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Mediator Resume
Kirsten S Branigan, Esq.
Professional Summary
Seasoned employment lawyer (30 years) and ADR neutral (18 years), with exclusive employment law experience. Offers a unique dual experience of having litigated and negotiated employment claims from both the employee (plaintiff) and employer (defense) perspectives, fostering role as a balanced neutral. Currently serves in a variety of roles, including as employment arbitrator, mediator, trainer, workplace investigator, and expert witness.
Current Employer-Title
KSBranigan Law P.C. (NAMWOLF/WBENC) - Managing Partner
Profession
Attorney, Arbitrator, Mediator, Investigator, Trainer
Work History
Managing Partner, KSBranigan Law P.C., 2006-2008 & 2009-Present; Law School Faculty, Co-Founder, The Gender Equity Project and Gender Equity Study: NJ Women in Law through Rutgers Law School-Newark, International Human Rights Clinic, Spring 2023 and Fall 2024-Present; External Advisor, Princeton University's Title IX/Sexual Misconduct Grievance Program, 2022-Present; Member and Chair of the Employment Law Department, McDonald Law Group, 2008-2009; Commissioner, Public Employment Relations Commission, 2007-2009; Assistant County Counsel, Essex County Office of County Counsel, 2006-2007; Partner, Fischer Porter & Thomas PC, 2006; Associate, Wilentz Goldman & Spitzer, 1995-2006.
Experience
Currently serves as Managing Partner of a law firm responsible for strategic leadership, personnel and case management, and operational oversight, including developing and managing internal workflow systems and processes to improve case efficiency, quality control, and compliance across the firm. In addition to employment litigation and ADR experience (as detailed separately below), also currently manages large-scale equal pay audits involving intricate data sets, multifaceted variables, stakeholder coordination, conducts complex independent workplace investigations, and facilitates a broad array of employment training.
Prior to current firm (formed in 2006) experience, 10 years of employment litigation in a large New Jersey law firm, and handled labor and employment matters in government roles. Experience also includes legal academia.
Mediator Experience
Experience with private employment mediation services since 2008. Served on the New Jersey Superior Court Roster of Civil Mediators. Has served on AAA Mediation Panel since 2014. Experience in large complex matters and pro se cases.
Experience also as Arbitrator on the AAA Employment Panel since 2007. Matters have included a wide array of employment claims filed under federal and state laws, including under New Jersey, New York and Pennsylvania.
Representative Issues Handled as a Mediator
Mediated complex employment cases involving substantial claims of damages. Mediation of broad range of harassment, discrimination and retaliation matters, including, whistleblowing, race discrimination, disability discrimination, sexual harassment, breach of contract and other common law claims.
Mediator Style & Process Preferences
Approach to mediation is to use collaborative measures to help the parties resolve conflicts, including consensus building. Employ a balanced approach having litigated employment cases from both the plaintiff/employee and defense/employer perspectives. Encourage practical discussions at the mediation session about legal and factual issues. Assist in considering risks and benefits of protracted litigation and interpretation of substantive areas of employment law. On employment disputes, parties are kept in separate rooms throughout the entire mediation process. Work collaboratively with counsel on structuring the mediation session to be most productive and a positive experience. Expectations are that counsel and the parties will be prepared and committed to the process and that appropriate decision-makers be present.
Technology Proficiency
Experience with virtual platforms, including Zoom, WebEx and Microsoft Teams. Willing to hold remote pre-hearing conferences and remote hearings on virtual platforms. Experience with Net Documents and Timesolv.
Education
Rutgers Law School-Newark (JD, Articles Editor, Rutgers Computer and Technology Law Journal-1995); Rutgers University (BA, History/Political Science, high honors, Henry Rutgers Scholar Thesis with highest distinction-1992).
Professional Licenses
Admitted to the Bar: New Jersey (1995); U.S. District Court: District of New Jersey (1995); U.S. Supreme Court (2019).
Professional Associations
National Association of Minority and Women-Owned Law Firms (NAMWOLF) Member (Cross-Marketing Committee, Trials Practice Area Committee, ADR Subcommittee, Labor and Employment and Compliance and Investigations Practice Area Committees), College of Labor and Employment Lawyers (Fellow), New Jersey Lawyers Assistance Program (Board of Trustees Member) Association of Corporate Counsel (Partner), New Jersey State Bar Association (NJSBA) Labor and Employment Section (Executive Board Committee Member/DEI Committee, Co-Chair, prior Co-Chair, Workplace Investigations Committee); NJSBA Solo and Small Firm Section; NJSBA Women in the Profession Section; New Jersey Women Lawyers Association (Board Member, Past President); American Bar Association Labor and Employment Section (Employment Rights and Responsibilities Committee), Association of Workplace Investigators (Member);National Employment Lawyers Association - New Jersey (NELA-NJ) ADR Neutral; Women Owned Law (WOL); Hispanic Bar Association - New Jersey (HBA-NJ); Executive Women of New Jersey (EWNJ); Garden State Bar Association.
