The Inside Story: What You Need to Know about Dispute Resolution in 2013
A baker’s dozen of the state’s outstanding mediators will provide you with a look behind the curtain at how mediators deal with impasse and with the pitfalls of traditional money negotiators. This seminar’s speakers also will provide you with insights on the transition to a full-time mediation practice, the emergence of mediation in the Probate Court, the introduction of a new sanctioned form of dispute resolution with early neutral evaluation, the status of collaborative law, and the success of mediation of Workers’ Compensation and Family Court matters.
Dealing with Impasse: Strategies for Mediators
Thornwell F. (Biff) Sowell, Jr., Columbia/H. Ronald Stanley, Columbia/Eric K. Englebardt, Greenville/Franklin G. (Frank) Shuler, Jr., Columbia
The New Mediation Regulation : "Gunfight at the Workers’ Compensation Coral"
H. Mills Gallivan, Greenville
Mediation in the Probate Court
Catherine H. Kennedy, Columbia
Mediating Money: Managing the Realities of Traditional Bargaining
Richard L. Hinson, Florence/Saunders M. (Sandy) Bridges, Jr., Florence
The Business of Mediation: Going Full-Time
Robert W. (Rob) Hassold, Jr., Greenville
Developments, New Rules, and Early Neutral Evaluation
Richard L. Hinson, Florence/Thornwell F. (Biff) Sowell, Jr., Columbia
Mediation in Family Court and Collaborative Law
Sean F. Keefer, Charleston
Saunders M. Bridges, Jr.
Circuit Court Mediator
Circuit Court Arbitrator
South Carolina, 1974 District of Columbia,
1984U.S. District Court District of South Carolina,
1974U.S. Court of Appeals 4th Circuit,
1974U.S. Supreme Court, 1984
University of South Carolina School of Law, Columbia, South Carolina, 1973 J.D.
College of William & Mary St. Andrews Presbyterian College, 1971
Honors and Awards:
Fellow, American College of Trial Lawyers
Professional Associations and Memberships:
Florence County Bar, 1991President
South Carolina BarMember
American Bar Association Member
The District of Columbia Bar Member
South Carolina Defense Trial Attorneys Association Member
Defense Research Institute Member
United States Fourth Circuit Court Judicial Conference Member
United States Justice Department, Environmental Enforcement Section Senior Trial Attorney
South Carolina Bar Member
Eric K. Englebardt
Eric Englebardt became a lawyer because he wanted to try cases, and having tried well-over 70 cases to jury verdicts, he feels most comfortable in a courtroom. However, with the advent of alternative dispute resolution, Eric found that more and more of his time was being spent at the mediation table rather than in the courtroom. He also felt that serving as a mediator fit his personality and experience well, and after a 40-hour course, Eric was certified as a mediator by the South Carolina Supreme Court. Now, with over 600 mediations under his belt, Eric feels like there’s little he hasn’t seen or can’t handle.
Whether it is as a litigator or a mediator, Eric’s ability to actively listen and then analyze a set of facts makes him an effective problem solver and negotiator. Eric believes that he owes his clients a duty to really look at the cost-benefits of any situation before deciding on a plan of action. That said, once the decision to push forward with litigation is made, Eric has 20 years of experience in handling all types of lawsuits from which to draw in determining the appropriate strategy. Eric was qualified twice by the South Carolina Judicial Merit Screening Commission for a position as a South Carolina Circuit Court Judge. He was nominated for the position in 2003 and in 2009. He has been a judge and small group leader at the South Carolina Defense Trial Attorneys’ Association annual trial academy since 2000. Eric also serves on the Upstate Committee of the South Carolina Bar’s Client Fee Dispute Board.
Eric has lived in Greenville since falling in love with the city as a law clerk in the late 1980s. He is fully involved in the community, having served as a congregational officer at his place of worship, and a youth coach in baseball, basketball and soccer. He currently serves on the board of directors of The Family Effect, an organization working to transform families and children struggling with alcohol or drugs. Eric is also an avid runner and, thanks to the influence of his law partner, Tim St.Clair, has become addicted to cycling, and as a result, he is thankful to live in one of the most cycling-friendly towns in America.
H. Mills Gallivan, Sr.
Senior Shareholder and Greenville native Mills Gallivan is known for being determined, thorough, and well-prepared. These qualities have served him-and his clients well-in his 30 year litigation, mediation, and arbitration career.
