Hon. Mark Whittington (Ret.)

T: 214-744-5267
F: 214-720-6010
Employment

Hon. Mark Whittington (Ret.) brings a unique perspective to his dispute resolution practice at JAMS. Justice Whittington served in multiple roles in the judiciary where he participated in early efforts to institute ADR programs at both the trial and appellate levels. He began his judicial career as a civil trial judge and concluded his public service as a justice of the Fifth District Court of Appeals.

Since leaving the bench, Justice Whittington has served as a full-time mediator, arbitrator, and special master with JAMS. He has experience serving as a neutral in complex civil disputes involving business and commercial matters, insurance, healthcare, personal injury, torts, professional liability, real property, construction defects, employment matters, and securities.

ADR Experience and Qualifications

  • As a civil trial judge, Justice Whittington presided over more than three hundred jury trials and thousands of non-jury trials involving general civil litigation including contract, personal injury, products liability, insurance, employment, and real estate disputes 
  • As an appellate court justice, Justice Whittington served on panels that resolved thousands of civil cases 
  • Personally authored more than sixteen hundred appellate opinions 
  • Consistently received the highest approval rating by attorneys in bar association judicial evaluation polls 

Representative Matters

  • Arbitrations:
    • Numerous Title VII, ADEA, FLSA, FEHA, whistleblower, retaliation and wrongful termination claims
    • Many on-the-job injury claims under company benefit plans
    • Breach of contract claims by CEO of major oil and gas producer including claims for breach of fiduciary duty and theft of proprietary information by employer
    • Wrongful termination claims brought by executive of software company involving allegations of misappropriation of corporate funds and breach of fiduciary duty
    • Sexual harassment and retaliation claims brought by employee against executives of major international airline
    • Breach of contract and fraud claims by departing partner of international law firm
    • Age and gender discrimination claims brought by CPA against international accounting firm
    • Wrongful termination and defamation claims brought by top salesperson of global retail firm
  • Mediations:
    • Numerous Title VII, ADEA, FEHA, whistleblower and retaliation claims
    • Many cases involving departing executives/employees and non-competition agreements
    • Many cases involving wrongful appropriation of corporate trade secrets and proprietary information by departing executives/employees
    • Discrimination and sexual harassment claims brought by attorney against partners and major law firm
    • Wrongful termination claims brought by general counsel of major retail firm
    • Sexual discrimination claims brought by real estate agent against her employer for disparate treatment in relation to male agents
    • Breach of contract and related claims brought by closely-held corporation against departing executive/owner to enforce provisions of buy-out agreement
    • Sexual harassment claims brought by multiple employees against municipality
    • Gender discrimination/retaliation claims brought by employee against university
    • Claims for retaliation brought by whistleblower employed by major government contractor
    • Wrongful termination and fraud claims brought by CEO and founder of major cosmetics firm against company and board of directors
    • Multi-million dollar claims involving departure of CFO and entitlement to stock options upon departure

Honors, Memberships, and Professional Activities

  • Best Lawyers in Dallas, Alternative Dispute Resolution, D Magazine
  • Outstanding Civil Jurist Award, American Board of Trial Advocates
  • Judicial Pro Bono Award, North Texas Legal Services
  • Sustaining Life Fellow, Texas Bar Foundation
  • Sustaining Life Fellow, Dallas Bar Foundation
  • Master, William “Mac” Taylor Inn of Court

Background and Education

  • Justice, Fifth District Court of Appeals, Dallas, TX, 1993-2008
  • Judge, 160th State District Court, Dallas, TX, 1987-1992
  • Judge, County Court at Law, Dallas, TX, 1983-1986
  • J.D., University of Houston

Disclaimer

This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

Whittington_Mark_Employment_1041