Academy Member Inducted 2008

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Kenneth P. Carlson Jr., Mediator & Arbitrator, Winston-Salem, North Carolina.

Kenneth P. Carlson Jr.

Constangy, Brooks, Smith & Prophete, LLP
100 N. Cherry Street, Suite 300
Winston-Salem, NC 27101
Tel: (336) 721-6843
Cell: (336) 972-6228
Fax: (336) 283-0371
Website: www.constangy.com
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Recognized to North Carolina Chapter for Mediation & Arbitration Other ADR Services: Discovery Referee
Video Conferencing
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  • Practice Commenced: 2000
  • Total Mediations (as of Jan 2023): 1400
  • Total Arbitrations (as of Jan 2023): 5
Practice Percentages

Biographical

Ken Carlson is a certified mediator who has practiced labor & employment law exclusively since 1993. The majority of his practice now involves serving as a mediator or arbitrator, primarily focusing on various areas of employment law such as discrimination, harassment, retaliation, wrongful discharge, breach of employment contract, FLSA/wage & hour, ERISA/benefits, and trade secret/covenant not to compete issues. As a certified mediator, Ken mediates cases in both federal and state courts throughout North Carolina, and in other states upon request.  He is also fine with mediating in-person, remotely (via Zoom), or through a combination of the two -- whichever the parties prefer.

Ken is a former chair of the Dispute Resolution Section of the North Carolina Bar Association, and a Fellow with the American Bar Foundation.  He is consistently named to Business North Carolina’s annual “Legal Elite”, to the list of North Carolina “Super Lawyers,” and to the Best Lawyers in America for labor & employment law and/or alternative dispute resolution.  At various times, he has also received the Best Lawyers’ “Lawyer of the Year” recognition in both areas of practice for the Winston-Salem/Greensboro metropolitan area.

Ken is a frequent speaker at continuing legal education seminars, and has written numerous articles and CLE materials on such diverse matters as mediating in a manner to help avoid impasse, “best practices” for a successful mediation, legal ethics in mediation, and the pros and cons of employment law arbitration.  In addition to his mediation and legal practice, Ken is an adjunct professor at the Wake Forest University School of Law where he teaches courses in negotiation and trade secrets/unfair competition. 


Case Experience

  • ADA Disability
  • Civil Rights
  • Commercial/Business
  • Contract Disputes
  • Discrimination
  • EEOC
  • Employment
  • Intellectual Property
  • Labor/Unions
  • Libel & Slander
  • Pensions
  • Sexual Harassment
  • Unfair Competition
  • Wage & Hour/FMLA

Education

  • Wake Forest University School of Law - J.D., 1990
  • Yale Divinity School - Master of Divinity, 1981
  • University of North Carolina at Chapel Hill - B.A., English, 1976

Memberships & Affiliations

  • Adjunct Professor, Wake Forest University School of Law
  • American Bar Association
  • Federal Bar Association
  • North Carolina Bar Association
  • Fellow, American Bar Foundation
  • Winston-Salem Society for Human Resources Management and Board Member
  • Former Past Chair and Council Member, Dispute Resolution Section of the NC Bar Association
  • Past Editor, NC Bar Association Dispute Resolution Section Newsletter and Labor & Employment Section Newsletter

Rates Information

Mediations - $380/hour, including a one-hour administrative fee, plus expenses such as mileage and other travel-related costs (except meals). I only charge for one-way travel time. Hotel expenses are charged for any mediation conducted over three hours travel time from Winston-Salem in which an overnight stay is involved.  Any significant preparation time (beyond reviewing any pleadings and/or a typical mediation statement or other reasonable amount of material) is also billed to the submitting party at the same rate.  

Arbitrations - $515/hour, which applies to all pre-hearing, hearing and post-hearing time spent in the matter, to be billed in one-tenth of an hour increments, as well as one-way travel time for any travel outside of Winston-Salem, NC.  Approved expenses include any mileage at the then-current IRS rate, moderately priced hotel accommodations and a $60 meal per diem if overnight travel is involved, coach-class air travel fare and taxi/Uber costs as appropriate, any extensive copying or transcript charges, and other reasonable expenses (excluding meals).  I also normally charge a $5,000 - $10,000.00 retainer, to be shared equally by the parties (unless otherwise agreed) and billed against at the above hourly rate, with any balance at the arbitration’s conclusion refunded to the parties.

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