Mediator Resume

Over 40 years’ experience as an employment and commercial litigator and trial attorney. Has represented businesses and employees in all aspects of employment law, as well as in contract, fraud, and other commercial disputes. Employment and commercial cases have involved diverse industries, including entertainment, hospitality, aviation, healthcare, finance, and construction management. Proficient in government contract disputes and False Claims Act matters. Known for listening skills, empathy, and ability to read the room. Uses trauma-informed approach to mediation and understands that every case is different. Rated AV-Preeminent and Southern California Super Lawyer.

Kupferstein Mediation - Arbitrator and Mediator

Attorney, Mediator, Arbitrator

Arbitrator/Mediator, Kupferstein Mediation, 2023-Present; Managing Partner, Kupferstein Manuel LLP, 2013-Present; Equity Partner/Managing Partner of Los Angeles Office, Payne & Fears, 2009-2013; Capital Partner, McDermott, Will & Emery, 2006-2009; Co-Founder & Partner, National Director of Employment Litigation and Counseling, Quinn Emanuel, 1986-2006; Rosenfeld, Parnell and Shames, 1983-1986.

Well-known, successful, and nationally recognized trial attorney who has been serving the legal community for over 40 years. Recognized since 2006 among the top lawyers in the fields of employment and labor, employment litigation defense, alternative dispute resolution, and business litigation by the Southern California Super Lawyers. Rated AV-Preeminent. EMPLOYMENT Extensive litigation and trial experience in employment-related matters, including wrongful termination, discrimination, sexual harassment, ERISA, and wage and hour matters. Cases have ranged from single plaintiff to nationwide class actions. Negotiated, in separate cases, substantial settlements on behalf of employees wrongfully terminated due to pregnancy discrimination. Tried cases in state and federal courts alleging age, race, and sex discrimination; sexual assault and harassment; and whistleblower/qui tam allegations. Represented parties in arbitrations concerning non-employment sexual assault, employment discrimination, and wrongful termination. COMMERCIAL Commercial and complex litigation experience includes representation of a toy company in a nationwide consumer class action; representation of parties in securities fraud cases; representation of employer in an ERISA class action concerning post-retirement medical benefits; representation of government contractors (manufacturers and construction management and engineering companies) in False Claims Act cases; and served as lead counsel for the Academy of Motion Picture Arts & Sciences in trial and other litigation preventing the sale of awarded Oscars. Represented clients in a wide range of industries, including entertainment, airline travel, toys, hospitality, health care, aerospace, construction and engineering, agriculture, banking, and insurance. Tried cases in state and federal courts and represented parties in arbitrations concerning claims for breach of government contracts, fraud, and false claims.

For almost 40 years, helped clients in diverse industries reach resolution by direct negotiation and as lead counsel in mediations of employment disputes (representing employers and employees) and commercial litigation. Has served since 2023 as a settlement officer for the Resolve Law LA virtual mandatory settlement conference program, and since 2024 as a member of the Mediation Panel for the United States District Court, Central District of California. Mediator Training: Mediating the Litigated Case, Straus Institute for Dispute Resolution (March 2023); Employment Mediation Institute, Southern California Mediation Association (August 2023); Advanced Mediation & Advocacy Skills, American Bar Association (October 2023); ABA Dispute Resolution Conference, American Bar Association (April 2024); Employment Mediation Institute, Southern California Mediation Association (August 2024); CACD ADR New Mediator Training, ADR Program U.S. District Court (August 2024); CACD ADR Advanced Mediation Training, ADR Program U.S. District Court (June 2025 and 2026); Employment Mediation Institute, Southern California Mediation Association (June 2025 and 2026).

Wrongful termination and whistleblower (unsafe working conditions); employment discrimination (race, sex, age, national origin, disability); sexual assault by landlord; wage and hour violations (meal and rest breaks, overtime, commissions); contractual disputes; unfair business practices (theft of trade secrets); fraud claims by a silent partner; consumer credit; ADA violations; premises liability (armed robbery of a mall store); personal injury (assault and battery; motor vehicle). Parties have included small and family businesses; state, county, and municipal departments/agencies; community colleges; K-12 schools; Fortune 500 companies.

