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Mediator Resume

Harvey C. Berger, Esq.

Harvey C. Berger, Esq.

Current Employer-Title

Berger & Williams, LLP – Partner

Profession

Attorney, Arbitrator, Mediator

Work History

Partner, Berger & Williams LLP, 2022 - present; Partner, Berger Williams & Reynolds LLP, 2018 – 2022; Partner, Pope Berger Williams & Reynolds LLP, 2015 – 2018; Partner, Pope Berger & William, LLP, 2003 – 2014; Partner, Pope & Berger, 1996 – 2002; Partner/Associate, Haasis Pope & Correll A.P.C., 1984 – 1996; Associate, McInnis Fitzgerald Rees Sharkey & McIntyre, 1982 – 1984.

Experience

In addition to extensive counseling and litigation experience, has been retained numerous times as an expert witness by both plaintiffs and defendants. Retained as Human Resource expert and in wage and hour matters. Elected to the College of Labor and Employment Lawyers in 2015. Well balanced employment law practice representing both employer and employees (approx. 50/50).

Mediator Experience

Mediated scores of cases. Although not advertised as a mediator, parties who are aware of the experience as both a plaintiff employment attorney and a defense employment attorney have requested services to mediate a number of employment cases, including two class actions. Served as arbitrator for the San Diego County Bar Association Fee Dispute Committee routinely in the past, convinced parties to mediate, and in 98% of such cases, was able to get the parties to settle their differences. Attended the two week Strauss School of Mediation - Mediating the Litigated Case in February 2013.

Representative Issues Handled as a Mediator

Mediated Employment Law Matters, Wage and Hour Class Actions, and Attorney Fee Dispute matters.

Mediator Style & Process Preferences

Harvey Berger believes if the mediator can establish rapport with, and gain the trust of the parties, the prospects of settlement improve immeasurably. Critical to any mediation is an exchange of information; with trust, information flows more readily. His extensive experience in civil litigation, and employment law will help both parties to analyze the strengths and weaknesses of their own case and that of the other party.

Education

Pepperdine University/Strauss School of Mediation (2013); University of San Diego School of Law (JD-1981); Massachusetts Institute of Technology Sloan School of Management (MS-1976); State University of New York at Stony Brook (BA-1974).

Professional Licenses

Admitted to the Bar: California, 1982.

Professional Associations

State Bar of California; American Bar Association; San Diego County Bar Association; California Employment Lawyers Association; National Employment Lawyers Association; Association of Trial Lawyers; Society for Human Resource Management; San Diego Defense Lawyers; Consumer Attorneys of San Diego; Lawyers Club of San Diego; Defense Resource Institute; Center for International Legal Studies; Member San Diego Superior Court Alternative Dispute Resolution (ADR) Committee.

Recent Publications & Speaking Engagements

Publications: Uniform Services Employment & Reemployment Rights Act. Contributing author: BNA Wage & Hour Laws, a State by State Survey. Speaking Engagements: Thomas Jefferson School of Law re: Elimination of Bias; Consumer Attorneys of San Diego Symposium re: Employment Law; American Bar Association November 2011 Conference re: ABA Alternative Dispute Section on Mediation; CA State Bar Re: Worker Adjustment and Retraining Notification Act; Employment & Labor Law Society at University San Diego re: Sexual Harassment; Society for Human Resource Management re: Whistle Blower claims (LC 1102.5), Law Day (January 2013); Society for Human Resource Management re: Disability Discrimination, Law Day (January 2014); San Diego County Bar Association Elimination of Bias (January 2014); and speaker at numerous (over 30) Sexual Harassment training sessions and management training seminars for private corporations.

Locations Where Parties Will Not be Charged for Travel Expenses

Will travel to Northern California - San Francisco Bay area for Arbitrations and Mediations with no travel charge.

Compensation

Hourly Rate: Not provided Daily Rate: $11,000.00 Study Rate: $695.00/hr Cancellation: $695.00/Day Cancellation Period: 30 Days Comment: Half day Hearing rate of $6,000.00 (includes reviewing briefs) and $695.00 per hour after half day (4 hours). Plus expenses. Mediations in San Francisco/Bay Area will not be charged a travel rate.

Languages

English

Citizenship

United States of America

Locale

San Diego, California