Alternative Dispute Resolution
RESOLVING CONFLICT WITH PRACTICAL SOLUTIONS
At KSBranigan Law, we promote exploring practical solutions to workplace conflicts as an alternative to litigation. Our Alternative Dispute Resolution (ADR) services are designed to help preserve work relationships, protect business interests, and shorten the lifespan of protracted disputes. When guided by a skilled arbitrator or mediator, ADR often proves the most efficient, cost-effective, and constructive path forward for everyone involved. In addition, ADR can help alleviate pressure on an overloaded court system.
RECOGNITION
The American Arbitration Association (AAA) has recognized the qualifications of KSB Law attorneys in ADR by and through their service on the AAA’s Commercial, Employment, and Consumer Arbitration Panels, its Mediation Panel, and its Workplace Investigation Panel.
DECADES OF DIVERSE EXPERIENCE
Our ADR attorney team possesses decades of collective experience gained from prestigious law firms, corporate in-house roles, government appointments, and academic roles at the law school, graduate, and undergraduate levels. Prior to becoming neutrals, our attorneys managed complex litigation in state and federal courts and before administrative agencies. Today, they serve in a variety of neutral roles as arbitrators, mediators, investigators, trainers, and expert witnesses. Leveraging their varied backgrounds and perspectives, our ADR team assists parties to resolve and manage their disputes efficiently and effectively.
EMPLOYMENT ADR EXPERIENCE
Our employment ADR neutrals possess the rare advantage of having previously represented both employers and employees in employment litigation. This dual perspective enhances their ability to assess evidence fairly and impartially. They have experience handling:
- Discrimination and harassment claims based on a number of protected classes, including gender/sex, pregnancy, age, race, religion, national origin, sexual orientation, and disability
- Retaliation and whistleblower claims
- Statutory claims under the Family and Medical Leave Act (FMLA), Title VII of the Civil Rights Act of 1964 (Title VII), Americans with Disabilities Act (ADA), Age Discrimination in Enforcement Act (ADEA), Fair Labor Standards Act (FLSA), New Jersey Law Against Discrimination (NJLAD), New Jersey Equal Pay Act (NJEPA), Conscientious Employee Protection Act (CEPA), New Jersey Family Leave Act (NJFLA), and New Jersey Wage and Hour and Wage Payment laws
- Common law claims including sophisticated executive employment contract matters, compensation disputes, severance packages, and restrictive covenants (non-compete, non-solicitation, and non-disclosure agreements)
AAA ARBITRATION PANELS
Since launching our ADR practice in 2007, our Firm has grown to include five arbitrators. Our ADR team members are recognized by the American Arbitration Association (AAA) as qualified to serve on the following AAA panels:
- Employment
- Commercial
- Consumer
Our ADR team possesses extensive arbitration case management skills and is experienced in handling complex class action and multi-party cases, including matters involving pro se parties. Our arbitrators preside over hearings, address discovery motion disputes, issue comprehensive dispositive rulings, and draft reasoned arbitration decisions.
MEDIATION SERVICES: AAA, NJ COURTS, PRIVATE
Our Firm provides employment mediation services through:
- AAA Mediation Panel
- New Jersey Superior Court Civil Roster of Mediators
- Private engagements
Our seasoned employment mediator brings decades of experience from handling employment litigation on both sides to her neutral role where she now offers impartial, results-driven mediation at all phases of litigation and pre-litigation. She also has significant experience serving as an arbitrator, investigator, and expert witness on investigation efficacy. Additionally, she acts as an External Advisor for Princeton University’s Title IX/Sexual Misconduct Grievance Program and formerly served as a Commissioner with the New Jersey Public Employment Relations Commission (PERC), a seven-member, quasi-judicial administrative agency charged with administrating public sector labor issues, unfair practices, mediation, fact-finding, and arbitration.
WORKPLACE MEDIATIONS
Our ADR team mediates internal workplace conflicts at all stages, including:
- Pre-complaint resolution through internal dispute resolution
- Post-investigation mediations to help restore employee relations
Through mediation, we aim to resolve disputes amicably before they escalate, foster understanding, diffuse tensions, and rebuild workplace morale.