depending on the complexity of the dispute.
Absolutely. Mark regularly conducts mediations via Zoom, Microsoft Teams, and other video platforms. Virtual mediation has proven highly effective and allows parties from across the country to participate without travel costs.
Fees are based on the complexity of the matter and the time required. Please contact Mark's office directly at (214) 641-9916 or mark@markshank.com to discuss scheduling and fees.
6 questions
Mark is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization — one of the most selective certifications in Texas. He is a Fellow of the College of Labor and Employment Law, has practiced employment law for over 40 years, and has served on the AAA's Employment Panel for over two decades. He has handled every type of employment dispute imaginable, giving him unparalleled insight as a neutral.
In mediation, Mark facilitates negotiation but does not decide the outcome — the parties reach their own agreement. In arbitration, Mark acts as a private judge and issues a binding decision (award) after hearing evidence and argument. Arbitration is typically faster and less expensive than litigation, with a final, enforceable award.
Yes. Arbitration awards are binding and enforceable under the Federal Arbitration Act (FAA) and the Texas Arbitration Act. Courts will confirm and enforce arbitration awards, and grounds for vacating an award are very limited.
Mark arbitrates under the rules of the American Arbitration Association (AAA), JAMS, or ad hoc rules agreed upon by the parties. He is experienced with the AAA's Employment Arbitration Rules and Mediation Procedures and can help parties design a fair, efficient process.
Parties may agree to select Mark directly, or he may be appointed through an ADR provider such as the AAA or CPR. Mark is on the AAA's Employment Panel and the CPR Distinguished Neutrals Panel.
Yes. Mark has extensive experience with class and collective action arbitrations involving wage and hour claims, discrimination class actions, and FLSA collective actions. He is familiar with the complex procedural and substantive issues that arise in these matters.
5 questions
Mark mediates a wide range of commercial disputes, including contract disputes, business partnership and shareholder disputes, trade secrets and non-compete matters, franchise disputes, real estate and construction disputes, technology and intellectual property disputes, insurance coverage disputes, and complex multi-party commercial litigation.
Commercial mediation offers significant advantages: it is faster (typically resolved in days rather than years), less expensive, confidential, and preserves business relationships. Parties retain control over the outcome rather than leaving the decision to a judge or jury. Mediated settlements are also more creative and flexible than court judgments.
Mark has handled commercial disputes across a broad range of industries, including energy, healthcare, financial services, real estate, technology, retail, manufacturing, construction, and professional services. His 40+ years of commercial litigation experience gives him the industry knowledge to understand complex business disputes.
Mark requests mediation briefs from each party in advance (typically 5–10 pages) outlining the key facts, legal issues, and settlement history. He reviews all materials carefully before the session and may conduct pre-mediation calls with counsel to understand the dynamics and identify potential settlement frameworks.
The vast majority of commercial mediations result in settlement — industry statistics suggest 70–85% of mediated cases settle on the day of mediation, with many others settling shortly thereafter. Mark's deep experience and practical approach contribute to a high settlement rate.
6 questions
Mark is a Fellow of the College of Commercial Arbitrators — the world's most prestigious organization of commercial arbitrators, with membership by invitation only. He is also a Fellow of the Chartered Institute of Arbitrators (FCIArb) and has served on the AAA/ICDR Commercial Panel for over 20 years. His 40+ years of commercial trial experience means he understands complex business disputes from every angle.
Mark arbitrates complex commercial disputes including contract disputes, business torts, partnership and shareholder disputes, trade secrets, technology disputes, energy disputes, construction disputes, financial services disputes, and international commercial arbitrations under ICDR rules.
Yes. Mark is a member of the ICDR (International Centre for Dispute Resolution) panel and is experienced in international commercial arbitrations. He is familiar with the UNCITRAL Model Law, ICC Rules, and ICDR Rules.
Mark takes a proportionality approach to arbitration discovery — allowing sufficient discovery to ensure a fair hearing while avoiding the expense and delay of full litigation-style discovery. He is experienced in managing document production, depositions, and expert discovery in complex commercial arbitrations.
Mark serves as both sole arbitrator and as a member of three-arbitrator panels. For high-stakes disputes, a three-arbitrator panel (with Mark as chair or wing arbitrator) may be appropriate. He works effectively with co-arbitrators from diverse backgrounds.
The timeline depends on the complexity of the dispute, the amount of discovery needed, and the parties' schedules. Simple commercial arbitrations may be completed in 3–6 months; complex multi-party matters may take 12–18 months. Mark works with parties to establish a realistic and efficient schedule at the outset.
