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William Hartgering

William E. Hartgering

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Case Manager
Deborah Stewart
T: 312-655-9192
F: 312-655-0644
71 S. Wacker Drive , Suite 3090 , Chicago , IL 60606
A full time mediator and arbitrator since 1981, Bill established the Chicago JAMS/ENDISPUTE office in 1982. Appointed by federal or state courts in 10 states, his commercial ADR practice includes hundreds of complex, multiparty matters arising in more than 40 states.

Prior to 1981, he practiced law, concentrating on commercial, employment, and insurance related litigation where he represented both plaintiffs and defendants.

Mr. Hartgering's dispute management experience includes the following:
  • Race Discrimination
    • Administration of a Consent Decree. Court appointment, Claims Administrator working with the Employer and EEOC to design, implement, and manage a consent decree claims process
  • Process Design
    • Corporate ADR Program. Multi Option Pilot dispute resolution program for employees of a national retailer
    • Implementation. Various mediations involving Corporate, Independent, Government Agency, and Court supervised binding and non-binding employment dispute resolution programs
  • Litigation
    • Experience as both plaintiff & defense counsel. Nationwide commercial (1975-1979); ADEA, ERISA, and related employment litigation (1977-1981)
The following are representative employment matters handled by William Hartgering since 1981.

Representative Matters

  • ADA: Disability/Handicap Discrimination
    • Union & non union settings, failure to provide reasonable accommodation for a variety of disabilities including alcoholism (2separate matters), nervous breakdown, neurofibromatosis, HIV positive diagnosis and related issues
  • Age/Race Discrimination, Retaliation
    • Termination, long term, middle level manager, national retail chain
    • Failure to promote, demotion, & retaliation, senior bank officer
    • Middle level technical manager, failure to promote
    • Termination of a 16 year clerical worker, 8 years of litigation
    • Termination, involving a large, respected charitable organization
    • “RIF’s” where employers merged or purchased by international firms
    • Denial of the opportunity to purchase an automobile franchise
    • Failure to promote white senior government manager, position given to younger minority candidates
    • Failure to promote, long term senior automotive industry management
    • Termination, long term insurance company middle manager
    • Termination, senior associate of a technical consulting firm
    • Pay/benefits issues, senior physicians, private university hospital system
  • Class Actions
    • Nearly 100 member class, executive women alleging unequal pay, failure to promote and related gender associated bias against a corporate employer
    • 100 plus member class alleging violations of a state wage act involving unionized delivery workers
    • Court appointment, Administrator working with the Employer and EEOC to design, implement and manage a consent decree claims process
    • Mediation of matters arising out of a class action settlement involving allegations of racial & age discrimination by an automobile manufacturer
    • Several non-employment class actions involving environmental, asbestos, bankruptcy, condominium and complex construction issues
  • Covenant Not to Compete
    • Scope of buyout agreement, founding member, nationwide firm
    • Scope of covenant, nationwide firm
  • Executive Service, Royalty Contract
    • Arising out of litigation involving the sale of a professional business
    • Interpretation of a software/royalty agreement as part of litigation involving a discharge agreement
    • Software firm Founder/Seller-Venture Capital/Buyer, severance agreement
  • Golden Parachute
    • Independent neutral evaluation just prior to trial, involved the substantial severance agreement of a senior legal executive
    • Interpretation of golden parachute agreement
  • Government as a Party or Counsel
    • Several mediations involved a government agency, including the Federal Reserve Bank, Post Office, EEOC, and the Department of Justice
  • Labor/Management
    • Variety of matters alleging rights under state and federal statutes involving members of a labor union
  • National Origin
    • Termination, senior physician, Middle eastern decent, university hospital
    • Termination, white senior executive, technology company, non German origins
    • Termination, white senior manager, post merger, non Japanese origins
  • Sexual Discrimination, Harassment
    • Termination, defamation of a Fortune 50 female corporate pilot
    • Constructive discharge due to management/workplace harassment
    • Constructive discharge, national chain store manager
    • Discharge of law firm staff member involving very sensitive issues
    • Constructive discharge, auto dealership management harassment
    • Termination, long term female employee of ADR firm
  • Wrongful Discharge
    • Workouts: termination of sole proprietor/franchises by franchiser
    • Termination, family member of an expanding, successful family business
    • As a result of harassment and improper behavior alleged by female co-workers during work and company related after hours functions
    • Mediation/Arbitration, involved corporate control and the value of remaining stock of a closely held medical company
  • Honors
    • Ranked among the Top 10 ADR Neutrals in Illinois, Leading Lawyers, 2014
    • Recommended “Leading Lawyer” Commercial ADR Law
  • Memberships & Professional Activites
    • Former Adjunct Faculty, Northwestern University
      • Kellogg School of Management
      • Pritzker School of Law
    • Trainer, 30 forums in 15 states, Hong Kong, Latvia, and Lithuania
    • Member, Regional Utility Mediation/Arbitration Outage Allocation Panels
    • Active Member, ABA Section of Dispute Resolution and SPIDR (now ACR), 1981-present
    • Member, Unitarian Church of Evanston
  • ADR Profile
  • J.D., Northwestern University (Law Review, First Place, Moot Court Competition; National Moot Court team), 1975
  • B.S., cum laude, Political Science, Claremont McKenna College, Claremont, CA, 1972
  • Born 1949, Two children, Extensive travel in Japan, Hong Kong, South Africa, Asian/European Russia, Eastern/Western Europe, Caribbean, Central America, and each of the 50 United States

Counsel Comments

    "Bill is an extraordinarily quick study, who thoroughly prepares and thus is very credible in the discussion of strengths and weaknesses.

    He understands my business, the law and kept us focused on the practical issues driving our dispute.”

    from Feedback: Secrets of Successful (& Unsuccessful) Mediators 2007 Studies II and III

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