BARRY WINOGRAD

Lake Merritt Plaza
1999 Harrison Street, Suite 1400
Oakland, CA  94612
Tel: (510)465-5000 [Direct Dial/Voice Mail: (510)273-8755]
Fax: (510)273-8746
Email: winmedarb@aol.com

Professional 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 2000 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 arbitration panels.

Professional Background

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.

Education

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).

Teaching and Training (Partial Listing)

Adjunct Law Faculty: University of California, Berkeley (Boalt Hall), 1985 to present (labor law, arbitration, and mediation); University of Michigan, 2004 to present (labor law and arbitration).  Faculty and participant in many ADR educational sessions, including co-development of nationwide FMCS arbitration training programs.

Publications (Partial Listing)

“An Introduction to Mandatory Arbitration and Class Action Waivers,” 61 NAA Proceedings (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 (State Bar, May 2007); “Sometimes More is Just More-Make Your Next Labor Arbitration More Efficient,” California Labor & Employment Review (State Bar, 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); "A Glossary of Basic Terms for Labor Arbitration Advocates," California Public Employee Relations Journal (April 2004);  "To Be or Not to Be - at the Employment Mediation," California Labor & Employment Law Quarterly (State Bar, Fall 1999); "Men as Mediators in Cases of Sexual Harassment," 50 Dispute Resolution Journal 40 (Amer. Arb. Assn., 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 (Amer. Arb. Assn., 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).

Professional Associations

National Academy of Arbitrators; College of Labor and Employment Lawyers; American College of Civil Trial Mediators; California State Bar, Labor and Employment Law Section; California Dispute Resolution Council

Compensation (to Dec. 31, 2009)

Arbitration and Mediation:  $480 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 or more, 56 days for hearings of six days or more), the five hour minimum fee for each scheduled day applies if another matter cannot be set in its place.

Travel 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.

(A separate fee schedule applies for labor relations proceedings involving collective bargaining relationships.)