Labor and Employment Law
Ca. Labor & Emp't Rev. NOVEMBER 2020, Volume 34, No. 6
Content
- From the Editors of the Labor & Employment Law Review Editorial Policy
- Message From the Labor & Employment Law Section Chair
- 2020-2021 Labor & Employment Law Section Editorial Board
- 2020-2021 Executive Committee of the Labor & Employment Law Section
- 2020-2021 Executive Committee of the Public Law Section
- 2020-2021 Public Law Journal Editorial Board
- Alameda and the Road Ahead For the California Rule
- Cases Pending Before the California Supreme Court
- Employment Law Case Notes
- Inside the Law Review/Journal
- McIe Self-Study: Hot Topics In Public Sector Labor Law
- Message From the Public Law Section Chair
- Nlra Case Notes
- Public Lawyer Spotlight: Suzanne Ambrose, State Personnel Board Executive Officer
- Public Sector Case Notes
- Robinson and the Road Ahead For Paga Claims
- The New Hybrid Workplace: Some Employer Considerations During Covid-19
- Wage and Hour Case Notes
- Mediation Tips and Arbitration Bits
MEDIATION TIPS AND ARBITRATION BITS
By Alan R. Berkowitz
Alan R. Berkowitz is a mediator with Judicate West, specializing in individual and class action cases. He has resolved hundreds of cases involving all types of employment matters, including wage & hour class actions and PAGA claims, many of which resulted in seven-to-eight-figure settlements. Before retiring from the practice of law to become a full-time mediator, he was a partner with Bingham McCutchen, managing partner with Schachter Kristoff Orenstein and Berkowitz, and Regional Attorney at the NLRB, Region 32. He has tried over 50 cases in state and federal courts and administrative agencies on behalf of both defendants and plaintiffs.
MEDIATION BRIEFS
To exchange mediation briefs or not to exchange—unfortunately, that is a recurring question. Reframing the question makes the answer obvious—who are you trying to persuade by your mediation brief? The mediator? Sure, you want the mediator to view the case as strong if you represent the plaintiff, or weak if you represent the defense. But more importantly, you want to persuade the other side, and the mediation brief is your best opportunity to do so.