Recent Publications & Speaking Engagements
PUBLICATIONS:
"Tackling the Mental Health Crisis in the Legal Profession," New Jersey Lawyer (Well Being Edition), (February 2024) (co-author); “Updated Government Guidelines Cover Confidentiality and Ensuring Prompt, Thorough and Impartial Workplace Investigations,” New Jersey Lawyer, (December 2023) (co-author); “Rutgers Law School Launches Study to Advance Women in Law,” New Jersey Law Journal (October 20, 2023) (co-author); “New ‘Stericycle’ Standard Impacts Workplace Investigation Confidentiality,” New Jersey Law Journal (September 11, 2023) (co-author); "A 'Lookback' on New Jersey's Diane B. Allen Equal Pay Act and the Road Ahead," NJSBA Labor & Employment Quarterly, December 2021; "The ERA: A Century-Long Fight to Achieve Equal Rights for Women," NJLJ, June 3, 2021; "DCR Report and Proposed Legislation Aim to Enhance Harassment Protections," NJLJ, March 2020 and NJSBA Labor & Employment Quarterly, April 2020; "New Jersey Supreme Court Approves Electronic Acceptances in Employment Arbitration Agreements," NJLJ, October 2020; "Conducting Effective Independent Workplace Investigations Post #MeToo," Dispute Resolution Journal, September 3, 2019; "Equal Pay Audits: Essential Action in Light of NJ's Broad Equal Pay Act," NJLJ, May 27, 2019 and NJSBA Labor & Employment Quarterly, September 2019. (Additional Publications can be found on Arbitrator website or be provided upon request.)
SPEAKING ENGAGEMENTS:
“Navigating a Multigenerational Workforce,” Association of Corporate Counsel (ACC), Speaker, Virtual, April 30, 2026; “Best Practices for Successful Employment Arbitration and Mediation, New Jersey Institute for Continuing Legal Education (NJICLE),” Moderator, Virtual, April 1, 2026; “Workplace Investigations,” Sidney Reitman American Inn of Court, Speaker, Virtual, January 27, 2026; "Best Practices and Tips for Resolving Employment Law Cases," NJICLE, Panelist (November 1, 2024); "Best Practices for a Successful Employment Arbitration," NJICLE, Moderator (Virtual, September 30, 2024); "Are DEI Programs DOA in a Post-Harvard Landscape?," NAMWOLF 2024 Annual Meeting, Moderator, (Atlanta, September 17, 2024); "Workplace Investigations and Culture Assessments," Association of Corporate Counsel, Speaker (Virtual, April 3, 2024); "Legal Updates & Practice Tips for Conducting Effective Employment Investigations," Association of Corporate Counsel, Speaker (Virtual, February 1, 2024); "Building and Expanding the Pipeline in a Post SSFA v. Harvard/UNC World," 2024 NJSBA Diversity Summit, Panelist (New Brunswick, January 25, 2024); "Workplace Investigations: 2024 Legal Updates and Trends," NJICLE, Speaker (Virtual, January 17, 2024); “Best Practices and Tips for Resolving Employment Law Cases,” NJICLE, Moderator, (Virtual, October 16, 2023); “Diversity, Equity, Inclusion Conference 2023,” NICLE, Panelist (New Brunswick, October 3, 2023); “Workplace Investigations: Understanding Micro-Aggressions, Implicit Bias, and Culture Assessments,” NJSBA, ICLE, January 2023; “Pay Equity and Compensation Systems: Bargaining Compensation Systems that Comply with the Diane B. Allen Equal Pay Act," Public Employment Relations Conference, April 2021; "Advanced Workplace Investigation Issues in Sexual Harassment Cases," ABA, 14th Annual Labor and Employment Conference, Virtual, November 2020; "The EEOC Agenda and Current Case Developments," College of Labor and Employment, NYC, New York, February 26, 2019; "Effective Workplace Investigations in a Post #MeToo Era," AAA, NYC, NY, November 2019; "Moving the Conversation Past Gender Types – Addressing Sexual Misconduct from Global and Legal Perspectives," Women in Health Care Leadership Summit, San Diego, CA, April 2019. (Additional Speaking Engagements can be found on Arbitrator website or be provided upon request.)
Locations Where Parties Will Not be Charged for Travel Expenses
No charge for travel time into Manhattan. No charge for travel time in New Jersey or Pennsylvania that does not exceed one hour.
Compensation
Hourly Rate: $795.00
Daily Rate: Not provided
Study Rate: $795.00/hr
Cancellation: Not provided
Cancellation Period: Not provided
Comment: The firm has offices in Northern New Jersey and Manhattan. There is no charge for travel time into Manhattan and in New Jersey or Pennsylvania that does not exceed one hour. Travel time in excess of one hour will be charged at Arbitrator's hourly rate. Reimbursement of reasonable expenses for travel, mileage, parking, lodging, and meals will be sought for significant travel and overnight stays in accordance with the AAA Rules.
Languages
English
Citizenship
United States of America
Locale
Montclair, New Jersey
