Alternative Dispute Resolution (ADR) Practice

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There is an ever-growing evolution in the law for both parties and their counsel to exploring alternatives to costly litigation. Innovative efforts engaged to craft collaborative solutions to legal problems and pursuing alternative measures is critical.

Mediations and Arbitrations

Arbitrations and mediations play an increasingly important role in the litigation process and representation in employment mediations and arbitrations is available.
  • AAA Arbitrator
  • Mediator
Ms. Branigan is a Mediator on the civil roster of mediators with the New Jersey Superior Court and an Arbitrator with the American Arbitration Association (AAA)Commercial/Employment Panel and provides services as a neutral in employment arbitrations, as well as in employment mediations, both private and court-ordered.

Ms. Branigan’s unique experience enhances her role as a neutral arbitrator and mediator. Throughout her career, she has had extensive experience in handling litigation from both the plaintiff and defense perspectives, while also assisting clients with implementing preventative and remedial measures, including policies, training and investigations. This dual perspective in having handled matters from both sides has fostered her role as a neutral.

Ms. Branigan litigated AAA employment arbitrations and has also handled public sector labor arbitrations. She has served as an advocate in numerous employment mediations and settlement conferences before judges, with private mediators and/or court-order mediators appointed through the New Jersey state and federal courts and agencies, such as the Equal Employment Opportunity Commission, Division on Civil Rights, New Jersey Department of Labor, Divisions on Unemployment and Wage and Hour Compliance, and the Office of Administrative Law.

Negotiations
Negotiations play a critical role in all aspects of employment law. A strong emphasis is placed upon reaching common goals through negotiations and pre-litigation efforts. At the outset of employment, it is important to review and assess:
  • Employment Contracts
  • Non-Disclosure Agreements
  • Executive Compensation Packages
At the conclusion of employment, issues arise that often require negotiation, such as:
  • Severance Agreements and Releases
  • Restrictive Covenants
  • Non-Competition Provisions
  • Non-Solicitation Clauses
In the event that litigation is necessary, it is likewise important to utilize negotiations skills. Ms. Branigan has 12+ years experience practicing exclusively in the area of employment law and handled litigation and negotiations from both the defense and plaintiff perspectives, including complex multi-party matters and class action lawsuits. Such matters included those in sexual harassment, gender, sex, pregnancy and, care-giver responsibilities discrimination, age, race, religion, national origin and disability handicap discrimination/harassment, as well as, wrongful discharge, wage and hour, federal Family and Medical Leave Act, New Jersey Family Leave Act, Conscientious Employee Protection Act (whistleblower), tenure dismissal, invasion of privacy, defamation, breach of employment contracts, retaliation claims and complex class actions and multi-party litigation on matters filed in state and federal courts and administrative agencies.

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RELATED ARTICLES

Legislature Considers Further Expansion of LAD
Investigations

published in the
New Jersey Law Journal
,
Kirsten S. Branigan,
co-author.
(March, 2008
)

 
 
       
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