Mediator Resume

The Law Offices of Stephen M. Benardo APLC - Principal

Arbitrator, Mediator, Attorney

Principal, The Law Offices of Stephen M. Benardo APLC, 2011-Present; Partner, Appell Hilaire Benardo LLP, 2005-2011; Senior Counsel, Silver & Freedman, 1998-2004; Associate, Knee & Mason, 1994-1997; Associate, O’Flaherty & Belgum, 1993-1994; Law Clerk, Seyfarth Shaw Fairweather & Geraldson, 1989-1990.

Represented employers and employees in all areas of employment law and litigation, including harassment, discrimination, wrongful termination, disability, employee mobility, and wage and hour issues. Also represented clients in unfair competition, trade secrets, and other business litigation, as well as class actions and appellate practice. Represented clients in federal and state courts, arbitrations, administrative proceedings, and mediations. Provided counseling and training on employment and personnel issues, and helped ensure compliance with the ever-changing laws governing the workplace by providing appropriate policies, procedures, and employment agreements. Clients have benefitted not just from knowledge and experience, but also from approach to risk management, which has emphasized avoidance of claims in the first place. Regarded as an expert on a wide-range of employment law and civil rights issues from discrimination and harassment of all types, to wrongful termination, to retaliation and whistleblower cases, to wage and hour, to trade secrets and unfair competition, to almost every area of the law governing employers and employees. Has an in-depth understanding of wage and hour class actions and PAGA actions. Many attorneys and neutrals are familiar with the FLSA or California wage and hour laws, but few truly understand the class certification process, statistics and surveys, PAGA, and the special claims and defenses on which these cases rise and fall. Has both prosecuted and defended wage and hour class actions and PAGA cases, and has been class counsel in a number of seven and eight figure class actions. Has litigated more than 100 individual wage and hour cases (e.g., FLSA, California Labor Code, overtime exemption misclassification, independent contractor versus employee) on behalf of both plaintiffs and defendants in civil court and before the California Division of Labor Standards Enforcement. In-depth experience in unfair competition and trade secret cases, having represented clients on all three points of the triangle: employers who have lost employees to a competitor, employers who have hired employees from a competitor, and employees who have changed jobs from one competitor to another or who have started a business that competes with a former employer.

In addition to private mediation practice, currently serves as a panel mediator for the United States District Court for the Central District of California since appointment to the ADR Panel in 2018. Currently serves as a Settlement Officer for the Los Angeles County Superior Court through the Resolve Mediation program. Previously served as a settlement officer in the Los Angeles County Superior Court CRASH Mediation Program and as a volunteer mediator in the Mediation Advocacy program at the USC Gould School of Law. Served as a volunteer mediator for the Small Claims Division of the Los Angeles County Superior Court through the Center for Conflict Resolution (CCR), mediating approximately ten cases per month. Experienced and comfortable mediating both virtually and in-person, so the mediation method best suited for the parties and can be selected for each case. About half of cases mediated have been virtual mediations via Zoom or other video conferencing platforms. Also available to mediate in-person. Primary focus as a mediator is employment law cases, with a specialty in wage and hour class action matters. Mediated cases involving wrongful termination, discrimination, harassment, retaliation, whistleblower, and disability claims. Also mediated other types of cases, such as personal injury, landlord-tenant, consumer credit reporting, and ADA access.

Strongly believes in the importance of resolving disputes in a way that works for parties and attorneys and allows all concerned to put the dispute behind them to move on to bigger and better things. There is no one path to resolution – it takes an open mind, a willingness to find the way that works in each individual case, and a determination to get things done. Is a mediator who understands all types of litigants and attorneys. As a litigator, has represented clients before state and federal appellate courts, trial courts, and administrative agencies. As a defense attorney, has worked for multi-billion dollar companies, single individuals, and all kinds of clients in between. As a plaintiffs’ attorney, has handled class actions with potential damages over 100 million dollars, to cases where only 10,000 dollars were at stake. Has thus concurrently represented both employees and employers in a broad range of cases, something few attorneys do – knows what both rooms are thinking.

UCLA School of Law, (JD-1991); University of Minnesota (BA-1985).

Admitted to the Bar: California (1992); US District Court: Central (1995), Eastern (2003), Northern (2003), and Southern Districts of California (2003); US Court of Appeals: 9th Circuit (2014).

Los Angeles County Bar Association, Labor and Employment Law Section (1994-Present); ProVisors (2004-Present); Beverly Hills Bar Association (2021-Present).

Hourly Rate: Not provided Daily Rate: $11,000.00 Study Rate: Not provided Cancellation: Not provided Cancellation Period: Not provided Comment: Daily rate for all cases, except PAGA cases or class actions, is $11,000. Daily rate for PAGA cases is $12,000. Daily rate for class actions is $13,000. Daily rate for all mediations includes pre-mediation preparation and phone calls, the full day of mediation, and reasonable follow-up if necessary. Does not charge for overtime on the day of the mediation – whether it takes six hours or 12 hours, the daily rate is the same. Rate for a half-day mediation, i.e., up to four hours, is a flat rate of $7,750, with an hourly rate of $1,375 for each hour over four. Does not charge extra for pre-mediation preparation and phone calls (included in the flat rate).

English

United States of America

Los Angeles, California