Mediator Resume

California-based neutral with decades of experience in employment law and alternative dispute resolution. Serves as arbitrator and mediator in a wide range of employment matters, including discrimination, harassment, retaliation, wrongful termination, wage and hour, and PAGA claims. Extensive background representing employers and employees provides a balanced understanding of liability, damages, and procedural issues arising in employment disputes. Regularly handles complex statutory claims and fact-intensive matters, including cases involving multiple claims, evolving legal standards, and significant exposure. Known for careful preparation, efficient case management, and a practical, even-handed approach to dispute resolution.

Johnston Mediation – Arbitrator and Mediator

Attorney

Owner, Johnston Mediation, 2017-Present; Principal Attorney, Johnston Law Firm, 2002-2017; Founding Partner, Johnston & Schwartz, 1989-2002; Deputy Public Defender, Riverside County, 1989; Associate Attorney, Insurance Defense Firms, 1987-1989.

More than 25 years of experience practicing employment law, with a primary focus on representing parties in disputes involving wrongful termination, discrimination, harassment, retaliation, wage and hour violations, and PAGA. Extensive experience analyzing statutory frameworks, factual records, and damages models applicable to single-plaintiff and representative employment matters. As an advocate, handled a wide range of employment disputes across multiple industries, including claims involving termination decisions, workplace harassment, disability and leave issues, retaliation for protected activity, wage payment practices, meal and rest period compliance, misclassification, and civil penalties. Experience includes matters involving multiple causes of action, overlapping statutory schemes, and evolving legal standards under California and federal law. Regularly evaluated liability exposure, affirmative defenses, and remedies, including compensatory damages, statutory penalties, and attorneys’ fees. Developed familiarity with employment practices, personnel policies, and decision-making processes commonly at issue in employment disputes. Experience includes pre-litigation assessment, discovery, motion practice, and trial preparation in employment cases. Professional background provides a practical understanding of how employment disputes arise, how they are litigated, and how legal and factual issues intersect with business considerations and risk assessment. This experience informs a balanced and informed perspective on the merits, challenges, and resolution dynamics of employment disputes.

Has served as a full-time mediator since 2017, specializing exclusively in employment law disputes. Mediation practice focuses on wrongful termination, discrimination, harassment, retaliation, wage and hour claims, and PAGA. Regularly mediates single-plaintiff matters as well as complex disputes involving multiple claims and overlapping statutory issues. Mediation experience includes cases involving alleged discriminatory and retaliatory termination decisions, workplace harassment, disability and leave-related disputes, wage payment practices, meal and rest period compliance, misclassification, and representative PAGA allegations. Has mediated matters involving both private and public employers across a range of industries, with disputes presenting significant factual complexity and legal exposure. Has extensive experience mediating multi-party cases, including matters involving multiple plaintiffs, multiple defendants, and coordinated defense groups. Is familiar with the dynamics and challenges presented by cases involving numerous stakeholders, differing risk tolerances, and competing strategic interests. Routinely mediates cases involving a wide range of claimed damages and potential exposure, including compensatory damages, statutory penalties, civil penalties under PAGA, and attorneys’ fees. Experience as an employment lawyer informs understanding of how employment disputes develop, how they are litigated, and how parties evaluate risk and resolution options.

Wrongful termination claims arising from alleged misconduct, performance-based terminations, reductions in force, and alleged violations of public policy. Claims arising under the California Private Attorneys General Act (PAGA), including alleged Labor Code violations, representative penalty exposure, and interaction with individual employment claims. Discrimination claims involving age, disability, race, sex, gender, sexual orientation, national origin, and other protected classifications under California and federal law. Wage and hour disputes involving unpaid wages, overtime, meal and rest period compliance, misclassification, pay practices, and related statutory penalties. Workplace harassment claims, including hostile work environment and single-incident harassment allegations. Retaliation claims involving alleged adverse employment actions following protected activity, including internal complaints, leave requests, accommodation requests, and whistleblowing. Disputes involving disability accommodation, interactive process obligations, and medical leave issues under state and federal law. Employment disputes involving multiple claims, overlapping statutory schemes, and fact-intensive allegations requiring evaluation of credibility, documentation, and risk.

I request pre-mediation briefs in advance of the session and review them carefully to understand the factual, legal, and practical issues presented. My preparation focuses on identifying key areas of dispute, potential barriers to resolution, and issues that may benefit from further clarification during the mediation process. My mediations are generally conducted in private caucus rather than joint session, unless the parties jointly request otherwise. I find that this approach often promotes candid discussion and efficient exploration of resolution options, particularly in employment disputes involving sensitive issues. I respect party autonomy and tailor the process to the needs and preferences of the participants. I approach mediation as a problem-solving process grounded in careful listening, neutral evaluation, and practical risk assessment. I may share observations or evaluative feedback when requested by the parties or when it appears that doing so may assist the parties in reaching resolution. My goal is to facilitate informed decision-making while maintaining neutrality and balance throughout the process. I have extensive experience conducting mediations remotely and am comfortable managing virtual mediation sessions, including matters involving multiple parties and counsel. I emphasize professionalism, preparation, and efficiency, and I work with the parties to structure a process that supports productive dialogue and meaningful settlement discussions.

Proficient in conducting virtual mediations, hearings, and conferences using Zoom and similar online platforms. Comfortable managing virtual sessions involving multiple parties, breakout rooms, document sharing, and real-time communication with counsel and participants. Familiar with common office productivity tools and document management systems used in employment disputes, including electronic document review, secure file sharing, and preparation of electronic exhibits. Experienced in working with electronically stored information (ESI) in the context of employment matters. Demonstrates familiarity with the use of technology and emerging AI tools to support case preparation, issue identification, and analysis, while maintaining appropriate safeguards for confidentiality and neutrality. Comfortable adapting to evolving technology platforms used in alternative dispute resolution proceedings.

University of the Pacific, McGeorge School of Law, (J.D. - 1986); University of California, Santa Barbara (B.A. - 1976).

Admitted to the Bar: California (1986 - license under James Wilson Johnston).

Distinguished Fellow, International Academy of Mediators; Diplomate Member, National Academy of Distinguished Neutrals.

LA County Enacts Fair Workweek Laws (Daily Journal) Insurance for Employment Disputes: Know What’s Covered Before Negotiating (Daily Journal) “Avoidable Consequences” Should Apply to All FEHA Cases (Daily Journal) Another Look at the Quach Decision (Advocate) PAGA Claims Must Now Be “Headed” (The Recorder) SB 399: Employers Can’t Force Workers to Listen to Them (Daily Journal) Pay for Resident Managers Can Be Tricky (Daily Journal) Mediating Single-Incident Harassment Cases Post Bailey (Daily Journal) Employment Claims Against the Government (Daily Journal) Workplace Harassment: A New Landscape (Daily Journal) Criminal History Shouldn’t Stand in the Way of Employment (Daily Journal) Deconstructing Constructive Discharge (Daily Journal) Common Misconceptions About PAGA Penalties (Daily Journal) California Expands Protections for Whistleblowers (The Recorder) Disability Discrimination – Testing Is Not Always Required (Daily Journal) For a complete and current list of publications, please see: https://johnstonmediation.com/pages/press.htm

Hourly Rate: Not provided Daily Rate: $16,500.00 Study Rate: Not provided Cancellation: Not provided Cancellation Period: Not provided Comment:

English

United States of America

Riverside, California