MEDIATION · LABOR AND EMPLOYMENT
Confidential, cost-effective resolution of workplace disputes. — from discrimination and harassment to wrongful termination, wage claims, and executive transitions.
Labor & employment mediation in Dallas, Texas — confidential resolution before public litigation takes hold.
Content last reviewed: June 2026
LABOR AND EMPLOYMENT MEDIATION IN DALLAS, TEXAS
Employment mediation resolves workplace disputes confidentially, protecting careers, reputations, and business operations from the exposure of public litigation. Mark A. Shank, Board Certified in Labor and Employment Law and a Fellow of the College of Labor and Employment Law, mediates the full spectrum of workplace claims through ShankADR in Dallas, Texas.
Shank’s more than 40 years of employment trial experience and 500-plus resolved disputes give both sides a mediator who understands the legal risks, human dynamics, and business consequences at stake.
A discrimination lawsuit or wage claim that reaches public litigation can damage both sides — the employee’s career trajectory and the employer’s recruitment reputation. Reach Mark directly to resolve the matter privately before the damage becomes permanent.
Why counsel choose Mark
Available in person and by secure video conference nationwide.
Understanding the process
Employment mediation is a confidential, voluntary process in which a neutral mediator facilitates structured negotiations between an employer and an employee — or group of employees — to reach a settlement agreement without the public filings, adversarial depositions, and trial exposure of state or federal court litigation.
The mediator does not decide who wins or loses. Mark’s role is to help each side evaluate legal merits, assess realistic outcome ranges, and negotiate terms that address the interests behind the claims. Those terms can include compensation, employment references, non-disparagement commitments, policy changes, and confidentiality provisions that litigation cannot guarantee.
Texas Civil Practice and Remedies Code Chapter 154 authorizes courts to refer employment matters to mediation and provides for the enforceability of written mediation settlement agreements. Federal courts in the Northern District of Texas also routinely order employment cases to mediation before trial, while the EEOC maintains a mediation program for charges filed under Title VII, the ADA, and the ADEA.
When a workplace dispute requires a binding decision from a neutral rather than a negotiated agreement, the matter may be better suited to ShankADR’s Employment Arbitration practice.
Claims & industries
Mark mediates matters reaching Texas state courts, federal courts in the Northern, Southern, Eastern, and Western Districts of Texas, and private ADR proceedings — from individual discrimination complaints to multi-plaintiff class and collective actions.
| Claim Category | Common Disputes Mediated | Typical Parties |
|---|---|---|
| Race & National Origin Discrimination | Disparate treatment, hostile environment, systemic claims | Individual employees, EEOC, multi-plaintiff groups |
| Sexual Harassment | Quid pro quo, hostile work environment, supervisor liability | Individual complainants, employers, co-respondents |
| Age Discrimination (ADEA) | Termination, forced retirement, and reduction-in-force selection bias | Individual employees, employee groups in RIF disputes |
| Disability Discrimination (ADA) | Failure to accommodate, regarded-as claims, and interactive-process failures | Employees with disabilities, HR departments, and benefits administrators |
| FMLA Disputes | Leave interference, retaliation for taking leave, and reinstatement denial | Employees returning from leave, supervisors, HR |
| Wage & Hour (FLSA) | Overtime misclassification, off-the-clock work, tip pooling, and collective actions | Individual employees, employee collectives, and payroll departments |
| Wrongful Termination | Sabine Pilot violations, whistleblower retaliation, public-policy exceptions | Terminated employees, corporate officers, and compliance teams |
| Retaliation | Adverse action after internal complaints, EEOC charges, or whistleblowing | Reporting employees, management, and compliance officers |
| Executive Compensation | Severance disputes, stock-option disagreements, deferred compensation, bonus clawbacks | C-suite executives, boards, compensation committees |
| Non-Compete & Trade Secrets | Covenant enforceability, garden leave, customer solicitation, and inevitable disclosure | Departing employees, former employers, competing companies |
| Class & Collective Actions | FLSA collectives, Title VII pattern-and-practice, state-law class claims | Named plaintiffs, class counsel, corporate defendants |
| Workplace Investigations | Disputed investigation findings, procedural-fairness challenges, and remedial-action disagreements | Investigated employees, internal investigators, and outside counsel |
Credibility from both perspectives
Employment mediation succeeds only when plaintiffs’ and defense counsel trust that the neutral understands the case, respects the client’s position, and can credibly evaluate the strengths and weaknesses likely to determine the outcome at trial.
Mark spent four decades representing employers in employment litigation, trying discrimination cases, defending wage-and-hour collective actions, and negotiating executive separations. That work gave him direct experience with factual patterns, damages models, jury dynamics, and motion practice that shape employment-case outcomes in Texas courts.
Defense counsel recognize that Mark has done their work; plaintiffs’ counsel know that he understands the defense perspective, its vulnerabilities, and how a jury may receive the evidence.
Board Certification and fellowship in the College of Labor and Employment Law reflect sustained experience and peer recognition in the field, while AAA panel memberships support subject-matter confidence on both sides.
When a party presents a damages theory or liability defense, Mark can test it against actual courtroom experience rather than abstract evaluation.
The mediation day
An employment mediation at ShankADR follows a five-phase process adapted to the heightened sensitivity, power imbalances, and emotional stakes that distinguish workplace disputes from ordinary commercial disagreements.
01
Counsel submit confidential mediation briefs of five to ten pages addressing the factual background, legal theories, damages calculations, prior settlement discussions, and outstanding discovery or motion issues. Mark reviews the materials and speaks individually with counsel so he arrives understanding the legal landscape, emotional triggers, and obstacles to resolution.
