Arbitrator and Mediator
Dispute Resolution Activity
Full-time, 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 dispute
resolution rosters for courts and appointing agencies, and service on
permanent labor-management arbitration panels.
January 1988 to present,
Arbitrator and Mediator; 1980-1987, Administrative Law Judge, California
Public Employment Relations Board; 1979-80, Counsel to the Chairman,
California Public Employment Relations Board; 1978, Of Counsel, Farnsworth,
Denison and Saperstein; 1973-77, Attorney, United Farm Workers of America.
LL.M., University of
California, Berkeley (Boalt Hall) (1985);
J.D., University of California, Berkeley (Boalt Hall) (1971);
B.A., University of California, Santa Barbara (1966).
Adjunct 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.
Publications (Partial Listing) “Revisiting
the Elements of Just Cause,” 64 NAA Proceedings 327 (BNA 2011); “An
Introduction to the History of Interest Arbitration in the United States,”
61 Labor Law Journal 164 (Fall 2010); “The 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).
of Arbitrators; College of Labor and Employment Lawyers; California State Bar,
Labor and Employment Law Section; California Dispute Resolution Council
Compensation (Effective March 1, 2014)
Mediation: $580 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 sessions of two or three days, and 56 days
for sessions of four days or more), the five hour minimum fee for each
scheduled day applies if another matter cannot be set in its place.
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.