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Norman Brand, Esq.
Arbitrator/Mediator

150 Lombard Street, Suite 3
San Francisco, CA 94111-1133
Phone: (415) 982-7172
Fax: (415) 982-8021
Email: 
nb@normbrand.com


Professional Dispute Resolution Experience
Over 30 years’ experience as arbitrator and mediator in more than 3000 labor, employment, and other cases.  Served on specialized panels requiring scientific literacy in biochemistry, medicine, and psychiatry, and an understanding of research and laboratory procedures.  Cases include labor-management disputes over discipline, discharge, and new contract terms; employment arbitrations and mediations involving age, sex, race, national origin discrimination, and sexual harassment; wrongful termination, executive compensation (golden parachute) statutory and employment contract violations in diverse industries, including computer hardware, pharmaceuticals, and biomedical products.  Other disputes involved trade secrets, intellectual property, environmental contaminants, medical and scientific issues, and business relationships.  Special areas include MPPAA withdrawal liability (including complex actuarial issues), trust fund collections, loans, and trustee deadlocks; salary setting for police and firefighters in cities over one million; salary setting and other disputes for employees involved in the generation, transmission, and distribution of electricity.  Some arbitration decisions involved unique issues of law and have been reviewed by federal courts.  Cases arbitrated have been valued to $50 million; largest arbitration award issued was $40 million.  Trained state and federal judges in mediation, fact finders for California Public Employment Relations Board, and mediators for New York Public Employment Relations Board. 

Professional Background
Arbitrator, Mediator, Full-time Neutral, Self-employed, 1983-present; Adjunct Professor, Hastings College of the Law, 1992-1997; President, Impartial Enterprises, Inc., 1985-88; Professor, Albany Law School of Union University, 1978-83; Ad Hoc Mediator, New York State Public Employment Relations Board, 1978-83; Labor Counsel, Emergency Financial Control Board, City of New York, 1976-78; Executive Assistant, New York State Director of Employee Relations, 1975-78; Editorial Consultant/Technical Writer, 1972-75; Professor of English, University of California at Davis, 1970-72; Professor/Consultant, Council on Legal Education Opportunity, 1969-74.

Publications (Partial List)
Co-Editor in Chief, Discipline and Discharge in Arbitration, 2nd ed., BNA, 2008; Labor Arbitration: The Strategy of Persuasion, 1987, 2nd ed., San Francisco, 2006; Editor, How ADR Works (BNA:2002); Co-Author, Designing Integrated Conflict Management Systems, (Cornell Studies in Conflict and Dispute Resolution: 2001); Editor in Chief, Discipline and Discharge in Arbitration, (BNA:1998); ADR Personalities and Practice Tips, Chapter 8, ABA Section of Dispute Resolution (Washington, D.C.: 1998); "Due Process in Arbitration," in Bornstein and Gosline Labor and Employment Arbitration, (Matthew Bender: 2000); Labor Arbitration: The Strategy of Persuasion, (PLI: 1987); Legal Writing: The Strategy of Persuasion, (St. Martin’s Press: 3rd ed. 1993) "Learning to Use the Mediation Process - A Guide for Lawyers," 47 Arbitration Journal 6 (December, 1992), reprinted in Craver & Brunet eds. Alternative Dispute Resolution, (MICHIE, 1997). 

Professional Associations

The College of Labor and Employment Lawyers (Fellow)
American College of Employee Benefit Counsel (Fellow)
American College of Civil Trial Mediators (Fellow)
American Arbitration Association National Employment Advisory Council Member
Association of American Law Schools, Section on Labor Law, (Chair 1983)
Bar Association of San Francisco, Labor & Employment Law Section (Executive Committee 2010-)
California Academy of Distinguished Neutrals
California Bar Association, Labor and Employment Law Section (Executive Committee Secretary 1988, Member, 1985-1988, Advisor, 1989-91)
California Dispute Resolution Council (President 1998, Board of Directors 1999-2000)
California Dispute Resolution Institute (Board of Directors 2000-2002 )
Industrial Relations Association of Northern California (President 1994-95)
International Foundation of Employee Benefit Plans (Arbitration Committee Member, 1988 -1989, Chair 1990)
Labor and Employment Law Quarterly (Chair, Editorial Board, 1990-1992)
National Academy of Arbitrators, Member (Chair, Northern California 1990-2)
California Bar (1976); New York Bar (1983)

Compensation (Non-Collective Bargaining Cases)
Arbitration: $585 per hour for all hearing and study time.  Minimum hearing day: four (4) hours.  Late cancellation fee: Hourly fee for seven hours for all cancelled dates unless more than 20 working days’ notice.  If three or more consecutive dates scheduled, 50 working days' notice required.  Mediation: $5,000 per day.  Travel and subsistence charged for cases outside the San Francisco Bay area.  Separate fee schedules apply in labor-management collective bargaining cases and in interest arbitrations.  

Awards

 

 

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