Mudrick Arbitration & Mediation, LLC
Dave had more than 40 years experience as an advocate in labor and non-labor arbitrations before transitioning to ADR practice. The State of Kansas approved him as a teacher/faculty due process hearing officer. His practice is now limited to labor arbitrations, interest arbitrations, and fact-findings.
Dave's legal experience included 22 years in two Legal Departments and then 21 years in a law firm. He was listed in the Best Lawyers and Super Lawyers publications and was rated AV-Preeminent in Martindale-Hubbell. He litigated in state and federal courts and appeared before a variety of state and federal agencies. He earned his Bachelor's degree Summa Cum Laude from Kansas State University. He attended Duke Law School, where he served on the Duke Law Journal, and Kansas University Law School, where he earned a J.D. degree and was chosen for Order of the Coif (top 10 percent of class).
Arbitration and Faculty Due Process Hearings
Depending on the arbitration agreement, arbitration often is meant to be final and binding, subject to limited opportunities for court challenge. A third-party neutral hears the evidence and decides the dispute. It tends to be less expensive, often more private, and quicker than litigation. Dave Mudrick has an active labor arbitration practice.
In faculty due process hearings: two parties (usually a school district, community college, or university and a teacher, professor, or instructor) submit an employment dispute to a neutral hearing officer, who hears the evidence and decides the case, subject to potential court appeal.
Interest Arbitration or Fact-finding
A union and employer unable to agree on the terms of a new or renewed Labor Agreement may authorize a neutral Arbitrator or Fact-finder to determine the provisions of the Agreement. The decision may or may not be binding, depending on the parties' agreement and any governing statute.
Non-labor Employment Arbitration and Commercial Arbitration
A process set out in a policy or agreement other than a Labor Agreement, or through court or other appointment, where an employer and an employee not represented by a union have their dispute decided by a neutral arbitrator.
Commercial or other non-employment arbitration involves a process set out in a private agreement to submit business, financial, or other issues for decision by a neutral arbitrator.
A voluntary process where parties submit a dispute to a neutral mediator who tries to assist in reaching a resolution but cannot and does not impose a solution. Mediation helps parties reach a voluntary settlement rather than face expense, delay, and uncertainty of litigation. Dave Mudrick no longer mediates.
ADR is meant to be a more prompt and economical alternative to litigation and to provide the parties more control over their own outcomes.