They have also motivated him to take active leadership roles in professional and community organizations; his long list of service includes: President of the South Carolina Defense Trial Attorneys' Association, Chairman of the Tort and Insurance Practice Section of the South Carolina Bar Association, Senior Director of the Federation of Defense and Corporate Counsel, President for the National Foundation for Judicial Excellence, President of the Mardi Gras Charity Ball of Greenville, Commissioner for City of Greenville Planning Commission, and 28 years of service in the Rotary Club of Greenville.
Mr. Hassold has conducted over 2000 mediations in his state-wide mediation practice focusing on the mediation of State Court, Federal Court, pre-lawsuit, complex and multi-party disputes involving a wide range of issues. Mr. Hassold also offers mediation services for contract negotiations, arbitration and other neutral services.
Before deciding to limit his practice primarily to mediation in 2000, Mr. Hassold's prior legal practice focused on contracts and mediation, arbitration, and litigation of civil disputes in all forums. Extensive prior experience as arbitrator, American Arbitration Association Blue Ribbon Panel, in commercial and construction disputes including large, complex and international disputes. He is a former chair of the South Carolina Supreme Court's Board of Arbitrator and Mediator Certification, former chair of the Rules Committee of the Supreme Court's Joint Commission on ADR, former chair of the South Carolina Bar's Dispute Resolution Section and former chair of the Bar's Construction Law Section. Mr. Hassold received the Dean's Award from Clemson University's College of Architecture for his role as a lecturer on "Team Approach:Reducing Adversarial Relationships in Construction". He is listed in Woodward/White's "The Best Lawyers in America" and in Law & Politics' "South Carolina Super Lawyers" for Alternative Dispute Resolution. Martindale Hubbell (AV Rating)
University of North Carolina at Chapel Hill, B.A., 1976
University of South Carolina, J.D., 1979
Harvard Law School, Negotiation Workshop,1995
American Arbitration Association, Arbitrator Training, 1987 and 1988, Mediator Training, 1990 and 1993
Richard Hinson devotes his practice exclusively to dispute resolution – serving as mediator, arbitrator, and special referee for attorneys, businesses, and individuals throughout South Carolina and beyond. For over two decades, Richard maintained a general civil litigation practice and tried scores of jury and non-jury matters in both state and federal courts. He has now served as a neutral in over 1,000 civil matters, ranging from simple to complex.
Richard is a member of the South Carolina Bar and is a certified civil mediator in both state and federal court and a certified arbitrator in state court. He has presented at numerous continuing legal education seminars on the topics of dispute resolution and ethics. Richard currently serves on the South Carolina Supreme Court Commission on Alternative Dispute Resolution, where he is actively involved in the expansion of mediation throughout South Carolina.
In 2012, Richard was invited to become one of only eight charter members of the South Carolina Chapter of the National Academy of Distinguished Neutrals, which has been recognized as the official neutral roster for both the American Association for Justice (formerly the American Trial Lawyers Association) and the Defense Research Institute (DRI). Richard also maintains the highest lawyer peer-review rating recognized by Martindale-Hubbell (AV) and is consistently selected by his peers for listing in Best Lawyers in America in the area of Mediation.
Richard is available to conduct mediation conferences throughout South Carolina, and his online scheduling calendar can be accessed at www.nadn.org/richard-hinson.
Early in his practice in Family Law, Sean became a trained mediator and began to build an alternative dispute resolution practice that new includes not only mediation, but also collaborative law and arbitration. In addition to these practice area, Sean also represents litigants in the Family Courts and represents the Berkeley County Volunteer ad litem Program in DSS cases.
Sean has served on the board of the South Carolina Collaborative Law Institute and is a current board member of the Meeting and Mediation Center of Charleston. Sean also served on the South Carolina Bar's ADR Section Council and a prior member of the South Carolina Bar's Resolution of Fee Disputes Board for the ninth judicial circuit.
Sean practices with is wife, Wendy Keefer
Catherine H. Kennedy
Catherine Hood Kennedy is recognized throughout South Carolina for her expertise in probate and trust matters. She is the immediate past-chair of the Probate and Estate Planning Section of the Bar, is a fellow of the American College of Trust and Estate Counsel, is listed in the Best Lawyers in America--Trust and Estates, and has been named a South Carolina Super Lawyer in Estate and Trust Litigation. From 1987 to 1999, she served as the Richland County Probate Judge. Ms. Kennedy is a certified specialist in Estate Planning and Probate Law practicing with the firm of Turner Padget Graham & Laney, PA., in its Columbia office.
