Mediation

In-person, virtual, and hybrid services tailored to meet your needs.

Approach

Our approach is built on creativity, patience, and a relentless commitment to practical solutions.

Our process begins with thorough preparation—conducting pre-mediation calls, reviewing statements, and asking insightful questions to help parties clarify their goals and arrive ready for constructive engagement.

Preparation

If all issues are not resolved during mediation, we follow up, encourage continued engagement and exploration of additional options, and stay focused on reaching a settlement.

Post Mediation

Proven Success

We’ve found that even the most intractable problems can be solved with hard work, openness, and a willingness to consider different pathways.

Mediation Practice Areas

Employment

Impact Associates has mediated hundreds of employment cases covering a wide range of issues including:

  • Sexual harassment, race, religion, age, and disability discrimination cases.

  • Wrongful termination, non-selection, and retaliation cases.

  • Gender and pregnancy discrimination cases.

  • Employer disputes with senior executives.

Employment Class Action

  • High-dollar class action to resolve allegations of discrimination in promotions and hiring based on employees' engagement in prior protected activity.

Environmental

Impact Associates has mediated, facilitated, and convened matters involving Superfund, hazardous waste, and the Clean Water Act.  Work has included:

  • Conducted situation assessments and provided convening services to guide stakeholders in designing effective public participation and conflict management processes.

  • Mediated, facilitated, and convened multi-party Title VI discrimination matters involving programs or activities that received federal funding.

  • Mediated tribal issues involving clean energy grant requirements.

  • Facilitated multi-party strategic planning discussions on weather and climate-related mitigation and recovery issues, fostering consensus and constructive dialogue among diverse stakeholders.

Freight and Passenger Rail

  • Restoration of passenger rail service between New Orleans and Mobile involving a passenger carrier, two Class I freight railroads, and a state port.

  • Freight and passenger rail operating agreements, including access, usage, and compensation terms.

  • Land use and construction exemptions, including solid waste rail transfer station permitting.

  • Petitions for rail line abandonment and STB-ordered line acquisitions.

  • Rate and competition disputes between shippers and Class I freight carriers.

  • Partial exemption revocations related to commodity-specific rail transport.

  • Trackage rights, operating rights, and infrastructure cost-sharing between freight railroads.

Impact Associates brings extensive experience mediating complex, high-dollar matters before the Surface Transportation Board (STB). We’ve worked with major industry stakeholders, including Amtrak, BNSF, Canadian National, Canadian Pacific, CSX, Norfolk Southern, and Union Pacific, to resolve multi-party disputes involving significant operational and financial issues. Our practice focuses on helping parties resolve disputes efficiently, avoiding the cost of litigation, and achieving shared economic and operational goals. Matters have included:

Federal Sector

  • Amtrak

  • Bureau of Engraving and Printing

  • Bureau of Prisons

  • Cybersecurity and Infrastructure Agency

  • Department of Agriculture

  • Department of Commerce

  • Department of Defense

  • Department of Health and Human Services

  • Department of Homeland Security

  • Department of Housing and Urban Development

  • Department of Interior

  • Department of Justice

  • Department of State

  • Department of Transportation

  • Equal Employment Opportunity Commission

  • Executive Office of the President

Impact Associates has mediated and facilitated employment, environmental, transportation, and regulatory matters across a diverse range of issues with U.S. federal departments and agencies including:

  • Environmental Protection Agency

  • Federal Bureau of Investigation

  • Federal Deposit Insurance Corporation

  • Federal Trade Commission

  • General Services Administration

  • National Aeronautics and Space Administration

  • National Institute of Standards and Technology

  • National Labor Relations Board

  • Northeast Corridor Commission

  • Office of the Director of National Intelligence

  • Treasury Department

  • US Attorney’s Offices

  • US Air Force

  • US Citizenship and Immigration Services

  • US Mint

  • Veterans Affairs Department

Regulatory

Impact Associates has extensive experience facilitating Negotiated Rulemaking processes. Activities have included:

Department of the Interior-Tribal Self-Governance - Designed and served as lead facilitator for the Department of the Interior’s Committee charged with negotiating rules giving Indian tribes authority to manage education and other tribal programs.

National Indian Gaming Commission - Tribal Gaming and Environmental, Public Health and Safety Standards - Served as lead facilitator and assisted with the design and implementation of a negotiated rule-making process relating to the regulation of tribal gaming facilities.

U.S. Access Board - Outdoor Accessibility Standards - Designed and served as lead facilitator in a rulemaking relating to access to public parks and recreation areas for persons with disabilities.

U.S. Access Board Play Areas Negotiated Rulemaking - Designed and served as lead facilitator for the negotiated rulemaking covering access to "play areas" for persons with disabilities.

U.S. Department of Labor - Negotiated Rulemaking Relating to Employee Benefit Plans -Designed and served as lead facilitator for the Employee Benefit Plans rulemaking committee related to the definition of a collective bargaining agreement with respect to multi-employer welfare plans.

Department of the Interior - Tribal Self-Determination - Served in facilitation team of a rulemaking committee comprising 48 tribal representatives and 15 federal representatives from two Executive Departments (Interior and Health and Human Services), to develop regulations authorizing tribes to operate programs servicing tribal members and other eligible persons.

Department of Housing and Urban Development - Facilitated two negotiated rulemaking committees, the first comprising of 48 tribal representatives and approximately 12 departmental representatives to negotiate the formula for distributing housing funds for Native Americans. Served on facilitation team in first negotiated rulemaking committee and as lead facilitator in second round.

Department of Health and Human Services Medicare Ambulance Fee Schedule Negotiated Rulemaking - Served on facilitation team for determining ambulance fee schedules.

Construction

Impact Associates has facilitated multifaceted discussions between senior executives from two federal agencies on the design of a 2-billion-dollar construction project, including:

  • Conceptual planning, schematic design, design development, and permitting.