Dispute Resolution Activity
exclusive practice since 1988 as an arbitrator and mediator, with an emphasis on
labor and employment, business, and other civil disputes.
Extensive background in the fields of public and private sector labor
relations, employment discrimination, wrongful termination, and civil rights.
Experience in civil and commercial matters includes business, securities,
professional negligence, real estate, partnership, and personal injury claims.
Arbitration and mediation of more than 2,500 cases, a number with claims
in several figures as well as complex multiparty and class action disputes. Listed on many dispute resolution rosters, including the
American Arbitration Association, the United States District Court, the Federal
Mediation and Conciliation Service, and the California State Mediation and
Conciliation Service. Appointed to numerous labor-management permanent
and Mediator, 1988 to present; Administrative Law Judge, California Public
Employment Relations Board, 1980-87; Counsel to the Chairman, California Public
Employment Relations Board, 1979-1980; Of Counsel, Farnsworth, Denison and
Saperstein, 1978; Attorney, United Farm Workers of America, 1973-77.
University of California, Berkeley (Boalt Hall) (1985);
Law Faculty: University of California, Berkeley (Boalt Hall), 1985 to present
(labor law, arbitration, and mediation); University of Michigan, 2004 to 2009
(labor law and arbitration). Faculty
and participant in many ADR educational sessions, including co-development of
nationwide FMCS arbitration training programs.
Steelworkers Trilogy at 50 Years: Judicial Authority vs. Private Adjudication of
Labor-Management Disputes," California Labor & Employment Review (July
2010); "The Pyett Decision: A Major Shift in Doctrine, but Limited
Impact," California Labor and Employment Law Review (July 2009); "An
Introduction to Mandatory Arbitration and Class Action Waivers," 61 NAA
Proceedings 127 (BNA, 2008); "A New Day Dawning or Dark Clouds on the
Horizon? The Potential Impact of the Pyett Case," 59 Labor Law Journal 227
(Oct. 2008); "After Fair v. Bakhtiari: Sealing the Deal in Mediation,"
California Labor & Employment Review (May 2007); "Sometimes More is
Just More-Make Your Next Labor Arbitration More Efficient," California
Labor & Employment Review (Jan. 2007); "Evidence in Labor Arbitration:
How Arbitrators Rule," 58 NAA Proceedings 249 (BNA, 2005);
"Innovations in Dispute Resolution: The Las Vegas Hotel Industry," 57
NAA Proceedings 118 (BNA, 2004); "To Be or Not to Be - at the Employment
Mediation," California Labor & Employment Law Quarterly (Fall 1999);
"Men as Mediators in Cases of Sexual Harassment," 50 Dispute
Resolution Journal 40 (April 1995); "Mediation of Securities
Disputes," in Alternative Dispute Resolution Practice Guide (Lawyers Co-op
Pub., 1993); "Arbitration in the Union Workplace," in California
Alternative Dispute Resolution Practice (Shepard's/McGraw-Hill, 1993);
"Using Expert Witnesses in Broker-Customer Securities
Arbitrations," 46 Arbitration Journal 16 (June 1991); "The Duty of
Fair Representation," California Public Sector Labor Relations (Matthew
Bender, 1989); California Public Employees and the Developing Duty of Fair
Representation, 9 Industrial Relations L. J. 410 (1987); San Jose Revisited: A
Proposal for Negotiated Modification of Public Sector Bargaining Agreements
Rejected Under Chapter 9 of the Bankruptcy Code, 37 Hastings L. J. 231 (1985).
Academy of Arbitrators; College of Labor and Employment Lawyers; California
State Bar, Labor and Employment Law Section; California Dispute Resolution
(March 1, 2010 to March 1, 2014)
and Mediation: $540 per hour. Minimum fee is five hours per day. If a session is
postponed or canceled with notice of less than 28 days (42 days for hearings of
three days to four days, 56 days for hearings of five days or more), the five
hour minimum fee for each scheduled day applies if another matter cannot be set
in its place.
charges: Travel outside the immediate San Francisco Bay Area will be billed at
one-half the hourly rate. Parties are responsible for reasonable travel costs
(airfare, hotel, car rental, food), but not for routine office expenses.
separate fee schedule applies for labor relations proceedings involving
collective bargaining relationships.)