02
Mark determines the best opening format from his pre-mediation conversations, the nature of the claims, and the parties’ emotional circumstances. Harassment and discrimination matters may begin in separate caucuses, while executive contract and compensation disputes often support counsel-led joint openings.
03
Each side meets privately with Mark in strict confidence to evaluate claims and defenses, test damages calculations, address emotional and professional concerns, and explore terms beyond money — including references, non-disparagement provisions, policy changes, and transition assistance.
04
Mark facilitates proposals through reality-tested evaluation rather than split-the-difference arithmetic. The objective is a settlement structure that addresses the employee’s career needs and the employer’s risk-management priorities at the same time.
05
When an agreement is reached, counsel prepare a written settlement agreement during the session capturing payment terms, release scope, confidentiality provisions, non-disparagement language, reference terms, and cooperation clauses.
Protection for employers
Public employment lawsuits generate searchable court records — including docket entries, deposition transcripts, and motion filings — that may affect recruitment, customer relationships, investor perception, and reputation.
Mediation resolves the claim without a public filing. It also limits discovery exposure by allowing Mark to work from confidential briefs and caucus discussions rather than compelled document production involving internal emails, personnel files, and management communications.
Protection for employees
A public lawsuit associated with an employee’s name can have career consequences regardless of the outcome. Confidential mediation allows the dispute to be resolved without creating a public record tied to future employment prospects.
It also gives parties access to terms courts may not order, such as favorable references, non-disparagement commitments, agreed separation explanations, and transition assistance that support the employee’s next step.
Complex matters
Class and collective actions — including FLSA overtime collectives, Title VII pattern-and-practice claims, and state-law wage classes — require a mediator who understands aggregate damages modeling, opt-in and opt-out mechanics, court-approval requirements, and settlement-allocation frameworks.
Mark mediates complex multi-plaintiff matters involving aggregate settlement calculations and structures that may require approval under FLSA § 216(b) or Federal Rule of Civil Procedure 23(e). His approach addresses the aggregate settlement amount, the formula for distributing funds among affected individuals, and the attorneys’ fee structure subject to court review.
These mediations frequently require more than one session. Mark conducts an initial full-day session to establish a settlement range, followed by targeted sessions to finalize allocation terms, administrative procedures, and the court-approval submission package.
Scheduling & fees
Fees depend on the session format, pre-mediation preparation required, and whether the dispute involves an individual claim or a class or collective action. Mark charges a daily or half-day mediation rate with preparation time billed separately. Parties typically split the mediator’s fee equally, and a detailed quote is provided upon inquiry.
| Cost Element | Individual Employment Mediation | Class / Collective Action Mediation |
|---|---|---|
| Mediator Fee | Daily or half-day rate, split between parties | Daily rate per session; typically two to three sessions |
| Pre-Mediation Preparation | Two to four hours for brief review and counsel calls | Six to twelve hours for aggregate-damages review and class-structure analysis |
| Attorney Preparation | Mediation brief (five to ten pages) plus one session day | Extended briefs, damages modeling, and allocation frameworks |
| Session Duration | A half-day or full-day resolves most individual claims | Initial full-day session plus follow-up sessions for allocation terms |
| Total Cost vs. Litigation | A fraction of discovery and deposition costs | A fraction of class-certification, notice, and trial costs |
Mr. Shank is also available to serve as an arbitrator in labor matters between unions and employers. These arbitrations typically arise under a collective bargaining agreement and may involve discipline and discharge grievances, contract interpretation and past practice, seniority, layoff and recall, and subcontracting or work assignment disputes. For more information, see Labor and Employment Arbitration.
Frequently asked questions
Employment mediation is a confidential, voluntary process in which a neutral mediator facilitates negotiations between an employer and an employee to reach a settlement agreement. Mark Shank mediates workplace disputes in Dallas and nationwide by video conference under the Texas ADR Act.
Mark mediates discrimination, sexual-harassment, wrongful-termination, retaliation, FMLA and ADA claims, FLSA wage-and-hour violations, executive-compensation disputes, non-compete enforcement, trade-secret disputes, and class and collective employment actions.
Most individual claims — including discrimination, harassment, and wrongful-termination matters — resolve within a single full-day mediation session. Class and collective actions typically require two or three sessions over several weeks to address aggregate settlement amounts and allocation frameworks.
A written settlement agreement reached during employment mediation is enforceable as a binding contract under Texas law. Texas Civil Practice and Remedies Code § 154.071 provides the legal framework for enforcement of written mediated settlement agreements.
Pre-suit mediation clauses in employment agreements may be enforceable when properly drafted. Mark mediates both pre-suit disputes under contractual mediation provisions and pending cases referred by state and federal courts at any stage of litigation.
The Texas ADR Act protects mediation communications from disclosure in a later legal proceeding. Offers, statements, and admissions made during mediation are handled confidentially under the governing statutory framework.
Yes. Mark mediates FLSA collective actions, Title VII pattern-and-practice claims, and state-law class disputes involving aggregate damages, allocation frameworks, and settlements that may require judicial approval.
Yes. Parties can negotiate favorable references, non-disparagement commitments, agreed separation explanations, policy changes, and transition assistance as part of a comprehensive settlement package.
Yes. Mark conducts mediations in person in Dallas and by secure video conference with virtual breakout rooms for private caucuses. The same confidentiality standards apply to virtual sessions.
Explore related services
Binding resolution for complex business disputes.
Binding resolution for labor grievances and workplace claims.
Confidential negotiation for business disputes.
Both sides lose when a workplace dispute becomes a public courtroom battle. Reach Mark Shank directly to discuss a confidential mediation in Dallas or by secure video conference nationwide.
