Alternative Dispute Resolution

Wage and Hour – Mediation

Summary:  Our client worked for decades in a high-tech parts business.  When the business sold, his employer failed to pay commissions due in a timely manner, resulting in the accrual of substantial penalties.  Our client filed suit for the wages and penalties due him.

Result:  At mediation, we were able to negotiate a satisfactory resolution for our client, resolving the matter.

Attorney:  Jamie L. Dupree

Alternative Dispute Resolution

Americans with Disabilities Act – Mediation

Plaintiff was a former employee of a California county.  She alleged that the employer had repeatedly failed to accommodate her disability and had unlawfully terminated her when it determined that it could not accommodate her disability in the position she held and then let her go.  We conducted a neutral evaluation, listened to each side’s presentation and then presented the parties with a written analysis of the parties’ likelihood of success at trial.

TKTKT Assign Attorney

Alternative Dispute Resolution

Wage and Hour – Mediation

Summary: Plaintiffs were employees of a small grocery store who were paid a flat amount per day for all hours worked.  Plaintiffs claimed that they were entitled to unpaid overtime, penalties and interest over a period of several years.  Defendant contended that the flat rate amount compensated the employees for overtime because it represented a fluctuating hourly rate, depending on the number of hours the employees worked each day.  

Result: We successfully mediated the dispute which resulted in an early, favorable settlement for the plaintiffs and permitted the employer to avoid a costly trial.

Attorney: 

Martin H. Dodd (acting as neutral mediator)

Alternative Dispute Resolution

Misappropriation of Trade Secrets/Breach of Contract – Mediation

Summary:  We represented a prominent toy company in a lawsuit brought by an inventor of a toy who claimed our client had misappropriated its idea and took it to market.  Our client believed it had fairly developed the award-winning toy on its own.

Result:  At mediation, we were able to bridge communication gaps between the parties which enabled them to reach a settlement of the lawsuit.

Attorney:  Jamie L. Dupree

Alternative Dispute Resolution

Americans with Disabilities Act – Mediation

Summary: Plaintiff was an individual with disabilities who sued the owners of a very large shopping center complex, alleging that it violated the Americans with Disabilities Act and similar state law.  The shopping center had first been constructed in the 1960s and had been remodeled from time to time over the years.  There were literally hundreds of alleged barriers to access from missing handrails to inaccessible parking spaces to a very large plaza built on sloping land at the site.  The defendant contended that the scope of the project was prohibitively large.  

Result: We successfully structured settlement discussions to address the items in groups and then assisted the parties in negotiating a staged construction process to permit the barriers to be removed in a time frame which the defendant could achieve economically.

Attorney:
Martin H. Dodd (acting as neutral mediator)

Alternative Dispute Resolution

Sexual Harassment – Mediation

Summary:  We were retained to mediate a highly contentious sexual harassment claim just prior to the complaining employee’s scheduled return form a medical leave.  The claim also involved significant retaliation issues.

Result:  After a lengthy mediation, the parties were able to resolve the dispute, resulting in a dismissal of the litigation.  During the one-week revocation period, numerous additional issues arose, and we were able to work with the parties to get each issue resolved in a timely manner so the settlement would not fall apart.  In the end, the settlement was consummated.

Attorney:  Jamie L. Dupree (acting as neutral mediator)

Alternative Dispute Resolution

Insurance Dispute

Summary: The plaintiff was injured in an automobile accident and obtained a $487,000 jury verdict against the defendant.  The defendant, who appealed, had primary insurance coverage up to $100,000 and excess insurance that covered $150,000 or more, which left a $50,000 gap that had to be bridged. Because the likelihood of success on his appeal was minimal, the defendant threatened to sue his insurance broker for selling him policies that left him with a coverage gap.  The mediation occurred prior to briefing on appeal.  In addition to the plaintiff and defendant, the primary and excess carriers participated in the mediation, as did the carrier for the defendant’s broker. The defendant did not wish to contribute to the gap; all of the insurance carriers insisted that the gap was his responsibility.

Result: We successfully mediated a multi-party case after judgment for the plaintiff and while the case was on appeal. After two days of settlement negotiations, the defendant and each of the carriers agreed to contribute to bridging the gap. The plaintiff agreed to waive the interest that had accrued since the date of judgment.

Attorney:
Martin H. Dodd (acting as neutral mediator)