As an experienced mediator, I know that every case is different. The legal issues may be similar, but the people – the parties and their attorneys – each bring their unique humanity, their own combinations of temperament, emotions, life experiences, and interests to the mediation. I bring a highly attentive, empathetic, and trauma-informed approach to resolving disputes. My process begins with a thorough review of the story and evidence provided by counsel, in their briefs or otherwise, to understand the background. Next, I conduct separate pre-mediation calls with counsel to learn crucial information about the interpersonal dynamics between and among counsel and their clients, insurance limits, what impediments there may be to settlement, and what their end goal is. But it is in the mediation room where I truly excel at assessing the situation and underlying dynamics. I prioritize creating a safe space for plaintiffs to share their stories and feelings, particularly when they have experienced trauma or feel deeply wronged. By actively listening and building rapport through genuine understanding and points of connection, I ensure that plaintiffs feel heard and validated. However, I also know when to strategically shift the focus to numbers and compensation, while reassuring plaintiffs that I will effectively convey their perspectives to the other side. When working with the defense, I understand that emotions can run high, and that decisionmakers and individual defendants can feel wrongly accused and frustrated. I am adept at identifying potential political issues and tensions within their team, such as how settlement can affect the business unit or career of the decisionmaker, the reasonableness of the adjuster, or the extent of their settlement authority. I know when and how to shift the defense focus to making a sound business decision given the risks of continued litigation, while reassuring defendants that I will effectively convey their perspectives to the other side. Like the mediators I sought as an advocate, my style is evaluative: I tell the parties what I perceive as the strengths and weaknesses in each side’s case. My focus generally is on the facts and the story, not the law (unless the legal issues, such as a statute of limitations, may be dispositive). Accordingly, mediation briefs should contain minimal, if any, legal briefing. Instead, I want the equivalent of an opening statement and the available supporting evidence (such as photographs and videos, witness statements and depositions, and payroll records and time clock entries). In class actions, I want the spreadsheets (yes, I’m that granular and good at math). At mediation, I make clear to the clients on each side that my evaluation of the risks and rewards of not settling is not legal advice, and that the decision to settle rests solely with the parties, relying on the advice of their counsel. In addition to my evaluative style, I can be as directive and/or facilitative as is requested or needed. My goal is not to favor one side or the other, but rather to reach resolution.

Familiar with the various online platforms (i.e. Zoom, Microsoft Teams, Google Meet etc.) and willing to conduct mediation sessions virtually.

Loyola Marymount University School of Law (JD, cum laude - 1982); University of California Los Angeles (BA - 1978); Pepperdine University School of Law, Straus Institute for Dispute Resolution (Mediating the Litigated Case - 2023).

Admitted to the Bar: California (1982); U.S. District Court: Southern (1982), Central (1984), and Eastern (1994) Districts of California; U.S. Court of Appeals: Ninth Circuit (1984).

American Bar Association (Member, Litigation and Dispute Resolution Sections); Southern California Mediation Association (Member); Conference of California Bar Associations (Chair 2017-2018, Board Member 2011-present); Women Lawyers Association of Los Angeles (Member).

Presenter, “Mediating Harassment and Defamation Claims in Employment,” Beverly Hills Bar Association Mediation Training (October 2024). Moderator, “Mastering Employment Mediation: Strategies for Success at Any Stage of Your Case,” American Bar Association Litigation and Dispute Resolution Sections (May 2024). Author, “The Role of Alternative Dispute Resolution on the Doorstep of Trial,” Trial Practice issue of Consumer Attorneys of California’s FORUM Magazine, November/December 2023. Visit www.kupfersteinmediation.com for more information.

Hourly Rate: Not provided Daily Rate: $12,500.00 Study Rate: Not provided Cancellation: $12,500.00/Day Cancellation Period: 14 Days Comment: Fee is due within 48 hours of booking/scheduling. Study time is included in daily rate, and includes pre-mediation conferences with counsel. Only travel time exceeding one hour each way will be billed, along with reasonable and necessary expenses (commercial travel and lodging). If the mediation is cancelled less than 14 days before the scheduled date, the parties may, depending on circumstances, be charged the full daily rate unless mediator is able to fill the slot with another mediation.

English

United States of America

Moorpark, California