Ms. Kennedy frequently testifies before legislative committees on changes in South Carolina probate and trust law, and often serves as an expert witness in probate matters. She served on the committee studying the Uniform Trust Code, which resulted in the enactment of the South Carolina Trust Code in 2005, and is currently chairing a committee to study and recommend changes to the South Carolina Probate Code, currently being discussed in the legislature.
Catherine Kennedy is certified as a civil court mediator and arbitrator and served on the task force to draft and implement a pilot mediation program in the probate courts. She also assisted in drafting Probate Court Rule 5, which provides for a permanent mediation program in the Probate Courts.
Franklin G. Shuler, Jr.
Frank Shuler went to law school with the express purpose of becoming a labor and employment lawyer. He became interested in the law of the workplace as a student at Georgia Tech. However, before following his goal, Frank did a tour in the U.S. Marine Corps, where, as a student naval aviator, he landed a jet on a carrier and later spent time in Camp Lejeune, N.C. as a rifle platoon commander.
Frank attended law school in Alabama and remained there after graduation, first working for a year for an insurance defense firm in Mobile. It was there that he successfully tried his first jury case and was fortunate enough to “second chair” three federal court jury trials. However, his wife decided to attend law school, which took them to Birmingham, where Frank began his career in labor and employment. It was at a boutique firm devoted to labor and employment law, that Frank learned the intricacies of many of the laws he works with on a daily basis now.
In late 1991, Frank and his wife decided to return to South Carolina where they had met almost 19 years earlier. Both of Frank’s parents were from the Palmetto State, and he had grown up in Charleston, so for Frank, he was coming home. In 1993, he was hired by Turner Padget to develop its employment practice. Today, the practice now includes two certified specialists and seven other attorneys who handle employment law matters.
Frank has been practicing employment law for over 25 years. He has practiced in virtually all aspects of labor and employment law, including matters arising under federal employment laws including the Americans with Disabilities Act (ADA), Age Discrimination Employment Act (ADEA), Title VII, the Fair Labor Standards Act (FLSA), the Employee Retirement Income Security Act (ERISA), the Family Medical Leave Act (FMLA), and the National Labor Relations Act (NLRA). He has also addressed actions based on state law claims such as retaliatory discharge, breach of a handbook and breach of a covenant not to compete. Over the years, Frank has developed a substantial employment law counseling practice. These days, he spends as much time trying to protect his clients before a situation ever arises as he does defending them in court. He believes his clients are better served if he can help them avoid the stresses and uncertainties of litigation. Occasionally, however, litigation is unavoidable, and when this occurs, Frank is ready to jump in to protect his clients’ interests with an eye towards their long-term goals.
Frank has been a certified mediator in South Carolina state and federal courts since 1999. Because of his reputation in the field, he has been able to develop an extensive mediation practice involving employment and ERISA matters, mediating more than 300 cases. Frank also has experience as an arbitrator in employment and contract disputes.
Thornwell F. Sowell III, Esq.
Thornwell Sowell is a member of Sowell Gray. He practices in the areas of alternative dispute resolution, appellate advocacy, commercial litigation, construction litigation, healthcare litigation, probate and estate litigation, professional liability and ethics. He is a graduate of Clemson University and University of South Carolina School of Law.A native of Chesterfield, South Carolina, Mr. Sowell practices primarily in the areas of Professional Liability and Ethics, Healthcare Litigation, Construction Litigation, Commercial Litigation and Business Dispute Resolution, Appellate Advocacy and Alternative Dispute Resolution. He is listed in The Best Lawyers in America for commercial litigation.
Biff graduated from Clemson University in 1973 with a B.A. degree. He received his J.D. in 1976 fro the University of South Carolina School of Law, where he was a member of the South Carolina Law Review and President of the Student Bar Association.
Biff is a member of the American Bar Association, Richland County Bar Association, South Carolina Bar (former member of the House of Delegates), Federation of Defense and Corporate Counsel, American Board of Trial Advocates and South Carolina Defense Trial Attorneys' Association. He is also former Commissioner of Midlands Technical College; former member of the Midlands Technical College Foundation and former member of the Board of Directors of Communities in Schools - Columbia.
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